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Standing Up To Powerful Interests

Victory For Credit Cardholders

 

Over the last ten years, credit card companies seeking even higher profits invented more and more unfair practices.

The Credit Card Accountability, Responsibility and Disclosure (CARD) Act of 2009 goes a long way toward reining in credit company abuses.

But does it go far enough?

Listen to a Feb. 18 news conference with Ed Mierzwinski, Harvard Law School Prof. Elizabeth Warren and Univ. of Washington Student Body President Tim Mensing. CLICK HERE

What's In It For Consumers?

Notification requirements

Rate and late fee requirements

Restrictions to over-the-limit transactions

Additional changes

 



 

Thank your Senator for the Credit CARD Act, and urge him or her to give it the support of a strong, independent CFPA.



Highlights Of The Credit Card Accountability, Responsibility And Disclosure Act

Notification requirements:

• Requires that banks mail statements at least 21 days in advance of the due date.

• Requires 45-day notice of adverse changes in terms.

• Requires notice of right-to-cancel if new terms are unacceptable.

Rate and late fee requirements:

• Bans hair-trigger rate increases for late payments: No increased interest rates are generally allowed on balances unless customer 60 days late.

Prohibits late fees for bills due on Sunday or a holiday.

• Prohibits late fees on bills that arrive before 5pm local on the due date, or arrive the next day.

• Bans raising rates because of late payment to other creditors (universal default clause) in the first year of any card contract.

• Bans universal default permanently on existing (previous) balances.

• Bans double-cycle billing, designed to collect interest on amounts already paid in previous months.

Restrictions to over-the-limit transactions:

• You now need to tell your credit card company to allow transactions that will take you over your credit limit and incur additional fees.

• If you opt in, credit companies can impose only one fee per billing cycle.

• If you opt-out, over-limit transactions will either be turned down, or if allowed, there will be no additional charge. You can revoke your opt-in at any time.

Additional changes:

• Gives FTC greater authority over deceptive marketing of “free-to-pay” offers for products that are not free, such as credit monitoring.

• Also provides new protections for purchasers of pre-paid gift cards.



In May 2009, President Obama signed the MoPIRG-backed Credit Card Accountability, Responsibility and Disclosure (CARD) Act of 2009.

How You Can Protect Yourself

(All links open in a new window.)

Opt-out of receiving credit card offers by mail or phone.

Obtain your free annual credit report from each of three free credit reporting agencies

Avoid deceptive offers such as the so-called FreeCreditReport.com.

You are not required to pay extra for any credit score or to sign up for any "trial offers” to use these rights.

Under state law, consumers in Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, and Vermont have access to a second free credit report annually.

File a complaint about your credit card company with the Office of the Comptroller of the Currency.

Note: skip the actually unhelpful “help with my bank” link, and instead look at “OCC CAG,” which explains how to contact the agency’s Customer Assistance Group.

What young adults should know about credit cards. (PDF)

For Students

• Credit companies will now have to check a college student's ability to re-pay a card before signing up, or he or she will need a co-signer (the same rules that already apply to everyone else.)

• And companies can no longer require students who stop at on-campus tables to fill out an application in order to get free gifts, such as a free lunch, coffee mug, T-shirt or other trinket.

• And colleges and credit card companies that have financial relationships for college-branded credit cards must publicly disclose those contracts.

Learn more at Truth About Credit.



 

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