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credit cardholders bill of rights

The Office of the Comptroller of the Currency (OCC), a governmental regulatory organization feeling the pressure with the White House proposing replacing many of their duties with a new consumer-oriented regulatory body, has sent out a warning to the CEOs of all national banks. The Credit CARD Act of 2009 requires credit card issuers who raise a customer’s interest rate to abide by a number of regulations.

These regulations, such as the requirement to reassess the rates for anyone whose rate increased since January 1, 2009 and for the bank to provide a specific reason for any rate increase, don’t take effect until August 10, 2010. The OCC’s warning is designed to remind credit card issuers that although the rules don’t change until a year from now, they will be in effect for any customer who has been effected since January 1, 2009 — before the Act became a law. The banks will need to maintain these records so they will be available when the regulators come calling next year.

Read the OCC’s letter to CEOs of national banks.

Unfortunately, I am unaware whether my credit cards have increased their interest rates. It has been a long time since I’ve used a credit card to pay for something I could not pay back by the date the credit card payment was due. But I consider myself lucky and thankful to be in that position.

Has your interest rate increased this year?

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Today’s guest on the Consumerism Commentary Podcast is Dr. Robert Manning, author of Credit Card Nation: The Consequences of America’s Addiction to Credit, and founder and CEO of Responsible Debt Relief. Tom Dziubek and Dr. Manning discuss the results and effects of the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009.

Also in today’s program, I speak with Tom about several suggestions for handling layoffs, still a common concern as the job market is one of the last aspects of an economy to improve following a recession.

 

To listen, use the player above (Adobe Flash required), download the podcast here, subscribe to the podcast RSS feed, or use the iTunes link. Note: open links in a new window (Ctrl-click or Command-click) to avoid interrupting the podcast.

[00:00] Introduction from Flexo
[00:37] Interview with Dr. Robert Manning, Credit Card Nation
[01:27] Intents of the 2009 Credit Card Act
[05:24] Dr. Manning’s take on the effectiveness of the act
[08:11] Recap of the Credit Card Act goals
[08:58] Difference between fixed and variable rates
[11:35] Discussing the possibility of congress acting to close loopholes
[12:28] Ways that credit card companies have been reacting to the bill
[13:33] Behavioral profiling used by credit card industry
[17:57] Ways for people to prepare themselves for changing credit card company policies
[19:09] Dr. Manning’s current projects
[23:00] Tips on how to handle a layoff with Flexo and Tom
[23:35] Re-evaluating your life goals
[25:28] Determining the steps to reach your goals
[27:33] Seeking financial assistance
[30:18] Make smart financial decisions
[31:27] Re-evaluating all of your expenses
[32:01] 401k strategies
[32:25] Sharpening your skills
[33:49] Using your talents as a consultant
[35:24] End

We always welcome feedback from listeners. If you have any comments for this episode or for any other, or if you have suggestions for future episodes, please leave us comments here or email us at podcast at this domain name.

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Whether due to the economy or the impending regulation enacted within the Credit CARD Act of 2009, credit card companies are taking the opportunity to raise interest rates and minimum payments. This is perhaps an unintended consequence of increasing regulation. These changes affect consumers with manageable debt, but others who are trying to get out of debt or living paycheck-to-paycheck are harder hit by these changes.

Issuers’ actions come as a growing number of consumers lose their jobs and default in record numbers on their credit card debt. The industry is also preparing for restrictions to take effect in February 2010… The banking industry says Congress has no one to blame but itself for higher rates and fees because banks had predicted that restrictions on pricing would lead to higher costs for everyone…

Yet some critics say that issuers are taking advantage of a loophole in the law to bolster their financial conditions… In a statement Monday, [Senator Charles] Schumer slammed issuers for trying to “wring more dollars out of their customers.” Some of the changes in card terms, Schumer says, are “against the spirit of the law and … just plain wrong.”

Is credit card reform — the Credit CARD Act of 2009 (Credit Cardholders’ Bill of Rights) — a mistake or are issuers just using the fear of losing future profits as an excuse for bilking customers now?

Consumers hit again as some banks raise credit rates, fees, Kathy Chu, USA Today, June 30, 2009

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Yesterday, the House of Representatives voted on and passed the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009, the Senate’s alternative to the Credit Cardholders’ Bill of Rights. Here are some of the provisions, taking effect in February 2010:

Credit card companies must give 45 days notice before raising interest rates. Under current rules, a credit card company can raise interest rates on a customer for any reason at any time with no notice. Normally, the cardholder can refuse the rate increase and close the account, and the issuer will provide a chance for the customer to pay down the balance. The new bill, once signed into law and put into effect, will require advance notice.

Credit card companies must apply your payments to your highest interest rate balance first. Let’s say you took advantage of a 0% balance transfer offer for $10,000 but ended up needing to use the credit card for an emergency and made a $2,000 purchase at an interest rate of 10.99%. Currently, any payment you make is likely to be applied to your balance transfer until you pay off the $10,000, forcing you to be charged interest on your $2,000 balance. The new rules would change this practice.

Minors will not be able to own their own credit cards. Anyone under the age of 21 requires a parent or legal guardian to be the main account holder. The child or student could then be an authorized user on the account. There is an exception for students who have income and can prove they can be responsible for the charges on their own. Currently, my cat could get a credit card. He’s only twelve years old.

Consumers will need to “opt in” to charge above their credit limit. In the “good old days” of credit cards, if you charged more than the level of credit the issuer decided to grant you, your purchase would be declined, the waiter would return to your table, embarrass you in front of your friends, and cut your card in half with a pair of scissors. These days, you are allowed to go over your limit, but you will be charged a fee for doing so.

Credit card issuers claim this is a service; they would be mortified if one of their customers would be forced to live without air conditioning in the dark because the payment via credit card for the electric bill didn’t go through. Under the new law, consumers would have to “opt in” to receive the benefit of being charged a fee. In any situation, it helps to monitor your usage so you know when you are approaching the limit.

Your existing balance will not be subject to “universal default.” Today, it’s common practice for many credit card issuers to automatically raise interest rates if you are over 30 days late, or default, on a debt payment to anyone else who reports to agencies like Equifax and Experian. If this happens to you, you may find your interest rate to be increased on your full balance. The new law does not outlaw universal default, but it does prevent old balances from being affected. Only new charges will be able to be assigned a default rate.

Anticipating and fearing the future expense of these changes, some credit card issuers have already begun raising interest rates, lowering limits, and reducing rewards across the board. Many people I’ve spoken to, and some who have commented on Consumerism Commentary, are concerned that well-behaved credit card users who pay their bills in full each month and reap the rewards will have trouble finding amazing credit card deals in the future. I’m not too concerned.

The glut of rewards in the past decade is an anomaly. The game of credit card arbitrage, moving balances around from one card to another to take advantage of 0% interest rates while your borrowed money is earning high interest in a bank account, has always been dangerous, and in the end, a losing proposition. The ubiquity of these deals has significantly decreased over the past few years, anyway.

Credit is flowing better than it was six months ago. Yes, there are still people out there having difficulty obtaining loans, but for the well-qualified, like those who pay in full and are responsible, won’t find much trouble with credit card offers.

Credit card companies will still be competitive. They’re not going to drop their rewards programs. Even if they’re not making money on interest fees and late charges, they are making up to 3%, sometimes more, on every regular transaction through merchant fees, and the value of rewards that come back to the consumer is usually less than 1%. Credit card users who seek rewards, like me, charge more on their credit cards, so the issuers make more money on us than we’d like to believe.

Personal responsibility is an important lesson that should be learned prior to opening a credit card account. Paying attention to your own finances may alleviate 80% of the headaches pertaining to credit cards. But as customers get savvier, the industry finds ways to make dealing with them more difficult for the issuer, hiding rules deep in the twenty-page pamphlet of fine print and changing those rules on a whim.

I expect that credit card issuers will continue finding new ways to make money off of customers who either don’t pay attention to their finances or find themselves in financial distress due to external or unforeseen circumstances, and I expect that responsible users will continue to find moderate and reasonable rewards for good credit behavior.

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While the Senate is working hard to put together their version of the Credit Cardholders’ Bill of Rights some Senators are taking the opportunity of a sure-to-pass bill to tag on unrelated amendments. One example is Senator Tom Coburn’s amendment, S.AMDT.1068, whose stated purpose is “to protect innocent Americans from violent crime in national parks and refuges.” Interestingly, the way innocent Americans are protected according to this amendment is by allowing firearms in National Parks.

The amendment passed with a 67-29 vote earlier this week.

It might be worthwhile to debate whether the statutes restricting weapons from National Parks violate Second Amendment rights, but this doesn’t seem to be the appropriate place. Amendments to a bill should be related to that bill. With this amendment, a congressman on behalf of his or her constituents might vote for the complete bill package while objecting to this amendment or any others.

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In today’s podcast, Tom Dziubek talks with Ken Lin from Credit Karma about credit scores. Tom also talks about credit scores and the Credit Cardholders’ Bill of Rights Act with MSN Money’s Liz Weston.

 

To listen, use the player above (Adobe Flash required), download the podcast here, subscribe to the podcast RSS feed, or use the iTunes link. Note: open links in a new window (Ctrl-click or Command-click) to avoid interrupting the podcast.

[00:00] Introduction from Flexo
[00:38] Interview with Ken Lin of Credit Karma about credit scores
[01:22] — Explaining a credit score
[02:33] — The three credit bureaus
[03:24] — Credit Karma overview
[04:26] — Positive indicators in March credit scores
[05:47] — Lending practice changes and possible impact on credit scores
[06:38] — Limitations of a good credit rating
[08:15] — Credit Karma wrap-up
[08:51] Interview with Liz Weston of MSN Money about the Credit Cardholders’ Bill of Rights and improving credit scores
[09:26] — Status of the Credit Cardholders’ Bill of Rights Act
[10:10] — Reactions of credit card companies to the bill
[11:50] — Liz’s take on people being able to adjust their credit limits
[12:56] — Will credit card companies to freeze or slow lending?
[14:20] — The importance of improving your credit score
[15:50] — Liz’s seven fast fixes on improving your credit score
[21:19] — The differences between the three major credit bureaus
[23:40] — Liz Weston wrap-up
[24:28] End

If you have suggestions for the next edition of the Consumerism Commentary Podcast, or reactions to these interviews, feel free to leave a comment here or email your thoughts to podcast at this domain name.

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As part of our complete coverage of the forthcoming (maybe) Credit Cardholders’ Bill of Rights, I noticed a helpful article over at SmartMoney.com highlighting four different cards which already adhere to the Fed’s new rules about Credit Cards (which don’t technically have to be followed until next year) and/or some of the provisions of the Bill up for consideration in the Senate.

Some of the “benefits” (in other words, they treat you like a human being) include:

  • Set your own credit limit, lower than the one on the card, so that you can better control your own spending
  • Choose your own due date
  • Make payments by phone (you’d think this was already available everywhere)
  • Make payments on the due date without being charged extra (ditto)
  • Your card’s rate won’t go up if you behave poorly on an unrelated account (AKA “Universal Default”)
  • Get at least a month’s warning before a rate increase goes into effect
  • The statement is mailed well before the due date to prevent late payments
  • Avoid double-cycle billing (imagine paying your rent for May based on how many days you lived there in May and April)

These cards also have other benefits that actually do go above and beyond in an effort to entice you to switch. The above list, however, are things that the average “man on the street” would reasonably assume are already true of every credit account.

The article cites four credit cards following the rules: Discover® Motiva Card (apply here), Citi Forward Card (apply here), Capital One Platinum Prestige, and Wells Fargo Platinum.

I’m just one man, of course, with one man’s opinion. Here’s a summary of the opinion of the general public.

4 Consumer-Friendly Credit Cards, Kelli B. Grant, SmartMoney, May 7, 2009

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