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The new credit card law and your wallet

Posted May 21 2009, 04:40 PM by Karen Datko
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This guest post comes from Odysseas Papadimitriou at Wallet Blog.

Both houses of Congress have now signed off on a bill to amend the Truth in Lending Act, and now it's off to President Obama's desk, where it's anticipated the legislation will be signed into law. At Wallet Blog, we have been covering the news on this bill as it has evolved. Now that it's headed to the president for approval, we'd like to provide an in-depth analysis on the bill's major features. 

They are as follows:

APR changes on your existing balances. Credit card companies won't be allowed to raise interest rates on your existing credit card balance unless you are more than 60 days behind on your payments to them. If you get an APR hike because you were 60 days late, you will be able to get back your original rate by making payments on time for six months in a row.

  • Our vote: Big fans! As long as you keep up with your payments, you will not face any surprise rate hikes. In other words, you can plan ahead.
  • Impact on your wallet: Credit cards will have higher interest rates and lower credit lines than they have now. In addition, you will see fewer 0% offers (especially on balance transfers) and all credit cards will have variable rates that will fluctuate up and down based on the prime rate. However, and most importantly, your credit card terms will not have any surprises.  

APR changes on new balances. Credit card companies will be required to give 45 days' notice before increasing the interest rates. Increases made will not affect your existing credit card balance. They will affect only the credit card balance that you accumulate 45 days after receiving the notice.

  • Our vote: Big fans! Allows you to plan ahead.
  • Impact on your wallet: No direct impact.

Restricted availability if you are under 21. Credit card companies will be prohibited from issuing cards to consumers who are under 21, unless the application is co-signed by a parent or guardian, or proof of ability to repay the debt can be supplied.

  • Our vote: This is ridiculous! An adult is an adult, even when it comes to credit cards. You are capable at 18 years of age to drive, go to war, carry a gun, vote, but you are not allowed to make the decision to get a credit card?
  • Impact on your wallet: It will take longer to build up credit, because fewer people will be able to start the process when they are 18.

Prohibits over-limit fees: Unless you express to your lender your desire to go over your credit limit, you will not be allowed to go over, and therefore you will not be assessed any over-limit fees.

  • Our vote: Big fans! It is hard to defend charging you a fee for something that they allowed you to do and that you did not ask for. Now let's also eliminate overdraft fees from debit cards.
  • Impact on your wallet: If you have fair credit or bad credit, expect big increases to the membership fees.

Fair payment allocation. You may have a balance transfer on your card at one rate, while your purchases accrue interest at a higher rate. Currently, credit card companies apply your payment to the balance with the lowest interest rate first, so that your balance with the higher interest rate keeps racking up interest. Under the legisation, payments must first be applied to the balance with the highest interest rate.

  • Our vote: Big fans! It made no sense that consumers could not pay down their most expensive debt, without first paying down all the other debt on their credit card.
  • Impact on your wallet: Credit cards will have higher interest rates and there will be fewer 0% balance-transfer credit cards, if any.

Prohibits universal default. Credit card companies will be prohibited from raising your interest rates due to late payments or defaults on other credit cards, loans or bills.

  • Our vote: Big fans! This was a highly confusing and deceptive practice. For example, I might not pay a medical bill because I am disputing it. So why should my credit card rate go up?
  • Impact on your wallet: No direct impact. Only a handful of the major issuers are using universal default, and they will now have to play by the same rules -- just like everyone else.

No more payment fees. The legislation also prevents companies from issuing a charge for paying a bill by phone or online.

  • Our vote: Big fans! It is hard to defend "increasing" the payment when you want to make a payment.
  • Impact on your wallet: No direct impact to the credit card terms. It just won't cost anything to avoid late fees.

Prohibits double-cycle billing. Credit card companies will be prohibited from calculating finance charges based on the previous month's balance.

  • Our vote: Big fans! This was a highly confusing and deceptive practice.
  • Impact on your wallet: No direct impact because almost all of the major issuers had stopped using this practice. Discover might be the only major credit card company using it, and thus Discover cardholders who alternated from paying their balance in full in one month to not paying it in full the next month might get fewer finance charges assessed.

Disclosure of repayment schedule at minimum amount. Credit card companies will now be required to disclose the length of time it will take you to repay your credit card balance, assuming you make only the minimum payment amount. They will also be required to disclose the amount of interest that will be charged over the life of repayment should the consumer make only minimum payments.

  • Our vote: Supportive. Consumers can get a better handle on the cost of their debt.
  • Impact on your wallet: No direct impact.

Extended time for making payments: You will have at least 21 days to make a payment before you are considered late.

  • Our vote: Indifferent. Most major issuers already do this.
  • Impact on your wallet: No direct impact.

Easier access to policy terms. Credit card companies will be required to maintain their policy terms online where they will be immediately available.

  • Our vote: OK. We do not believe it was a major part of the problem.
  • Impact on your wallet: No direct impact.

In short, the credit card legislation will significantly change the way credit card companies conduct business. Relative to the current landscape and once credit card companies reach full compliance under the new law, consumers will see smaller credit lines, higher interest rates, higher membership fees and fewer 0% offers. Rewards offers will likely stay the same. 

While the effects of the legislation we've outlined here may seem wholly negative, we strongly believe that the long-term effects will result in a net benefit for consumers. This landmark legislation eliminates "gotcha" rate hikes and fees and will allow consumers to plan the selection and management of personal credit lines without the worry of unforeseen surprises popping up along the road.

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Comments

 

This is an extremely informative article on wha exactly happened. Thanks!

very articulate and explained the bill point by point

I have a feeling, those who use credit cards responsibly will see a decrease in services and benefits like free membership, insurance on purchases, and cool rewards.

The credit card companys are in the business to make money. The shareholders demand it. The CC companys will find new ways to prosper.

We will need to continue to watch. Leave it to our friendly neighborhood politicians to make things worse.

Hey Karen -- where did you uncover this detailed post??  I have read a lot of articles on this topic from CNN, Washington Post, etc. and everyone has bits and pieces. It is nice to see everything in one place, with an actual expert commenting on this, instead of a reporter.

Mike C -- I think this is exaclty what the author suggests. The credit card companies will still make the same amount of money, but now they will not be able to surprise their customers in orderto get their money. You initial credit card terms will HAVE to stick, unless you start missing payments, which makes total sense.

A  retro on computer payment fees, late payment fees, overlimit fees and a roll

back on interest charges would help w/ all  those that had to depend on thoise cards

sometimes for med,doc bills and some times food. Praise! Praise!

Some of the provisions are necessary as in some cases the card companies wnt overboard, with universal default being perhaps the most egregious example.

That said, be careful of what you ask because you might get it.

Card companies will likely respond to these new restrictions by:

1.  Re-introducing annual fees on every card. (like they had in the old days)

2. Increasing the interest rates across the board to 20+% for everyone, regardless of history. (like it was in the old days)

3. Reducing limits substantially.  I predict by this time next year, fewer than one percent of credit card holders will have a limit higher than $10K on their card.

4. Eliminating the grace period for interest-free purchases altogether, with the exception of issuers like American Express and Diners Club.

5.  Hiking business transaction fees on merchants who accept their cards, forcing merchants to hike prices, or in some cases, offer cash discounts.

Card issuers will not settle for reduced earnings, period, dot.  They will derive income from card users one way or another.

I further predict the end of the debit card and the return to paper checks.  I also predict businesses will, in droves, refuse to accept credit cards because of the added cost imposed by issuers to recoup the loss of income from fees, etc soon to be outlawed.

This is not necessarily a bad thing.

Mike C is correct.

If the sky falls, and annual fees/immediate interest charges come back, I'm wondering what will happen to online retailers???  Not everyone uses Paypal, or similar, and I know I use CC for all online transactions.  If I end up canceling mine, I won't shop online.  I refuse to use a debit card online (sorry, no way those are safe - direct line to my bank acct?  nuh-uh.  And blah blah to the fact that banks refund your stolen $$....how long does that take?), and I won't deal with Paypay either, pretty much for the same reason.   I may be a "freeloader" (since I pay my bill in full, never paid a late/overdraft/interest charge), but doesn't mean I am going to play their stupid fee game now.  

I can only hope there WILL be banks out there that will court pristine customers with no fees/immediate interest cards.  I have 800+ credit score, so canceling current CC and getting a new one won't torpedo my scores to the point of being a deadbeat, or if it does, it won't be for long.   And I assume the banks won't miss the transaction fees of  $1000+ I charge each month.  

Great read! The post clearly articulates the pros and cons of the anticipated credit card legislation. I couldn't agree more with nearly everthing posted above. In general, increased transparency in the cc industry will be a postive for consumers. Through this legislation, consumers will finally be able to understand the fine print in cc terms. This will enable them to better plan their finances, monthly debt obligations, etc. Can't wait for this legislation to pass. Again, great post -- super salient points made above!!!

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