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The End of Credit Card Rip-offs?

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(The Consumerist)

For many years, the credit card industry has resembled a modern day Wild Wild West. Unrestrained by regulatory discipline, American credit card companies have made life confusing (to say the least) for millions – often with no serious repercussions whatsoever. This lamentable state of affairs has led to the common complaints we’re all familiar with – unexplained fees, random interest rate hikes and the overall sense that you are being jerked around by “The Man.”

However, it appears that the worst of these excesses may be a thing of the past. The Credit Card Accountability Responsibility and Disclosure Act of 2009 (set to take effect in February 2010) aims to protect consumers from unscrupulous credit card policies; but, banks and credit card companies are not going quietly into the good night. According to the New York Times, credit issuers are taking advantage of the “grace period” between now and Februrary to get their last licks in under current, more permissive laws.

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(WoodleyWonderworks)

Sudden interest rate hikes

The most obvious offense has been last-minute interest rate hikes. According to Pew Charitable Trusts’ Safe Credit Cards Project, credit card interest rates leaped 20% in the first two quarters of 2009 – despite the fall in federally-set interest rates. The Times even reports that one consumer advocate, testifying before Congress, “…cited case after case of struggling consumers who had seen their credit card rates more than double for no apparent reason, even when they had faithfully paid on time.” Critics of the industry allege that such hikes are bare-faced opportunism in response to the new legislation, which mandates that customers be notified of rate changes 45 days before they take effect.

Strict enforcement of overdraft fees

A major component of the new credit card legislation bans the long-standing practice of overdraft protection being enabled by default. Under the new rules, Forbes writes, customers will be required to “opt-in” by agreeing to pay overdraft fees if they spend more than their current balance. Customers who don’t agree will simply forego overdraft protection by not being able to swipe more than they have. While this seems only reasonable, banks actually derive a substantial portion of annual profits from such fees. Bank of America, for instance, raked in nearly $700 million in overdraft fees in just three months of 2009 alone. And according to the Washington Post, overdraft fees rose 35% from 2006-2008. In the meantime, however, banks are stepping up overdraft fee enforcement like never before. Consumers who once were able to explain the fees away with a polite call to their local branch are finding that banks are squeezing every last drop out of this precious revenue source before it is taken away.

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(Oskay)

“Due date roulette”

More banks than ever have been criticized in recent years for changing due dates without notice. In fact, according to investigative blog FaultlineUSA, some banks have even, “…deliberately designed billing systems to periodically generate payment due dates that are five to six days earlier than normal in an effort to catch automatic bill payers in a missed due date scam.” Victims of this procedure find that their “missed payments” result in permanent interest rate hikes and, “…a whopping late fee.” MoneyUnder30 reported a similar phenomenon in their article “Citi May Move Your Due Date Without Notice.” Faultline calls this abhorrent practice “due date roulette”, and it is outlawed under the new rules that require bills to be sent out no later than 21 days before the due date.

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(Andres Rueda)

Reducing consumer credit limits

One of the many factors that influence credit scores is a person’s debt to available credit ratio – that is, how much they owe versus how much they can spend. Unfortunately, many banks (perhaps in response to new rules that require advanced notice of major term changes) are unexpectedly lowering consumers’ credit limits. As SmartMoney explains, even, “…folks with good credit scores and solid credit histories are now getting caught in the fray.” American Bankers Association spokeswomen Carol Kaplan was quoting as saying, “…people with credit scores of at least 720…are not immune. They’re doing it to everyone.” American Express specifically “adjusted the credit lines of 20% of its credit-card holders.” Under such a scenario, someone who owes, say, $10,000 can see their credit score drop simply because their credit limit was lowered and their debt to credit ratio thereby worsened. And since FICO scores are roughly 1/3rd determined by how close you are to your limit, the implications for consumers are serious – perhaps most importantly, because, banks tend to charge higher interest rates to lenders with lowered credit scores.

Universal default

One of the most outrageous (at least from the consumer’s perspective) credit card practices is so-called “universal default.” That’s when missing a payment on one card or account triggers rate hikes or penalties on an unrelated card. For instance, your failure to pay your Visa bill on time could lead to a rate hike on your MasterCard, even though in theory the two cards have nothing to do with each other. According to Tennessee’s Brownville State-Graphic, fees and penalties stemming from universal default may increase during the holidays. Of course, it is worth noting that the very practice of collecting universal default fees is prohibited by the new credit card legislation set to take effect in February.

It’s plain to see that banks and credit card companies are sucking up every last fee, penalty, and point of interest available under current laws. Life after auto-overdrafting and unexplained rate hikes won’t be pretty for these financial behemoths, and it’s hardly surprising to see them gorging upon the American consumer while there’s still time. With luck, some of the common-sense reforms included in the new credit card legislation will curb these practices once and for all.

23 Comments so far

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  1. Nice to Congress doing something to protect consumers from the credit card companies.

  2. Gates VP

    This article is a great overview of what’s happening in “credit card” reform.

    But this one section does get to me:
    many banks… are unexpectedly lowering consumers’ credit limits… And since FICO scores are roughly 1/3rd determined by how close you are to your limit, the implications for consumers are serious…

    I honestly think this says a lot more about the intense failure of the FICO system than it does about banks and lenders. Lenders are supposed to control their risk and their terms are quite explicit about being able to drop the amount of unsecured credit they hand out.

    What’s truly scary is that the FICO system has relegated part the estimation of your credit-worthiness to the collective lenders. They’re tying your credit score, in part, to the solvency of the lenders, which is obviously dubious. Now I know it’s only part of the overall credit score, but it’s still a really bad idea.

  3. Should have made if effective immediately. If you haven’t noticed or read about these companies already taking steps to alleviate some of the losses they “might” incur already. Raising interest rates, cutting credit lines and reducing credit limits. All of the card companies are at fault- do it now before February 2010….. Vultures!!!

  4. Its great that something is being done, but why are all the credit card users responsible enough to read their statements. If people think that these laws will help the majority of consumers they don’t understand the big picture. Companies want to make a profit and if CC companies can’t do that they will cease lending all together.

  5. Unfortunately, the 50%+ majority of the fat cat legislators (all millionaires) are well aware of where their contributions come from and have gutted the bill to be but a shadow of what it should have been.

  6. Finally!!
    I agree with Bobby.

  7. Winston Wolf

    Yep, the interest rate on my Chase Mastercard went from 7.99% to 11.99%. That’s a 50% increase. Never late, etc. So they will get a little bit more interest out of me while I pay it off. Maybe $100 worth. Hope it’s worth it to them because they’re going to lose me as a customer.

  8. Some companies have also been calling customers and closing cards for non-usage.

  9. The most incredible thing about this whole issue, is the fact that these thieves were able to get away with their unscrupulous practices for so long. About a year ago CHASE raised my APR from 8.99% to 24.99% for no apparent reason (back then my FICO score was about 711). When I called in disgust the only thing they said to me was, that they could not disclose their reasoning because of company policy. That’s the kinda bastards they are!

  10. http://www.huffingtonpost.com/2009/11/18/gop-blocks-freeze-on-cred_n_362787.html

    And you can all blame Republican Senator Cochran for blocking a vote that would instantly freeze rate hikes in December (to stop Credit Card companies before the rest of the measures go into effect in 2010). I guess Senator Cochran is owned by the credit card companies. We should really put term limits on being in the senate.

  11. I like to know that if I withdraw or purchase something and the money to cover is not in my account I will be denied the transaction instead of it going thru only to find out a few days later that I’m being charged $35 overdraft fee. Credit card companies will try anything to make money like the 20% interest isn’t enough.

  12. The credit card companies, similar to the insurance industry, are blood-sucking leeches. Stay as far away from them as you possibly can…

  13. Come on people… if you don’t like the admittedly convoluted credit card terms, stop borrowing money from credit card companies!! Switch companies or start spending money you actually have. If you don’t like overdraft fees, opt out of overdraft protection or keep track of your purchases. This is a Mint blog – take control of your finances! And stop waiting for legislators to fix all your problems for you.

  14. Scheffy

    Call me a pessimist, but I think this is just going to displace the underhanded and sneaky fees that get charged to consumers instead of getting rid of the practice altogether. These are companies whose sole purpose is making money, i.e. squeezing every last dime out of their customers, and therefore have armies of lawyers that exist to manipulate their terms of agreement to the companies benefit, morals be damned. If you have some other entity that doesn’t specialize in this stuff (Congress) come in and take away some of their easy money, their lawyers are just going to regroup and rewrite agreements to create new shady practices.
    The silver lining could be that these companies may essentially drive themselves out of business. Chase away all the people that are never late on payments by dropping their credit limits and pumping up their rates, and suddenly your only customers are default-prone credit bombs waiting to go off.

  15. my bank account went over by ~20 dollars in small transactions (they let the account get low and then put all the small transactions in last so you get more overdraft charges)
    they tried getting me to pay $170, in addition to my $9 a month just for having the account

    i congratulated them on finding a way to take money away from someone that already did not have any

    i also decided to just simply not pay the overdrafts, in retaliation they said they wouldnt cash my checks anymore. so now instead of paying $9 a month in bank fees i just pay 50 cents flat rate and cash my check. no muss no fuss, there is no way to overdraft when you only deal with cash

  16. Iqbal Qasim

    @jesse: “If you don’t like overdraft fees, opt out of overdraft protection”

    It is impossible to “opt out” – unless you consider closing the account to be “opting out” – try it yourself, the banks make beaucoup bucks from overdraft fees, so they became “a non-optional courtesy” and note the term “courtesy” – they call it a courtesy to avoid having the fees come under TILA (truth in lending act) requirements for full disclosure.

    Go ahead and be all ayn rand, that’s exactly the kind of sucker attitude the banks want people to have while they spend millions of dollars on lawyers and psychologists to manipulate suckers into paying these fees and believe the problem is their fault, not the banks’ for deliberately designing the banking system to be a minefield.

  17. John D

    The credit card rules need to be returned to what they were before Joe Biden made his back room deals in the 80’s to get the credit card companies to locate in Delaware in exchange for allowing them to do whatever they want to the consumers.

    Sure, people that didn’t pay their bills could not get credit cards back then, but was that a bad thing?

  18. I am sorry. It looks like someone went to a lot of trouble to write this, but I did not read any further than, “according to the NY Times.” NOTHING that trash says is of interest to me. And anything passed by THIS congress is sure to be just another loss of freedom.

  19. What’s sad is this bill barley got passed, and is a shell of the original. The credit card lobby is very powerful.

    You can see the credit card and bank executives SHAMELESSLY admit in interviews here that they are targeting the poorest of the population, who are the ones that can handle the extra fees the least. Some of these execs would eat their own children if it made a profit. Frontline did an entire program about shady/predatory credit card companies:

    http://www.pbs.org/wgbh/pages/frontline/creditcards/?utm_campaign=homepage&utm_medium=bigimage&utm_source=bigimage

  20. juanita

    The only thing that consumers should be complaining about is that reduced credit limit which lowers the credit score because it happened to everyone without reason or warning. it lowered credit scores which raised interest rates. the rest of these, like overdraft fees and due date switches and even high interest rates can be prevented by the consumer because they should be paying their bills on time or opting out and getting a lower rate card. If the consumer is overrdrafting or not watching their real due date, it is their fault.

  21. stepone

    Warning! Warning! Warning!

    A warning for people who are trying to reestablish your credit, if you do not want to be charged for breathing stay away from FIRST PREMIER BANK credit cards. I was charged 500% interest and charges to cancel the card. What they do to consumers is illegal!

  22. ganesh varma

    The credit card companies, similar to the insurance industry, are blood-sucking leeches. Stay as far away from them as you possibly can…
    can you tell me how is it possible?

  23. Facebook User

    Seriously? Banks are going to find ways to make their money off the backs of their most needy customers. Check out ten ways credit card companies still cheat the system – http://debtbeat.com/2009/11/credit-card-companies-screw-us.html

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