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    Fed OKs credit card crackdown

    December 18, 2008
    Cash-strapped consumers got some welcome news on Thursday when regulators voted to rein in controversial credit card practices. But they'll have to wait another year and a half to get relief - the new rules won't take effect until July 1, 2010.

    The Federal Reserve Board, the Office of Thrift Supervision and the National Credit Union Administration approved the regulation, which prohibits banks from certain practices like applying interest payments in ways that maximize penalties, and forces lenders to be more transparent about their billing practices.

    "These protections will allow consumers to access credit on terms that are fair and more easily understood," Federal Reserve Chairman Ben Bernanke said in a statement.

    The regulations mark an end to double-cycle billing, which averages out the balance from two previous bills. That means that consumers who carry a balance will no longer get hit with retroactive interest on their previous month's bill. And credit card companies will no longer be able to raise the interest rates on pre-existing credit card balances unless a payment is over 30 days late.

    Consumers will also be given a reasonable amount of time to make payments, and payments will be applied to higher-rate balances first, to reduce interest penalties and fees.

    Credit card statements will clearly list the time of day that a payment is due, and any changes to accounts will be in bold or listed separately.

    And, finally, no more universal defaults - a policy that allowed credit card issuers to increase the interest rate on one card if a customer missed a payment on another card.
    Trouble keeping up

    In the midst of a credit crunch, Americans have about $976.3 billion in revolving credit and 4.9% of all credit cards were delinquent in the third quarter, according to the latest data from the Federal Reserve.

    "The U.S. is experiencing the worst economic conditions in decades. Unprecedented debt loads are crushing many families," said Linda Sherry, a director of nonprofit advocacy group Consumer Action, in a statement. "Consumer Action is pleased that the Fed has taken this step to provide substantive protections to cardholders," said Sherry.

    Travis Plunkett, the legislative director for the Consumer Federation of America, a lobbyist and advocacy group, said new rules are "essential" at a time when "so many Americans are falling behind on their loans."

    Representatives from the banking industry argue that while many of the changes are consumer friendly, there might be a downside to increased regulation that should not go unnoted.

    "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," said Edward Yingling, president and CEO of the American Bankers Association said a statement.

    Not only could card companies have to impose higher interest rates across the board to offset losses, but low introductory offers and zero-percent balance transfers are likely to be scaled back as well, explained Peter Garuccio, a spokesman for the American Bankers Association.

    In addition, "an overhaul of the market for credit cards - of this magnitude - will require time for full implementation," Yingling said.

    But some consumer advocates argue that these reforms don't go far enough, fast enough.

    "The Board has given banks another year and a half to continue indiscriminate interest rate increases on consumers with historically high credit card balances. When they can least afford it, cardholders will be vulnerable to the piling on of unconscionably high finance charges. This may be the straw that breaks the camel's back," Sherry said.

    Plunkett said he hopes Congress will pass more sweeping credit card reforms next year that address a number of other "abusive practices" including "reckless lending to young people and high fees."

    Sen. Christopher Dodd and Rep. Carolyn Maloney have both proposed credit card legislation that would impose even more constraints on issuers.
    My comments are solely based on my opinion. The information and links that I have
    posted are provided solely for informational purposes, and do not constitute legal advice

    #2
    Good move but the new rules should have started by the middle of next year.
    My comments are solely based on my opinion. The information and links that I have
    posted are provided solely for informational purposes, and do not constitute legal advice

    Comment


      #3
      I agree, they should have started next year. Now the CC companies can ream people for another 18 months and there's little the consumer can do about it...

      I guess it pays to be a lobbyist, they certainly got their moneys worth on that little nugget.

      Comment


        #4
        Originally posted by Genenco View Post
        I agree, they should have started next year. Now the CC companies can ream people for another 18 months and there's little the consumer can do about it...

        I guess it pays to be a lobbyist, they certainly got their moneys worth on that little nugget.
        And remember these lobbyists already received the biggest present - the 2005 bankruptcy laws.

        Comment


          #5
          Originally posted by magyar123 View Post
          And remember these lobbyists already received the biggest present - the 2005 bankruptcy laws.

          Not really. They bought and paid for the new laws and as always the lawyers benefited from it with higher legal fees.

          Lobbyists actually got ripped off. The changes were ineffective.
          The essence of freedom is the proper limitation of Government

          Comment


            #6
            Originally posted by Genenco View Post
            I agree, they should have started next year. Now the CC companies can ream people for another 18 months and there's little the consumer can do about it...

            I guess it pays to be a lobbyist, they certainly got their moneys worth on that little nugget.
            I don't believe they went far enough with these measures. It should be a fair game with credit cards. These large cc companies have all of the leverage against the smaller consumer. By all means provide credit but do it ethically. For example, rather than increasing the interest rate to 30% if someone defaults, why not automatically cancel the account and put them on a defined payment plan based on the original terms.
            My comments are solely based on my opinion. The information and links that I have
            posted are provided solely for informational purposes, and do not constitute legal advice

            Comment


              #7
              Originally posted by magyar123 View Post
              And remember these lobbyists already received the biggest present - the 2005 bankruptcy laws.
              The 2005 bankruptcy laws barked up the wrong tree. They needed to attack the cause and prevent it from happening in the first place. Like banks handing out credit cards as if it grows on trees. If they want to do so, well that is their prerogative but they should not be allowed to kick and scream to the trustee and chase debtors in courts. Just imagine we were to buy risky yet high return shares. We took the risk and enjoyed the high returns, therefore, we bare the consequences if the stock goes under and we lose everything. The credit card companies cynically laugh when the revenue is coming in but get mad when the customer goes under and wants to be bailed out themselves. These shenanigans need to stop.

              On the other hand there need to be laws to prevent people from fraudulently abusing the system with measures such as a limit on income. So if I file yet earn over the state means test, then a certain amount of every dollar should be paid to the trustee for a number of years. Any amount under the threshold would be safe.
              Last edited by shabam; 12-19-2008, 06:12 AM.
              My comments are solely based on my opinion. The information and links that I have
              posted are provided solely for informational purposes, and do not constitute legal advice

              Comment


                #8
                They should of made it effective July 1st, 2009.
                May 31st, 2007: Petition Filed by my lawyer
                July 2nd, 2007: 341 Meeting Held
                September 4th, 2007: Discharged and Closed.

                Comment


                  #9
                  Originally posted by shabam View Post
                  I don't believe they went far enough with these measures. It should be a fair game with credit cards. These large cc companies have all of the leverage against the smaller consumer. By all means provide credit but do it ethically. For example, rather than increasing the interest rate to 30% if someone defaults, why not automatically cancel the account and put them on a defined payment plan based on the original terms.
                  "Do it ethically" ??? Credit card/bank bigwigs don't have an "ethical" bone in their bodies.
                  Maybe martians or venusites do - but this on is earth.

                  Comment


                    #10
                    Too bad it came too late for me.
                    Filed CH13 November 2008
                    341 with confirmation recommendation Jan 7/09 100% payback to secured and 10% to unsecured.Plan completed and discharge 02/20/13

                    Comment


                      #11
                      One of the proposed provisions was to lengthen the grace periods - time between the statement dutoff date and the payment due date - benefiting folks who don't have home computers or just don't believe in making online payments - since the mail system is far from reliable.
                      If this proposed provision actually did go through it should have also included a mandate that the envelopes clearly indicate the postmark (sent out). If for example a statement cut off day is the 5th of any month - what is to prevent banks/creditors from mailing them out whenever they feel like - giving customers significantly less time to receive the bill and sending in payments on time to avoid the loanshark late payment fees.

                      Comment


                        #12
                        Originally posted by shabam View Post
                        I don't believe they went far enough with these measures. It should be a fair game with credit cards. These large cc companies have all of the leverage against the smaller consumer. By all means provide credit but do it ethically. For example, rather than increasing the interest rate to 30% if someone defaults, why not automatically cancel the account and put them on a defined payment plan based on the original terms.
                        I think that's probably the best idea I have heard in regards to the "Customer" being treated fairly and the cc company also getting their money returned..OK, so they lose a few $$ instead of $$$$$$$$$$$

                        But finally something is being done, but like one said "A little late"

                        Comment


                          #13
                          They irony is that much like the early mortgage lenders who refused to reduce the loan principle and interest rate, once a house is foreclosed or the person filed for chapter 7, they were the ones who ultimately lost.

                          Actually it may even be worse for cc companies. Mortgage lenders are still able to sell a house for something once they reposes it. Even if they hold on to it for a few years. Whereas in most ch 7 cases cc lenders get nothing, Zilch, Nada, Zero back. Therefore, it is in their best interest to modify existing cc agreement to allow the debtor to pay it off at a reasonable interest rate.

                          In this economic environment, any cc increasing the interest rates to 30% or adding ridiculous late fees is shooting themselves in the foot.
                          My comments are solely based on my opinion. The information and links that I have
                          posted are provided solely for informational purposes, and do not constitute legal advice

                          Comment


                            #14
                            We are considering bk and I am wondering if this will be a good thing for people who have filed. If credit card companies will be more careful of who they will be lending to and make it harder to get a credit card, will all us filers be on the black list? Between this and the new FICO scoring (not being able to piggyback, ect.), how will bk filers be able to rebuild their credit? I am so scared about this. Are we going to be screwed for the next ten years? I think it will definitly be good for people with good credit and people just starting out though.

                            Comment

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