New Credit Card Rules for 2010

A new law governing credit card accounts and terms — the Credit Card Accountability and Disclosure Act of 2009 — was passed by Congress and signed into law by President Obama in May 2009. Also called the Credit CARD Act, the law provides new protections to credit cardholders by limiting interest rate hikes, providing more disclosures in plain language, eliminating some unfair billing practices, and limiting the availability of cards to consumers under the age of 21.

Most of the changes are effective as of February 22, 2010, although some took effect on August 20, 2009, and a few others are slated to be in place as of August 22, 2010. Here are some highlights of the new federal credit card bill.
Limits on Interest Rate Increases

In the past, credit card issuers could increase the annual percentage rate (APR) on a credit card at any time, with minimal advance notice to consumers. The new Credit CARD Act places restrictions on APR rate hikes. (The APR is the cost of credit expressed as a yearly rate, including interest and other charges.)

Note: The new credit card law does not put a cap on the APR that banks can charge. This means that it’s still important to shop for a card with the best terms for you and to use your cards wisely. (For information about choosing a credit card, see Nolo’s article Shopping for Credit Cards, and to learn how to manage credit card debt, see Nolo’s article Avoiding Credit Card Debt.)
No APR Rate Hikes in First Year

As of February 22, 2010, card issuers are banned from increasing the APR rate on a new card for one year. There are only four exceptions to this rule:

* The bank discloses at the time the account is opened that the APR will increase sooner. (This exception addresses “teaser” rates — low introductory rates intended to entice the consumer to get a new card. The initial rate, and how long it will last, must be clearly disclosed and the teaser rate must last at least six months.)
* The card has a variable rate.
* The consumer fails to comply with a workout arrangement agreed to by the card issuer, or
* The consumer doesn’t make the required minimum payment on the card within 60 days.

No Retroactive Fee Increases After the First Year

If the card issuer raises the APR rate after a year, the new rate can only apply to new transactions.
Advance Notice of Rate Hikes or Term Changes

As of August 20, 2009, if the card issuer changes the interest rate (in accordance with the new restrictions) or account terms, it must provide the consumer with notice at least 45 days in advance. Previously, the card issuer only had to provide 15 days’ notice. The consumer may cancel the card before the changes take effect and repay the remaining balance under the old terms and interest rate.
More Time to Pay Bills

As of August 20, 2009, card issuers must mail or deliver statements at least 21 days before payment is due. This longer grace period provides consumers with more time to make payments — and a better chance to avoid additional fees and other penalties for late payment. This provision also applies to home equity lines of credit.

In addition, credit card payments must be due on the same date each month. Deadlines that fall on a weekend or holiday are due the next business day. Card issuers can no longer set early morning deadlines for the payment day –- instead they are required to post any payment received by 5 p.m. on the due date.
Restrictions on Certain Billing Practices and Fees

The Credit CARD Act limits or bans several billing practices and fees commonly used by the credit card companies.
Rules on Applying Payments to Multiple Interest Rate Cards

Some consumers have different interest rates for different balances — a low rate for a transferred balance and a higher rate on new purchases, for example. If a consumer makes a payment that is larger than the minimum amount due, the new law requires the card issuer to apply the excess portion to the balance that carries a higher interest rate.
No “Double-Cycle” Billing

Double-cycle billing (also called two-cycle billing) happens when a credit card company calculates interest charges on the current balance by factoring in the average daily balance from the previous billing cycle — even if a portion of that previous balance was paid. The new credit card law bans this practice. Card issuers may only apply interest charges to outstanding balances and not to previous balances already paid.
Limits on “Over the Credit Limit” Fees

Effective February 22, 2010, credit card companies cannot charge fees for purchases that put the account over its credit limit, unless the consumer agrees to allow the company to process over-the-limit transactions. If a consumer does not opt in, transactions that put the account over the limit would be rejected, and the consumer would avoid fees.
Better Disclosure of Terms

Effective February 22, 2010, card issuers must provide clearer disclosures of account terms and costs. The idea is to arm consumers with information so that they can make better choices as to what cards work for them and avoid costly fees and interest charges.
Disclosures on Monthly Statements

The new law requires monthly credit card statements to:

* include a box showing cardholders how much interest and fees they have paid in the current year
* show the due date for the next payment (and the fee for late payment)
* display how long it will take to pay off the existing balance (and the total cost of interest) if the consumer makes only the minimum payment due, and
* show the monthly payment required (and the total cost of interest) if the consumer were to pay off the balance within 36 months.

Internet Access to Credit Card Contracts

Credit card issuers must post their standard credit card agreement on the Internet. This will make it easier for consumers to compare and understand credit card account terms.
Protections for Young Cardholders

The new credit card law includes provisions that are meant to protect young people from racking up credit card debt.
Restrictions on Cards for Minors

Credit card companies cannot issue a credit card to anyone under the age of 21 unless: (1) the applicant has a co-signer, or (2) the young person provides proof of sufficient income to repay the credit card debt.
Marketing Restrictions

Card issuers cannot send pre-screened cards to consumers under the age of 21, unless the consumer agrees to receive the offers. Credit card companies must also stay a certain distance away from college campuses if they are offering free food or gifts to potential customers.
Beware of New Creative Credit Card Fees

The credit card industry has responded to the Credit CARD Act by coming up with ways to increase fees using tactics that aren’t covered under the new law. According to a report by the Center for Responsible Lending, some credit card companies have:

* imposed a “floor” on variable rate cards, so that increases have no limit, but decreases cannot go below a certain number
* imposed minimum finance charges (which can be higher than the actual calculated interest)
* charged inactivity fees to cardholders that don’t use their card regularly
* increased foreign transaction fees, and
* increased fees for balance transfers and cash advances.

As always, be sure to read the fine print of all new credit card offers and any change of term notices your credit card issuer sends you.

For more information on finances, debt, and how to regain financial health, you may want to get Nolo’s book Solve Your Money Troubles: Debt, Credit & Bankruptcy, by Robin Leonard and attorney Margaret Reiter.
by: Kathleen Michon , Attorney

Credit card default rates still rising to record levels

Last year in April, I wrote an article poking fun at the irony of Berkshire Hathaway, Warren Buffet’s company, losing its high credit rating. (“Warren Buffet’s credit rating reduced”). Fast forward almost one year from that date, and here I am, writing about the real possibility that the United States of America, the country whose government-issued securities are as good as cold cash, is facing the same situation.

In today’s The New York Times, Moody’s Investors Service, a popular credit rating agency, delivered the bad news. Ironically, Moody’s is one of the widely used credit agencies still under fire for erroneously rating many of those toxic assets that wreaked so much havoc on global economies.

Why is the country’s rating in jeopardy? This looming demotion is no different than a credit downgrade for a consumer whose debt-to-income ratio has gone through the roof. (Of course if he still has a roof). According to The New York Times, the soaring amount of U.S. debt is staggering:

“The administration of President Barack Obama estimates that the U.S. deficit will rise to 10.6 percent of gross domestic product in the current fiscal year, the highest since 1946, and federal debt will reach 64 percent of G.D.P. Government expenditures are expected to rise to a postwar high of 25.4 percent of G.D.P.”

However, there is hope. Mr. Cailleteau, managing director of sovereign risk at Moody’s, says:

“For now, the U.S. debt remains affordable, Moody’s said, as the ratio of interest payments to revenue fell to 8.7 percent in the current year, after peaking at 10 percent two years ago. If that trend were to reverse, the Moody’s analysts said, “there would at some point be downward pressure on the Aaa rating of the federal government.”

If the credit rating of the U.S. were downgraded, the country’s default risk would increase. In other words, that would mean higher interest rates that the government would have to pay to borrow. Who would be paying for that increased risk, at least in part? You and I.

In short, the downgrade is highly unlikely. Just because we are “substantially closer” does not mean we are close. But, it is always nice to know that consumers are not the only ones suffering with credit problems. That feeling of empathy would be short-lived, I suppose, because we as tax payers would get the short end of the stick.

Last year in April, I wrote an article poking fun at the irony of Berkshire Hathaway, Warren Buffet’s company, losing its high credit rating. (“Warren Buffet’s credit rating reduced”). Fast forward almost one year from that date, and here I am, writing about the real possibility that the United States of America, the country whose government-issued securities are as good as cold cash, is facing the same situation.

In today’s The New York Times, Moody’s Investors Service, a popular credit rating agency, delivered the bad news. Ironically, Moody’s is one of the widely used credit agencies still under fire for erroneously rating many of those toxic assets that wreaked so much havoc on global economies.

Why is the country’s rating in jeopardy? This looming demotion is no different than a credit downgrade for a consumer whose debt-to-income ratio has gone through the roof. (Of course if he still has a roof). According to The New York Times, the soaring amount of U.S. debt is staggering:

“The administration of President Barack Obama estimates that the U.S. deficit will rise to 10.6 percent of gross domestic product in the current fiscal year, the highest since 1946, and federal debt will reach 64 percent of G.D.P. Government expenditures are expected to rise to a postwar high of 25.4 percent of G.D.P.”

However, there is hope. Mr. Cailleteau, managing director of sovereign risk at Moody’s, says:

“For now, the U.S. debt remains affordable, Moody’s said, as the ratio of interest payments to revenue fell to 8.7 percent in the current year, after peaking at 10 percent two years ago. If that trend were to reverse, the Moody’s analysts said, “there would at some point be downward pressure on the Aaa rating of the federal government.”

If the credit rating of the U.S. were downgraded, the country’s default risk would increase. In other words, that would mean higher interest rates that the government would have to pay to borrow. Who would be paying for that increased risk, at least in part? You and I.

In short, the downgrade is highly unlikely. Just because we are “substantially closer” does not mean we are close. But, it is always nice to know that consumers are not the only ones suffering with credit problems. That feeling of empathy would be short-lived, I suppose, because we as tax payers would get the short end of the stick.

Today, the Federal Reserve proposed a rule amending Regulation Z (Truth in Lending) to protect credit card users from unreasonable late payment and other penalty fees, as well as requiring credit card issuers to reconsider increases in interest rates. This rule will go into effect on August 22, 2010.

“This proposal addresses two key costs of using a credit card–fees and interest rates,” said Federal Reserve Governor Elizabeth A. Duke. “The rule would prevent credit card issuers from charging large penalty fees for small missteps by consumers and would require issuers to reevaluate rate increases imposed since the beginning of last year.”

The proposed rule would:

* Ban inactivity fees. Some issuers have recently instituted an inactivity fee if there are no transactions on your credit card for a certain period of time.

* Force issuers to evaluate rate increases. At least every six months, credit card issuers must reevaluate annual percentage rates increased on or after January 1, 2009. and, if appropriate based on their review, reduce the annual percentage rate applicable to the account. This includes changes in the consumer’s creditworthiness, and to increases in the rate due to changes in market conditions or the issuer’s cost of funds. However, the statute also expressly provides that no specific amount of reduction in the rate is required.

* Stop credit card issuers from charging penalty fees that exceed the dollar amount associated with the consumer’s violation of the account terms. Card issuers would no longer be able to charge a $39 late fee for a $20 minimum payment. The fee could not exceed $20.

* Require credit card issuers to provide reasons for increases in rates.

* Prevent issuers from charging multiple penalty fees based on a single late payment or other violation of account terms.

Continue reading “Significant credit card changes proposed by the Federal Reserve” »

Posted by Kevin D. Johnson at 12:00 PM in Current Affairs, F

As more Americans suffer job losses and the inability to meet financial obligations, states are considering legislation that will prohibit employers from using credit checks to deny employment. According to a recent report by the Associated Press, proponents of the idea argue that current restrictions make it increasingly difficult for qualified people to secure work. This year, 16 states from South Carolina to Oregon, have drafted legislation.

I support the move by many states to prohibit credit checks, especially during these difficult economic times. With unemployment rates at record highs, the job market should be fair for everyone who is qualified to perform a job. And, it is no secret: Honest Americans find themselves in financial hardship not because of their own doing in many cases, but in part because of the credit card industry, which by lowering credit limits, has damaged millions of credit reports. Denying people jobs because of poor credit is tantamount to kicking them while they are down.

Finally, the epidemic of bad credit is growing everyday as people make hard choices: Do I pay my credit card bills or feed my family? Do I restructure my mortgage and risk being denied the very job I need? While the idea of what responsible means today has been redefined, the FICO score and credit rating standards have not. (Read Fair Isaac Corporation (FICO) increasingly irrelevant.) Legislation to prohibit credit checks for employment is not only the right thing to do, but also a necessary action to curb soaring unemployment.

What related stories do you have? Have you been denied a job after a credit check?

Continue reading “Banning credit checks on job applicants the right thing to do” »