NEW CREDIT CARD LEGISLATION -- (POSTED 6-15-09)

by Rick Shaffer 15. June 2009 12:16

As we've noted numerous times previously on "The Money Show", we are, to say the least, skeptical of the credit card industry in general and the recently passed new credit card legislation in particular, since this legislation does not go far enough in protecting consumers from credit card companies, and has a number of very large loopholes in it that the credit card industry can use to recoup much of the lowered and lost fees and other profits this legislation will cause them.  (We should note, however, that we are pleased, at leat, that the new legislation will halt the extremely unfair practice of universal defaults.)

In any event, despite our misgivings, the new legislation does offer some protections to consumers.  So, below, is a recent article from "MSN MONEY" that gives a good overview of this new legislation and what it provides.


FROM "MSN MONEY" (online) - "What the new credit card law means for you" - 5-22-09; (By CreditCards.com)


"The new credit card law will bring sweeping changes to the credit card industry and make cards easier to understand for consumers.

Now that President Barack Obama has signed a federal law to protect millions of consumers who rely on credit cards, we're in a new era of managing credit. The new law contains the most far-reaching changes to the credit card industry in decades.
What will the credit card law mean for cardholders?

The new normal

Credit cards will be more transparent and easier to understand for everyday Americans. [However c]redit cards will become more costly for all users, say issuers and industry analysts, and inaccessible for low-income families. Look for the return of routine annual fees, fewer rewards cards and the possibility that bills will be payable immediately rather than after a month long grace period.

Millions of credit card users will avoid retroactive interest rate increases on existing card balances and have more time to pay their monthly bills, greater advance notice of changes in credit card terms and fewer penalty fees, late charges and interest payments. The law also fundamentally changes the way credit card issuers market, bill and advertise credit cards.
Here are the highlights of the law:

Limited interest rate hikes:
Interest rate hikes on existing balances will be allowed only under limited conditions, such as when a promotional rate ends, there is a variable rate or if the cardholder makes a late payment. Interest rates on new transactions can increase only after the first year. Significant changes in terms on accounts cannot occur without 45 days' advance notice of the change.

Universal default, the practice of raising interest rates on customers based on their payment records with other unrelated credit issuers (such as utility companies and other creditors), will end.

More time to pay monthly bills:
Credit card issuers will have to give card account holders "a reasonable amount of time" to make payments on monthly bills. That means payments will be due at least 21 days after they are mailed or delivered. Consumers have complained about due dates that change without notice or are moved up, giving them less time to pay their bills and increasing the likelihood of late fees.

Credit card issuers will no longer be able to set early morning or other arbitrary deadlines for payments. Cutoff times set before 5 p.m. on the payment due dates will be illegal under the new law. Payments due at those times or on weekends, holidays or when the card issuer is closed for business will not be subject to late fees.

Highest interest balances paid first:
When consumers have accounts that carry different interest rates for different types of purchases (i.e., cash advances, regular purchases, balance transfers or ATM withdrawals), payments in excess of the minimum amount due must go to balances with higher interest rates first.
Current industry practice is to apply all amounts over the minimum monthly payments to the lowest-interest balances first -- thus extending the time it takes to pay off higher-interest rate balances.

Limits on over-limit fees:
Consumers must "opt in" to over-limit fees. Those who opt out will have their transactions rejected if they exceed their credit limits, thus avoiding over-limit fees. Fees charged for going over the limit must be reasonable...

 

There are a few situations where a credit card can be your best friend.
No more double-cycle billing and lower subprime fees:
Finance charges on outstanding credit card balances will be computed based on purchases made in the current cycle rather than going back to the previous billing cycle to calculate interest charges. So-called two-cycle or double-cycle billing hurts consumers who pay off their balances, because they are hit with finance charges from the previous cycle even though they have paid the bill in full.

People who get subprime credit cards and are charged account-opening fees that eat up their available balances will get some relief under the new law. These upfront fees cannot exceed 25% of the available credit limit in the first year of the card.

Minimum payments:
Credit card issuers must disclose to cardholders the consequences of making only minimum payments each month, namely how long it will take to pay off the entire balance if users only make the minimum monthly payment. Issuers must also provide information on how much users must pay each month if they want to pay off their balances within 12, 24 or 36 months, including the amount of interest."

[http://articles.moneycentral.msn.com/Banking/CreditCardSmarts/What-the-new-credit-card-law-means-for-you.aspx]

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Rick Shaffer brings “The Money Show” to 96.9 WTKK, Boston's Talk Evolution each Saturday Afternoon from 1PM - 4PM. Then on Sunday from 9AM – NOON, Rick Shaffer and Susan Kaplan reprise the Money Show where they discuss everything from finance and investment to real estate and law.

Shaffer, an attorney with the law firm of Andrews & Updegraph and a graduate of both Boston College and Northeastern University School of Law, has hosted “The Money Show” since 1991. He has also been a regular guest and contributing financial expert on various programs on New England Cable News, WLVI-TV and other local television stations, and has been a financial, real estate and business writer for the Middlesex News, the Boston Herald, the Boston Globe and S&P Personal Wealth.

Susan Kaplan is a Certified Financial Planner and is the president of Kaplan Financial Services in Wellesley. For the past four years, Worth Magazine has named Kaplan one of the top 200 financial planners in the country and she has been featured in Louis Rukeyser’s Wall Street and Mutual Fund publications.

In 2006, Barron’s named Susan as one of the top 100 Women Financial Advisors in the country. Susan has also been named by Boston Magazine as one of the top 10 financial advisors in Boston (March 2006) and inducted into the 2003 Advisor Hall of Fame by Research Magazine. Susan has been chosen by Worth Magazine as one of the top 100 financial planners in the country for six years. She has been chosen by Medical Economics in the past five consecutive years as one of the best 100 financial advisors for doctors.

Susan has been featured in Louis Rukeyser’s Wall Street and Mutual Fund publications as well as numerous other financial journals. She has appeared on Bloomberg News, CNBC, WGBH, and Channels 4, 5, and 7. She has been asked to speak on investments at several major national meetings and has also been chosen to do Money Makeovers for the Boston Globe. She was a presenter at the CNBC / Fidelity Money Show for two years in a row. She co-hosts the radio show, The Money Show, on WTKK – 96.9 FM every Sunday morning.

 

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