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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

About Admin

Hello My name is Oni . I was a Victim of a dirty bad housing fraud back in 2003. This women who i will not name in this blog pretended to be me for god knows how long in the city of Palmdale california. Not only did this person purchase a home in palmdale california under my credit profile' but she also took out credit cards in my name, and also took out many loans on the home she bought with my credit profile. Then she did the worst thing to my credit profile she went to a Bankrupcty court filed documents in my name , and credit profile. I only found out when trying to use a credit card i had not used in many years. I called this card holder to find out my limit so i could make a purchase for my husband Christmas gift in the year of 2003 . But to my surprise this card holder told me i had not credit limit on this card because i filed Bankrupcty last month in September of 2003. I stated to this card holder there must be some mistake i do not own a home at this time , and lived in a town house over a 100 miles away from where this crime took place. He stated to me yes we have updates on the card holders monthly , and we took away all of the credit limit from this card. Now was i very hot finding out not only did someone use my name but they purchase a home in my name , and also filed Bankrupcty on credit profiles. I then went to the net to find out if i really own a house in my name. I got myself a updated credit history report . I found out this guy was right i did own a home in Palmdale , and i filed Bankrupcty by there records this was correct . I was so upset since i was in the process of getting a home loan with my credit score at the time being 750 with 3 open good standing account, and good credit history with the credit companies. My next move was to prove who i was , and where i lived for over 10 years. A police report was filed in the city which i live in at this time in 2003. I gave the police my finger prints , and my handwriting so that i would have this on file for my court case. Someone was going to pay for what was done to me. I contacted the loan people , and told them who i was , and that i wanted them to remove this off my credit profile since i have not filled out any paper work with them on any loans . They laugh at me , and said i should have paid my payment on this home that this low down dirty women bought in my name , and credit profile. I then called the Bankrupcty court were the case took place. A nice men there ask me my ssn i gave him my number he search , and search the files but could not find any Bankrupcty filed in my name at all under the ssn i gave him . So i gave him the court information i had on my credit reports i purchased online . He said this was not my Bankrucpty at all there were 3 numbers turn around but it was a close match but the name was very different spelled among other things. He said i am going to send you out a report of the Bankrupcty that was in your name but not SSN. I contacted a law firm on this matter when i tried over , and over to work things out with the bank over this huge mix up . They lied to me after i went out , and paid for services to help them get there funds back from this house that did not belong to me at all since only my name was use , and ssn was not correct at for me to even be having this on my credit profile . I got sick , and tired of the banks after they sold this home while i was on vacation out of the states. A call was left on my home phone that they lied to the people i paid to help them get there funds back on a home i did not even own in my SSN . But was in my name which was not spelled correctly. After all this big mess with my credit profile i had to get help from a law firm who i told my story , and handed him the proof i could have never did this loan on this home i was taking finals over a 100 mile plus away, and the hand writing did not match my writing at all. We went to court i took everyone to court on this matter . I wanted my credit fix , and i was not taking anymore crap from anyone over this home loan that someone did in my name. I won my case in court , and that was easy to do since i went back to the court where the Bankrupcty had been done in the first place. The judge who did the Bankrupcty rememeber the case, and the women that came the day of the Bankrupcty hearing . Guess what i was not the women that came to court at all. The judge said any fool can see the hand writing does not match the police hand writing file , and the finger prints sure does not match this person at all that is in front of me. I am proof the judge said this women i never saw before in my life until today , and she is not the person who did this Bankrupcty on this case. The judge made them pay , and also fix all my credit back like it was before all this happen , and they had 2 weeks to do it , and the judge wanted all my credit reports in 2 weeks showing they took all this loans , and negative stuff off my reports . My reports were back to normal but i had to stay up on it every few months. The loans were sold again , and again . I got many collectors trying to collect on a court case that had been settled because they sold the loans over , and over again in my name . I wrote everyone who put things on my profile that they had a week to get it off or i would have them in court for trying to collect on loans that were not mine . I had no problems at all the stuff was taken off right away. But i still keep up with all my credit cards i do own , and monitor my credit profiles every few months . Now that is why my website is called Dirtybadcredit.com I hope my credit story can help those who have been going through fraud among other types of credit problems .

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