Both Federal Reserve, Congress Seek Reform for Credit Card Company Abuse
July 2008
By Tait Trussell
New rules to bar \"unfair or deceptive credit card practices\" are in the
works.
In early May, the Federal Reserve proposed regulations which could be final
before the end of this year. In the House of Representatives, \"The Credit
Cardholders’ Bill of Rights,\" sponsored by 110 members of that body is being
pushed by its author, Rep. Carolyn Maloney (D-N.Y,).
For many seniors, it’s hard to believe that in bygone days it was practically
a sin to go into debt. Today, credit card debt is a fact of life, among seniors
as well as younger spenders. Many consumers between the ages of 65 and 69 are up
to their ears in credit card debt – $6,000 on average, according to the National
Consumer Law Center.
The Credit Cardholders’ Bill of Rights is aimed at reforming major industry
\"abuses\" and improving consumer protections. The bill:
* Protects cardholders against arbitrary interest rate increases on a
borrower’s existing unpaid balance.
* Protects cardholders from \"due date gimmicks\" such as charging late fees
when cardholders aren’t given enough time to make a payment.
* Shields cardholders from misleading terms in the contract between
cardholder and issuer.
* Protects cardholders from double-cycle billing — the practice of reaching
back to earlier billing cycles when figuring interest rate charges for the
current cycle.
* Empowers cardholders to set limits on their credit. In other words, banks
that offer credit limits would have to disclose what factors determine whether a
consumer will qualify for the lowest rate and highest credit limit. Some
low-income cardholders set a limit and ask that the issuer inform them so they
won’t spend above that limit one it has been reached.
* Protects consumers from \"fee-heavy subprime cards.\" In other words, limit
the charges that automatically reduce available credit for cards issued to
people who really can’t afford them.
Requires Congress to provide better oversight of the credit card
industry.
The new proposed Fed regulations include some of the Maloney bill’s
provisions. The Fed proposals would:
* Block banks from using earlier billing cycles when figuring the amount of
interest-rate charges in the current cycle — \"double-cycle billing.\"
* Keep a card issuer from increasing the annual interest rate on a borrower’s
existing unpaid balance.
* Prohibit banks from applying payments over the minimum in a way that
maximizes interest charges.
* Make banks give consumers the full benefit of discounted promotional rates
on credit cards by applying payments in excess of the minimum to any higher-rate
balances first, and providing a grace period for purchases where the consumer is
otherwise eligible.
* Require banks to give consumers a \"reasonable\" time to make payments.
* Make banks limit the fees that reduce the available credit, thus addressing
subprime credit cards.
Fed Chairman Ben Bernanke said: \"The proposed rules are intended to establish
a new baseline for fairness in how credit card plans operate. Consumers relying
on credit cards should be able to predict how their decisions and actions will
affect their costs.\"
On the Senate side of Congress Christopher Dodd (D-Conn.) chairman of the
Committee on Banking, Housing, and Urban Affairs, has introduced legislation not
unlike the Maloney measure, to rid the credit card industry of \"suspect\"
practices.
This being an election year, lawmakers want to please constituents,
especially since they have been accused of being too soft on the banking
industry where subprime mortgages were concerned. Many homeowners got into a
financial fix struggling to pay increased mortgage charges.
Rep. Maloney, commenting on the Fed’s proposed rules changes put out a
statement saying:
\"The Fed has clearly seen the momentum building for my legislative reforms.
I’m pleased the Fed seems to have taken a page from my bill...and proposed
curtailing abusive practices like retroactive repricing...and giving subprime
credit cards to people who can’t afford them.
\"I believe it is a much needed correction to a market that has gotten wildly
out of balance. A credit card agreement is a contract between a card company and
a cardholder. But what good is a contract when only one party has any power to
make decisions.\"
Americans have run up an estimated $850 billion in credit card balances. But,
despite the hubbub over debt, the majority of U.S. households have no credit
card debt, according to the Federal Reserve’s latest Survey of Consumer
Finances. Although 14 percent of Americans hold more than 10 credit cards, about
25 percent of us own no credit cards. Another 30 percent pay off their balances
every month.
Banking executives have complained that the Maloney bill is so restrictive it
would bring higher costs to all borrowers because companies would no longer be
able to properly judge an individual’s potential risk.
Edward Yingling, president of the American Bankers Association, said about
the Fed proposal and Congressional measures: \"Regulatory responses such as these
are effectively price controls, which have never worked in the past, and we do
not believe they will work here.\"
High costs of all kinds are forcing some seniors to resort to credit cards
and the possible ensuing debt. For some seniors, the burden of credit card debt
stems from having inadequate savings when they retire and being on a fixed
income.
Officials from Citi Cards, American Express and Discover Financial Services
have acknowledged that some reform was needed. Last year, Citi Cards, for
example, quit raising customers’ interest rates because of delinquent actions
with other creditors, a practice called \"universal default.\" It also stopped
so-called \"any time, any reason\" repricing.
Senior credit card debt has not reached the peaks of what’s owed by younger
spenders. But the potential danger for seniors is greater because they may have
only a few more years when they can work or already be in retirement.
A national survey last year by CreditCards.com about the nation’s bill-paying
priories looked into which bills they would pay first, and which they would pay
last — utility bills, their mortgage payment, an auto loan, or a credit card
bill — if they faced financial trouble.
Some 54 percent said their mortgage would come first. Utility bills ranked
second in their priorities. Only 6 percent said they would pay their credit card
bill first if they were falling behind. And 64 percent said they would postpone
paying their credit cards. A small minority clung to their credit cards even if
it meant letting their monthly mortgage payment slip. Part of the reason may
stem from the number of people whose adjustable-rate mortgage has gone up while
the value of their home plunged in the turbulent housing market.
The first plastic card was issued by American Express in 1959. Within the
first five years, some 85,000 establishments accepted credit cards. And a
million cards were being slipped out of people’s wallets and plunked down to pay
for a variety of transactions.
In 1959, the revolving balance was introduced. This meant that cardholders
had the risky option of not having to pay off the full amount of their credit
card bill at the end of each cycle. It gave cardholders greater flexibility and
card companies the opportunity for big profits through high finance charges.
While plastic cards probably won’t disappear, newfangled gadgets are
appearing, such as chips that can be implanted into cell phones and used to pay
for whatever the heart desires. --SENIOR WIRE