New Credit Card Bill (7/17/2009)
On May 19, President Obama signed the “Credit Card Accountability, Responsibility, and Disclosure Act”. This legislation has also been referred to as The Card Act of 2009 or The Credit Card Bill and will take effect on February 22, 2010. Everyone who has a credit card will be impacted in some way, positively or negatively.
Right now, approximately 60% of Americans carry a balance on a credit card. These cardholders have the most to gain from this legislation. Here are a few components of the bill:
Limited interest rate hikes: It will be much tougher for a credit card company to raise your interest rate. Certain conditions must be met and you must receive at least 45 days notice of the rate hike.
Universal default outlawed: This was the practice by which one card company can charge a higher rate because you made a late payment to another card.
Payment due dates: Credit card companies must give you at least 21 days to make a payment after the statement is mailed to you. “Cut-off times” are illegal as well. In the past, credit card companies would indicate that they need your payment by 5 p.m. on the due date or they would charge a late fee. This arbitrary cut-off time is no longer legal.
Highest interest rate balances paid first: Depending on your card’s terms, certain balances may have a different interest rate. For example, your rate for balances on purchases may be 9% while your rate for balance transfers or cash advances is 15%. In the past, credit card companies would apply any partial payment to the balances that had the lowest interest rate. The new law requires that any partial payments be applied to the higher interest rate balances first.
Over limit fees: If you go over your credit limit, most card companies will authorize the transaction and charge you an “over the limit” fee rather than denying the transaction. The new bill indicates that you must “opt in” in order to allow transactions to exceed your credit limit and therefore, incur an “over the limit” fee. If you “opt out” of this fee, all transactions that exceed your credit limit will be denied and no charge will be assessed.
Age requirements: In past, you could obtain a credit card at age 18. The new law requires individuals 18-20 years old to have a parent or guardian as a joint cardholder.
Minimum payments: Credit card companies will be required to disclose the consequences of making only the minimum payment, in particular, the amount of time it would take you to pay off the entire balance if you continued to make the minimum payment. Credit card issuers must also tell you how much you would need to pay each month if you wanted to payoff the entire balance in 12, 24, and 36 months.
These components of the new legislation are designed to help consumers who are having financial trouble and to help curb abusive credit card company practices. Much of the legislation will result in lower profits for the credit card companies. Many industry experts predict the credit card companies will respond to this legislation by doing the following:
First, since credit card companies will have a harder time raising your rate while you’re a cardholder, look for low introductory rates to disappear and for interest rates to be higher when the card is initially opened.
Second, the availability of credit overall will be reduced. Over the past several years, credit card companies have issued credit cards without caution. I see bank clients daily whose available credit is greater than their annual salary (and in some cases, the outstanding balances are greater than their annual salary). According to the New York Times, if the unemployment rate hits 10% (as of July 1 it was 9.6%) credit card losses in the U.S. are expected to top $186 billion in 2009. Like any other organization that loans money, credit card companies are implementing more stringent underwriting policies.
Third, since this new law doesn’t go into effect until February 22, 2010, a number of credit card companies are taking advantage of this grace period to respond by analyzing their current credit card portfolio. Here are a couple of things you can expect to see:
1. They are identifying “high risk” cardholders. “High risk” cardholders are defined differently by every credit card company. They are generally people that use their card for cash advances or have transactions at casinos and liquor stores. Once they identify these people, they will reduce credit lines, raise the interest rate, or increase minimum payments. These are all legal practices, so long as the credit card company discloses these changes in terms within 30 days.
2. If you have a high credit limit relative to your balance, a credit card issuer can reduce their risk exposure by lowering your credit limit. This is very common right now.
Lastly, since credit card losses are going up and profits are going down, “reward” cardholders will see some changes. If you currently have a card that gives you “points”, “cash back”, or any other perk for using the card, expect those benefits to be scaled back. For example, if you’re not paying an annual fee now, they may start charging one. If you currently pay an annual fee, expect it to go up. Also, your points, miles, or cash back rewards may not be worth as much as they have been in the past.
My advice as it relates to this legislation.
1. Review your current credit card situation. If one of your credit card providers implements some unfavorable terms as a result of the pending legislation, you should explore other options. However, before you close a credit card account, make sure you have a back up or a new card to replace it. You don’t want to get stuck without one. As I indicated, obtaining a new credit card isn’t as easy as it used to be.
2. The credit card industry is still very competitive, but instead of competing for everyone, they are only competing for the “good” customers. If you have good credit scores and stable income, you should shop around for a new card if the benefits of your current card have been reduced to your dissatisfaction.
3. If offered, try to obtain a credit card from your primary bank. Banks always view customers more favorably if they have a checking account with them. Having a card from your bank is more convenient. In many cases, a credit card from your primary bank can be tied to your checking account for ATM transactions or overdraft protection. They typically have a number of options when it comes to paying the bill, such as direct transfer via online banking or automated telephone service.
In summary, this legislation will have some sort of impact on most credit card holders. In the coming months, please pay particular attention to the mail you receive from your current credit card provider as some of these changes may apply to you.
As always, e-mail me with any questions.