In this edition I wanted to highlight the key elements of the Credit
Card Accountability, Responsibility, and Disclosure (CARD) Act of
2009 that passed and became law on May 22, 2009. This law will become
effective February 2010. I am excited that the government has finally
stepped in and finally challenged these practices that have become
the norm. The norm that has caused so many Americans to overextend
themselves. Below are some highlights.
- Bans Unfair Rate Increases: Financial institutions will no longer
raise rates unfairly, and consumers will have confidence that the
interest rates on their existing balances will not be hiked.
- Bans Retroactive Rate Increases: Bans rate increases on existing
balances due to "any time, any reason" or "universal
default" and severely restricts retroactive rate increases due
to l ate payment.
- First Year Protection: Contract terms must be clearly spelled out
and stable for the entirety of the first year. Firms may continue
to offer promotional rates with new accounts or during the life of
an account, but these rates must be clearly disclosed and last at
least 6 months.
- Bans Unfair Fee Traps:
- Ends Late Fee Traps: Institutions will have to give card holders
a reasonable time to pay the monthly bill - at least 21 calendar days
from time of mailing. The act also ends late fee t raps such as weekend
deadlines, due dates that change each month, and deadlines that fall
in the middle of the day.
- Enforces Fair Interest Calculation: Credit card companies will be
required to apply excess payments to the highest interest balance
first, as consumers expect them to do. The act also ends the confusing
and unfair practice by which issuers use the balance in a previous
month to calculate interest charges on the current month, so called
"double-cycle" billing.
- Requires Opt-In to Over-Limit Fees: Consumers will find it easier
to avoid over-limit fees because institutions will have to obtain
a consumer's permission to process transactions that would place the
account over the limit.
- Restrains Unfair Sub-Prime Fees: Fees on sub-prime, low-limit credit
cards will be substantially restricted.
- Limits Fees on Gift and Stored Value Cards: The act enhances disclosure
on fees for gift and stored value cards and restricts inactivity fees
unless the card has been inactive for at least 12 months.
- Plain Sight /Plain Language Disclosures: Credit card contract terms
will be disclosed in language that consumers can see and understand
so they can avoid unnecessary costs and manage their finances.
- Plain Language in Plain Sight: Creditors will give consumers clear
disclosures of account terms before consumers open an account, and
clear statements of the activity on consumers' accounts afterwards.
- Real Information about the Financial Consequences of Decisions:
Issuers will be required to show the consequences to consumers of
their credit decisions.
Issuers will need to display on periodic statements how long it
would take to pay off the existing balance - and the total interest
cost - if the consumer paid only the minimum due.
Issuers will also have to display the payment amount and total interest
cost to pay off the existing balance in 36 months.
To see the entire bill please Click Here
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