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New Consumer Protections Will Probably Not Remedy Everything
Consumer Outrage Prompts New Protections for Cardholders
The recent government bailout of the nations banks, begun under former president George W. Bush and continued under current president Barack Obama, has produced considerable outrage among many Americans, particularly those facing mounting job losses, declining home prices and income, rising variable-rate mortgages and a host of other economic and financial pressures. The $ 700 billion plus rescue was necessary, government and bank leaders say, to save the nations banking and investment system from imminent collapse and to help restore failing banks to financial liquidity and ability to offer credit to Americas businesses and consumers, both large and small.
But the disclosures of large salary bonuses conferred upon bank executives, lavish spending on entertainment and the continued tightening of credit became lightning rods for the publics anger. When this combines with the persistent consumer complaints about credit card and banking abuses, Congress finally saw fit to redress these grievances in 2009, to curb the more egregious offenses.
The Credit Act of 2009 Promises Relief to Consumers
The Credit Card Accountability Responsibility and Disclosure Act, or CARD, enacted by Congress in May 2009, is being called a major step forward in reining in some of the banking industrys excessive practices. Though there are some definite and specific curbs that are good, there are also limits to what the law is able to regulate. Plus, the time gaps in implementing the various measures are allowing banks to find alternate ways to charge fees and raise interest rates, actions which have raised the ire of consumers in recent years.
What the Credit Act Will Regulate
The first phase of CARD took effect back in August 2009. Since August, card issuers have to announce interest rate increases 45 days before they take effect, and it has to be in writing. Cardholders have the right to refuse the increase by closing the account and are also allowed to pay off the balance within five years under the old terms. Some banks are letting their customers keep an account open, but no purchases can be made until the balance is paid. Another change since August, requires card issuers to deliver account statement at least 21 days prior to the due date, up from 14.
The second phase begins in February 2010. Banks will then be prohibited from raising interest rates on current balances unless a customer is at least 60 days behind on a payment. This restriction will apply to raising interest rates on a single balance if the cardholder fell behind on an account with a different card. In addition, a customer whose rate is increased for being 60 days late must be allowed to earn back the earlier rate with successive on-time payments for six months. These protections do have exceptions: banks can change introductory rates, temporary hardship rates, and established variable rates.
Highlights of other rules to take effect in 2010 include: for balances with different rates as a result of special transfer offers, payments above the minimum payment must be allocated to the balance carrying the highest rate; banks can only charge an over-the-limit fee for a purchase if the customer authorizes the bank to allow purchases that push him or her over their credit limit; and cardholders cannot be charged for payments made over the telephone, online or by other means unless the customer requests expedited service.
Will the Act Make a Genuine Difference?
CARD thwarts several egregious practices imposed upon consumers by many banks. What shines particularly are the limitations to how rates can be increased and the manner in which excessive payments are distributed to different balances on the same account. Harsh over the limit fees and extending notice periods are obviously helpful. What banks can do to still make money and not be overruled by CARD? Bill Hardkopf, CEO of LowCards.com, a web site that monitors the industry, says, There are so many things that issuers can do that the Card Act doesnt touch.
What issuers have been doing leading up to CARDs full implementation is to arbitrarily raise interest rates, including on fixed-rate agreements, slash credit limits and, in some cases, close accounts, all in the name of a challenging economy." What they can do after implementation is close accounts, swap fixed rate agreements to variable rate, and charge annual fees on some cards, including new ones. The Act doesn't protect these actions, though.
Where the Consumer Now Stands
Congress has acted to provide some real benefits and protections to credit-card users and it is to be praised for that. At the same time, it didnt act on other, onerous bank practices. For instance, nothing in the Act prohibits banks from charging more than 30 percent, which normally would be labeled as usury. They can charge these rates retroactively after 60 days of being late. These actions by banks were often the result of customers that had missed a payment and were deemed to be in default. Banks have demonstrated some flexibility for single late payments, if they had up to then consistent payment histories. But they almost invariably impose a late charge for missing one payment. The Act thankfully limits late charges to $ 39 per occurrence at the most, and offers the account holder 60 days to change the late status before the major charges occur.
If and when a card users bank imposes severe changes on the account, the user should communicate with the bank and ask for modification of those changes. The consumer should ask to have the credit limit raised again if drastically lowered, ask that the rate increase be reduced, and that a variable rate status be returned to a fixed rate. If a large number of consumers acting similarly, the banks could be pressured if they started to see customers leaving for banks with better credit card terms. Also, remember that being properly informed about ones financial rights protected by law limits the opportunities to be taken advantage of. You can look up the facts on CARD here.
Finally, consumers can always, and should, write or call their Congressperson asking him or her to work to expand the consumer protections in the Credit Card Accountability Responsibility and Disclosure Act of 2009.
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