by Chris A Smith
On May 22, 2009 President Obama signed the Credit Card Bill of Rights into law. The final law was a compromise between the House version and the stricter Senate bill designed to reverse some of the billing practices of the credit card industry.
Heralded as a win for the consumer, the Act will best serve those consumers who manage their credit cards responsibly. However the law does not go into effect until February 2010 which gives the banks an opportunity to maximize their current billing strategy. Considering that last year Americans paid over $11 billion dollars in fees (not interest rates) and that the new law is going to greatly restrict the billing practices that generated those fees, the banks have to scramble to come up with new revenue streams. Here’s how the law affects consumers and banks:
Increases in interest rates cannot be applied to existing balances. This means that when banks announce a new increased rate on a consumers’s account, it can only apply on purchases and transactions going forward. Rate increases can not be applied to balances already on the account. This represents one of the banks’ major source of revenue.
Double Cycle Billing will be a thing of the past. The bill strictly forbids charging interest on a balance that has been previously paid. Currently banks compute interest base on the last 2 months of billing even if the previous month had been paid in full. The new bill prohibits this practice.
No more over the limit fees. Today, if a consumer is near his credit limit and makes a purchase that puts him over the limit, the bank will honor the charge but will hit the consumer with a hefty over the limit fee that the consumer usually isn’t aware of until he gets his statement. The new law would prohibit this practice unless the consumer explicitly requests it. Now if the consumer goes over the limit the card will simply be disapproved and the charge will not go through.
Payments will be applied to the highest interest rate first. That amount paid by the consumer that is above the minimum payment due, will be applied to the highest rate in the account rather than the lowest rate which is now the practice of the credit cards.
Online bill payments cannot be subject to a fee. Payments made online or by electronic transfer or by phone can not be charged a fee. This reverses a practice of many credit card issuers. Card statements must be delivered to the consumer at least 21 days before the payment is due.
Minors will have to prove they can pay their bill. Persons under 21 will have to show they have a source of income in order to be issued a credit card. Parent’s can co-sign on the agreement to get around this requirement.
Not surprisingly, the credit card industry is predicting difficulties in the American credit system as a result of this new law. Being for profit organizations, they have no choice but to find new ways to make money of their services to replace that money that will no longer be available as a consequence of the new regulation. Here’s what they see in the future:
Charging for credit cards Not surprisingly, a return to credit card charges is a real possibility. They are easy to implement and it is almost guaranteed that all the issuers will go this route to one degree or another. The bank industry is predicting charges to be in the $50 to $100 per year range.
Tightening of credit. Banks have suffered their biggest default rates ever, and as a result predict it will become ever more difficult to qualify for credit and limits will be significantly lower. (Editor’s note: Does this mean they will only issue cards to people that have demonstrated they can handle credit responsibly rather than mass market to anyone who is breathing? DUH)
Goodbye frequent flier programs Reward programs typically cost the banks 1% of the balance of the account. Expect this plans to be scaled back or eliminated all together. The same will apply for the cash back offers.
Increased fees for balance transfers. There is already a flurry of consumers seeking to transfer balances to lower interest cards. Increasing the fee to do this is another way togenerate revenue for the banks. Discover Card and Bank of America are seriously considering to charge up to 3 percent of the balance for this service.
The new law does not kick in until February 2010 so consumers should brace for another round of rate increases on their current cards. In addition, credit limits will most likely be reduced regardless of history. Over the long run, this law will make banks more reponsible in their lending and competitive. However, in the immediate future, many consumers will sit by helplessly and watch their balances grow as interest rates outpace their ability to pay the balnce down.
About the Author:
Chris A Smith writes on
consumer credit and personal finance issues. While the Credit Card Bill of Rights is an important step in reforming the industry, many consumers will find themselves worse off before it becomes effective. Learn what you can do to
protect your credit from becoming a casualty.