Consumer Alert
THE CREDIT CARD ACCOUNTABILITY, RESPONSIBILITY AND DISCLOSURE ACT OF 2009
On February 22, 2010, significant provisions of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (the “CARD” Act) went into effect. The CARD Act, which was passed in May of 2009, promises to bring broad sweeping reform to the credit card industry's notoriously consumer-unfriendly practices. The new rules for credit card companies will provide consumers with many new protections. These new required practices are going into effect in waves – the first set went into effect in the summer of 2009, most sections are effective February 22, 2010 and the last set will go into effect during the summer of 2010.
If you have credit card accounts and/or plan to open credit card accounts, the best way to protect yourself is to know your rights under this newly enacted legislation. Here is a list of the key protections that are afforded to consumers under the CARD Act and the applicable regulations promulgated by the Federal Reserve Board. The summary of the new rules are taken directly from the official website of the Federal Reserve: www.federalreserve.gov/consumerinfo/wyntk_creditcardrules.htm
WHAT YOUR CREDIT CARD COMPANY HAS TO TELL YOU: When they plan to increase your rate or other fees. Your credit card company must send you a notice 45 days before they can
- increase your interest rate;
- change certain fees (such as annual fees, cash advance fees, and late fees) that apply to your account; or
- make other significant changes to the terms of your card.
If your credit card company is going to make changes to the terms of your card, it must give you the option to cancel the card before certain fee increases take effect. If you take that option, however, your credit card company may close your account and increase your monthly payment, subject to certain limitations. For example, they can require you to pay the balance off in five years, or they can double the percentage of your balance used to calculate your minimum payment (which will result in faster repayment than under the terms of your account).
The company does not have to send you a 45-day advance notice if
- you have a variable interest rate tied to an index; if the index goes up, the company does not have to provide notice before your rate goes up;
- your introductory rate expires and reverts to the previously disclosed "go-to" rate;
- your rate increases because you are in a workout agreement and you haven't made your payments as agreed.
How long it will take to pay off your balance. Your monthly credit card bill will include information on how long it will take you to pay off your balance if you only make minimum payments. It will also tell you how much you would need to pay each month in order to pay off your balance in three years. For example, suppose you owe $3,000 and your interest rate is 14.4%–your bill might look like this:
New balance
|
$3,000.00
|
Minimum payment due
|
$90.00 |
| Payment due date |
4/20/12
|
Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a $35 late fee and your APRs may be increased up to the Penalty APR of 28.99%.
Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example:
| If you make no additional charges using this card and each month you pay. . . |
You will pay off the balance shown on this statement in about. . . |
And you will end up paying an estimated total of. . . |
| Only the minimum payment |
11 years |
$4,745 |
| $103 |
3 years |
$3,712 (Savings = $1,033) |
NEW RULES REGARDING RATES, FEES, AND LIMITS No interest rate increases for the first year. Your credit card company cannot increase your rate for the first 12 months after you open an account. There are some exceptions:
- If your card has a variable interest rate tied to an index; your rate can go up whenever the index goes up.
- If there is an introductory rate, it must be in place for at least 6 months; after that your rate can revert to the "go-to" rate the company disclosed when you got the card.
- If you are more than 60 days late in paying your bill, your rate can go up.
- If you are in a workout agreement and you don't make your payments as agreed, your rate can go up.
Increased rates apply only to new charges. If your credit card company does raise your interest rate after the first year, the new rate will apply only to new charges you make. If you have a balance, your old interest rate will apply to that balance.
Restrictions on over-the-limit transactions. You must tell your credit card company that you want it to allow transactions that will take you over your credit limit. Otherwise, if a transaction would take you over your limit, it may be turned down. If you do not opt-in to over-the-limit transactions and your credit card company allows one to go through, it cannot charge you an over-the-limit fee.
- If you opt-in to allowing transactions that take you over your credit limit, your credit card company can impose only one fee per billing cycle. You can revoke your opt-in at any time.
Caps on high-fee cards. If your credit card company requires you to pay fees (such as an annual fee or application fee), those fees cannot total more than 25% of the initial credit limit. For example, if your initial credit limit is $500, the fees for the first year cannot be more than $125. This limit does not apply to penalty fees, such as penalties for late payments.
Protections for underage consumers. If you are under 21, you will need to show that you are able to make payments, or you will need a cosigner, in order to open a credit card account.
- If you are under age 21 and have a card with a cosigner and want an increase in the credit limit, your cosigner must agree in writing to the increase.
CHANGES TO BILLING AND PAYMENTS Standard payment dates and times. Your credit card company must mail or deliver your credit card bill at least 21 days before your payment is due. In addition
- Your due date should be the same date each month (for example, your payment is always due on the 15th or always due on the last day of the month).
- The payment cut-off time cannot be earlier than 5 p.m. on the due date.
- If your payment due date is on a weekend or holiday (when the company does not process payments), you will have until the following business day to pay. (For example, if the due date is Sunday the 15th, your payment will be on time if it is received by Monday the 16th before 5 p.m.).
Payments directed to highest interest balances first. If you make more than the minimum payment on your credit card bill, your credit card company must apply the excess amount to the balance with the highest interest rate. There is an exception:
- If you made a purchase under a deferred interest plan (for example, "no interest if paid in full by March, 2012″), the credit card company may let you choose to apply extra amounts to the deferred interest balance before other balances. Otherwise, for two billing cycles prior to the end of the deferred interest period, the credit card company must apply your entire payment to the deferred interest-rate balance first.
No two-cycle (double-cycle) billing. Credit card companies can only impose interest charges on balances in the current billing cycle.
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RELEVENT NEWS ARTICLE USA Today - What you need to know about the new credit card reforms
***** This legislation represents a milestone in consumer rights. In the recent economic downturn, credit card issuers have been strapped for cash and have found ways to increase the cost of borrowing. They have identified credit card accounts which generate low revenue and have changed the terms of the credit card agreement to be more favorable to the credit card issuer. Credit card issuers changed the terms of credit card agreements by raising interest rates, imposing new and higher fees and increasing the minimum payments to a higher percentage of the balance of the loan. Because these issuers typically buried "change in terms" provisions in credit card holder agreements, consumers had little recourse to challenge these abusive practices. And the only way consumers were able to avoid these unilateral "change in terms" were to pay off the balance of their credit cards in full before the new terms were due to go into effect or to transfer their balance to new credit card accounts at a higher annual percentage rate. Of course, all of these options are problematic for consumers who are struggling in an economic downturn.
This legislation will certainly curb these abusive tactics. However, as with any new legislation, there are be loopholes and unintended consequences. Credit card issuers will look for new ways to generate fees and income and to get around these rules. That is why Abbey Spanier urges you to study your credit card bills and your agreements and to make sure they comply with this new legislation. If you have any questions or concerns about the CARD Act or your credit card bills, our consumer fraud attorneys are here to assist you. Please tell us your story.
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