The Credit Card Act of 2009, officially named the Credit Card Accountability Responsibility and Disclosure Act (CARD Act), has taken effect. The rules of the game have changed and couldn’t be more frustrating for consumers. The Obama Administration has done what they think will help protect consumers and the credit card companies have retaliated by finding loopholes in the system and carrying on with business as usual.
Here’s the Good, the Bad, the Ugly, and the Loopholes of the CARD Act of 2009.
THE GOOD:
Unexpected rate hikes, over-the-limit fees, and double-cycle billing are a thing of the past. But don’t think for a minute that you can’t get in some serious trouble with your credit if you don’t use your cards properly and follow your companies policies. The rules are hardly simple.
Finance Charges, Interest-Rate Hikes, and Notifications
• No rate increases for the first 12 months after opening an account.
• Rate increases can only be applied to new charges.
• Annual and application fees cannot exceed 25% of your initial credit line.
• No more double-cycle billing.
• A six-month minimum promotional-rate period.
• No more over-limit fees, unless the YOU opt-in.
• No fees to make credit-card payments online or over the phone, unless you make a payment on your due date.
• Must give 45-day notice of pending rate or fee increases or any other significant changes to the original credit-card terms.
GREAT! Right? Well…don’t get too excited just yet. There are some loopholes that the credit card companies found to these rules.
THE BAD:
Exceptions, Caveats, Loopholes:
• Rate hikes are allowed if you’re more than 60 days late with a payment.
• Some banks have already found a way around the rate-hike issue, by increasing card users’ regular interest rates to as high as 29.9% and then refunding a part of that rate for each month that the customer pays on time. Just another reason to pay your bills on time!
• Double-cycle billing, although prohibited, can technically still exist for credit cards that don’t have grace periods.
Credit card companies have already been calling consumers asking them to opt-in for over-limit fees in exchange for lowering that fee, says Chi Chi Wu, a staff attorney with the National Consumer Law Center, a consumer advocacy group. “What they’re not saying is that if people don’t opt-in, the transaction will be denied and they will not be charged over-limit fees in the first place,” Wu says.
So in other words, if you don’t have the available credit on your card, you can’t make a purchase that would put you over your limit. IF you are using that much of your available credit you don’t understand how to use your credit cards properly and should be denied. I know that may sting a little and upset you – get over it, suck it up, and learn to use them properly.
Don’t get discouraged, here are some more GOOD points.
Billing Statements, Payments and Disclosures
• Billing statements must be sent 21 days before the due date.
• Your due date should be the same date each month.
• Payments are considered on time when received by 5 p.m. on the due date or the next business day after a holiday or weekend.
• Payments above the minimum must be applied to the highest-rate balance first.
• Each monthly statement must include information on how long it would take you to pay off your balance if you make minimum payments only and the total you’ll pay, including interest and principal; and how much you need to pay each month in order to pay off your balance in 36 months and the total you’ll pay, including interest and principal.
• Statements must also include a warning that by making only minimum payments you will pay more interest and it will take you longer to pay off your debt, as well as a toll-free number to call if you want to be referred to a credit-counseling service.
THE UGLY (YOU KNEW IT WAS COMING):
Exceptions, caveats, loopholes:
If you make a purchase under a “deferred-interest” plan (such as “no interest for six months,” for example), the company may let you choose to apply extra amounts to the deferred-interest balance. Otherwise, for two billing cycles before the end of the promotional period, your entire payment must be applied to that balance.
“Carrying a “deferred-interest” balance is a risky proposition altogether, says Wu: Unless the balance is paid in full over the specified period, the company will charge all interest retroactively once the promotional rate expires. We think deferred-interest plans should have been banned,” Wu says.
THE GOOD, THE BAD, AND THE UGLY ALL ROLLED INTO ONE:
College Students and Young Adults
• No credit cards for college students unless co-signed by a parent or they can demonstrate “the ability to pay on time.”
• No credit-limit increases if you are under 21 and have a co-signer without that co-signer’s permission. That makes sense and I am sure a lot of parents are in favor of this one. Just wait though co-ed, they are going to go after your parents too!
• No credit-card marketing and freebies on college campuses. BOOO! How else are college students going to get a free toaster, beach towel, and set of beer mugs?
BAD NEWS FOR PARENTS:
Exceptions, Caveats, Loopholes:
• Issuers will likely start appealing to parents to co-sign their children’s credit cards. And the Federal Reserve has specified that issuers have the option of keeping the parent on the hook even after the young person turns 21, Wu says. “If that younger person keeps the credit card for 20 years, the co-signer is liable that whole time.”
• Issuers are not allowed to give out freebies for signing up for a credit card on or near a campus — which still allows them to set up shop near popular off-campus venues and offer freebies to everyone, whether or not they apply.
Most likely if you still get snail mail and read everything your credit card company sends you, the chances are pretty good you knew all this was coming. Credit card companies have been mailing out their change-of-term notices for weeks now.
I hope this helps you wade through the credit card cesspool. I am sure there will be many articles that you can reference in the next few days. Of course, you just got all the best information here!
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