Regulators Adopt New Credit Card Rules

Published:

Federal regulators on Thursday adopted sweeping new rules for the credit card industry that will shield consumers from increases in interest rates on existing account balances among other changes.

The rules, which take effect in July 2010, will allow credit card companies to raise interest rates only on new credit cards and future purchases or advances, rather than on current balances.

They were approved Thursday morning by the Office of Thrift Supervision, a Treasury Department division. The Federal Reserve and the National Credit Union Administration were expected to act on them later in the day. The changes mark the most sweeping clampdown on the credit card industry in decades and are aimed at protecting consumers from arbitrary hikes in interest rates or inadequate time provided to pay the bills.

John Reich, the thrift agency's director, said the rules "will enhance public confidence in financial institutions and establish a level playing field for institutions that want to do business fairly without suffering competitive disadvantages."

Most of the rules were first proposed in May and drew more than 65,000 public comments _ the highest number ever received by the Fed. They also restrict such lender practices as allocating all payments to balances with lower interest rates when a borrower has balances with different rates.

But the changes also could make it more difficult for millions of people with bad credit to get what is known as a subprime card carrying higher interest rates, some experts say.

In addition, consumers will have to be given 45 days notice before any changes are made to the terms of an account, including slapping on a higher penalty rate for missing payments or paying bills late. Under current rules, companies in most cases give 15 days notice before making certain changes to the terms of an account.

The changes could cost the banking industry more than $10 billion a year in interest payments, according to a study by the law firm Morrison & Foerster.

Roughly 16,000 companies in the U.S. issue credit cards. The biggest lenders include Discover Financial Services LLC, Bank of America Corp., Citigroup Inc., JPMorgan Chase & Co., Capital One Financial Corp., American Express Co. and HSBC Holdings.

The head of the American Bankers Association called the changes "strong new regulations ... (that are) unprecedented in their scope and signal the beginning of a new market structure for credit cards."

"While the new rules are designed to increase protections for consumers, the Fed itself has recognized that they may result in increased costs for most card users and reduced credit availability, particularly for consumers with lower credit scores or limited credit history," ABA President and Chief Executive Edward Yingling said in a statement. "With the uncertainty facing our financial system, it's absolutely vital for policymakers to understand the full impact of these regulations on consumers and the economy before judging their success or further restricting the marketplace."

The new rules prohibit:

_Placing unfair time constraints on payments. A payment could not be deemed late unless the borrower is given a reasonable period of time, such as 21 days, to pay.

Placing too-high fees for exceeding the credit limit solely because of a hold placed on the account.

_Unfairly computing balances in a computing tactic known as double-cycle billing.

_Unfairly adding security deposits and fees for issuing credit or making it available.

_Making deceptive offers of credit.

Travis Plunkett, legislative director of the Consumer Federation of America, said customer frustrations run deep, as reflected in the comment letters submitted to the Fed.

Many of them "were spontaneous from consumers who feel they've been treated unfairly by their credit card companies and are literally begging the Fed for help," he said.

Many people acknowledged paying late, often mistakenly, and felt it was unreasonable for their card issuer to increase the interest rate on the balance, Plunkett said. Another common theme came from people who pay on time but are hit with a rate increase because the company needed to recoup losses from other cardholders, he added. 

Under the new rules, credit card lenders will be required to apply any payment above the minimum to the part of the balance with the highest interest rate.

The so-called subprime cards for people with low credit scores typically have no more than a $500 credit limit but require a large upfront fee.

The rules cap that fee at 50 percent of the credit limit and allow the cardholder to pay off the initial balance over a year, not immediately.

The Consumer Federation estimates that credit card debt held by U.S. consumers is about $850 billion, some four times what it was in 1990.

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Associated Press writer Carson Walker in Sioux Falls, S.D., contributed to this report.

Entry #165

Comments

Avatar JAP69 -
#1
Credit card companies literally rape the users of their cards.
I never believed in much credit card use.
If you can not save for it you can not afford the payments.
Credit is why this country is in such a mess now.
Avatar JAP69 -
#2
"which take effect in July 2010"
The rules should have went into effect within 30 days from approval.
Gave the card companies enough time to pork the consumers.
Avatar LottoVantage -
#3
Credit cards are great for convenience such as, refueling your vehicle, ordering items online, etc. I don't believe in carrying a balance & paying interest, I pay my cards off monthly.
Avatar Tenaj -
#4
Yes, the credit card industry has been out of control for years. It's amazing what they get away with.

WTG Treasury department.
Avatar justxploring -
#5
As a consumer advocate, I definitely agree that banks need to be fair and stop taking advantege of needy people , but I am also a consumer who has used credit cards for over 35 years. When I made about $3.50 an hour, I still paid my bills on time or I didn't charge anything.   

Avatar justxploring -
#6
Oops - typos - meant "advantage"
Also, sorry folks. I was the first to comment but then I got called away before I posted. When I finally came back to LP to add the comment nearly an hour later, all the other comments were there so I hadn't read them yet. :-(   

I realize when times are tough, people might need credit just to survive. Been there/done that. But most of the time people have crappy credit is because they don't pay their bills.   I've witnessed this several times. I worked with a woman who went shopping at Stein Mart after her water was shut off (she had 2 young children) and another woman who bought a brand new $30,000 SUV who had past due electric bills, etc.   So please don't blame the lenders because consumers are greedy and can't control their spending. It hurts all of us.
Avatar Ms. Pat -
#7
It's about d----mn time. Shuda been yesterday though......They should have made the rules retroactive.....

Avatar Rick G -
#8
I agree with Ms. Pat. The law should go into effect when it's signed into law. To let them to continue operating this way for 18 months longer makes this law meaningless for 18 months. If you've ever got caught in the "spiral" you know what I mean. The reasons why you owe credit card debt is not the point here. It is the excessive interest rates and late charges they tack on when you become late on your payments. It should be illegal to boost someone's interest rate up to 29%. And $50 late payment fees are outrageous. These things should be illegal today not in 2010.

Avatar justxploring -
#9
Rick, look at the article again. If banks are subject to much stricter regulations, then people with questionable credit will have an even harder time getting a loan. Using a credit card is the same as borrowing money. So is an overdraft, but people don't look at those things as loans. Bottom line - if it's not your money, it's a loan. I agree that jumping someone's interest rate from 8.9% to 21% is unethical but, unless someone owes an awful lot of money, minimum payments are small, usually around 2% of the outstanding balance. So if you owe $1,000 your minimum payment is probably about $20. It takes less than 30 seconds to pay a credit card online or by phone. If people are forgetful, then they can set up each card on auto-pay which will deduct that $20 from your checking account on the due date. Then you will never be late if you get busy, sick or just forget. I am often misunderstood because I sound snobby or selfish, but I'm not because I'm also a consumer who needs protection. I see people run to the store to buy cigarettes, beer and lottery tickets and then fall short on the first when it's rent day. These same people have had access to credit cards, home mortgages and car loans over the years because of deregulation and more flexible guidelines. When lower income people and people with bad credit were being declined, they cried discrimination. You can't have it both ways.   

Avatar Tenaj -
#10
I'd like to see a new rule that prohibit credit card companies from marketing and setting up camp on college campuses. I see more and more kids in enormous credit card debt on top of their college loans when they graduate.

It's not fair to prey on them like that.

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