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Quick Overview of the New Credit Card Legislation

Friday, May 22, 2009

Amidst a signing ceremony in the Rose Garden of the White House, President Obama today signed into law a bill containing new rules designed to restrict the ability of credit card companies to assess surprise fees, raise rates unfairly, and otherwise make life more difficult for the many American consumers who carry substantial credit card debt.  As designed, credit-related agreements will become more transparent, and accountability will be increased considerably.

Titled the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009, the law is controversial for several reasons.   One reason is that an amendment was included that allows people to bring concealed weapons into national parks.  That will undoubtedly be the subject of much commentary and lots of discussion in the blogosphere.  More to the point, though, banks are suggesting that they will end up penalizing good customers that pay their balances in full each month to try to make up for the lost fees and interest resulting from the new law.  Incidentally, the banks have traditionally referred to these “good” customers as “deadbeats” because they generate relatively little revenue for the banks compared with less credit-worthy customer.  It’s a bit early to determine to what degree the card issuers are bluffing, of course.

As I understand them, some of the key points of the new law include:

  • College borrowers - Colleges have long been a fertile breeding ground for irresponsible borrowing (and lending), and the schools themselves have often contributed to the problem due to incentives provided them by the card companies. College-aged cardholders are now required to demonstrate that they can re-pay their debt, or they must have a parent or guardian co-sign. In other words, they should meet the basic requirement that any lender should seek to establish before parting with money. Furthermore, agreements between colleges and credit card companies regarding marketing to these students must be fully disclosed.
  • Rate increases - Card companies will no longer be able to raise rates on existing balances unless borrowers are 60 days late. If the cardholder subsequently pays in a timely manner for six straight months, the card issuer will be required to reduce the rate back to the original level. The “universal default” concept has now been banned. This describes the case where late payment on one card causes a different card company to raise rates based on the new information that the borrower is a higher risk than he or she had been. The terms agreed to in first year contracts will also remain stable for the entire year.
  • Notification - Consumers must now be notified at least 45 days in advance of a rate increase.
  • Late fees - Bills must be sent at least 21 days before payment is due. Also, no more deadlines in the middle of the day, weekend due date traps, and due dates that vary month to month.
  • Over-limit fees - Currently, consumers sometimes are hit with fees for exceeding their balance because a charge is authorized which pushes the balance above the limit, often without the card user realizing it. The new default behavior will be for the given charge to be denied, unless the cardholder expressly permits it.
  • Payments applied to high-rate balances first - Consumers sometimes have different interest rates for a given card, as in the case where a balance transfer was made, or a short-term teaser rate was offered. The standard has been to apply payments to the lower-rate balances. The new law reverses that, such that payments are applied to the balances associated with the higher rate.

For more detailed information, go to the source:  White House website.

Fun facts about credit cards, prior to the new CARD legislation.

Tags: card, credit card legislation

Credit

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Factors That Affect Your Credit Score

Monday, April 06, 2009

Most people understand that maintaining good credit is important for preserving overall financial health.  Good credit not only leads to the best interest rates when you apply for a mortgage or a car loan, it also can help ensure that your car insurance rates are as low as possible.  That’s right, insurance companies have drawn a statistical correlation between credit score and likelihood to pose a risk, and that correlation is reflected in insurance premiums.  Furthermore, employers now routinely pull “employment reports” - which are modified versions of the credit report that don’t actually contain the credit score - for each candidate as part of the hiring process.  Although they don’t contain the score, employers also tend to correlate credit history with degree of responsibility.  Clearly, credit history plays an important role in the fiscal health of most Americans.

The FICO score is the most commonly used measure by which lenders evaluate credit-worthiness.  There are a lot of theories about what lenders require in terms of a credit score when they are evaluating an applicant, but most seem to agree that the level required to be considered a top-tier risk - and thus worthy of the most preferred rates - has increased since the credit crunch descended upon us last year.  What used to require a 720-740 score may now require something closer to a 760.  Compounding this is the fact that lenders will undoubtedly have divergent views of what constitutes quality, and they will all use the scores a little bit differently.  The message is clear, though:  credit is harder to come by than it used to be and maintaining a strong credit score is more important than ever.

The accompanying graphic shows the breakdown of factors that affect your FICO score, as communicated by the CEO of Fair Isaac, owner of the FICO score.  Several of these are things that consumers can do little about in the short term, such as the length of credit history and past payment history.  You do not have much control over payment history, except that you should get a copy of your credit report and dispute any inaccuracies.  You do have control over current payment performance, though.  In other words…always pay at least the minimum due ON TIME.  This is the single most important factor in your credit score.

The other areas are more within your control.  New credit can’t be reversed, but it can be halted, and will gradually become less new and consequently less impactful.  “Types of credit in use” refers to the different types of loans you have outstanding and in your credit history.  They include revolving accounts such as credit cards, personal loans and collateralized debt such as a car loan.  The more diverse your successful credit history, the better.  This can be tricky, because opening a new loan to improve in this area will hurt in the New Credit category.  This is a longer term strategic consideration.  The factor over which consumers have the most control is the amount of credit they owe.  Granted, it is not uncommon for people to have credit card debt simply because they don’t have the cash to pay down their balances.  To the extent that they can find a way, though, paying down balances will have a big impact on their score.  The actual algorithms used to calculate the FICO score are proprietary and not widely known, but observers suggest limiting credit usage to a maximum of 30% of outstanding credit availability.

To ensure your credit report accurately represents your credit history, take advantage of your free annual report at freecreditreport.com or annualcreditreport.com.  To monitor your FICO score on a continuing basis, visit myFICO.

Tags: credit score

Credit

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AMEX Cardholder Severance Package

Tuesday, February 24, 2009

Yesterday, it was widely reported that American Express has offered select cardholders a $300 gift card to pay off their balances by April 30 and close their accounts.  They are encouraging such individuals to “simplify their finances”, which I suspect will indeed be the case for those who accept the offer.  This is a brilliant strategy for American Express…they’ll go to the top of the list for individuals who are deciding what debt to pay first.

Presumably, the “select cardholders” are those that are least likely to pay, in the estimation of American Express.  Certainly, this will have some positive impact on AmEx’s default rate.  Beyond that, though, the consumers in question would do well to take advantage of this offer if they can.

Tags: amex, debt, credit card

Credit | Debt

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