Recently, national consumer group advocates urged the Federal Reserve Board to eliminate the loopholes that credit card companies are already exploiting in the Credit CARD Act. Even before the Credit CARD Act has fully gone live, credit card companies have already developed several tricks and traps to counter the restrictions that the new legislation will bring.
One such loophole can be found in the prohibition of the act of rate increases for existing balances unless the card holder is already more than sixty days late. Major credit card company Citibank has already found a way to evade the ruling by charging a 29% APR to card holders but promising them a 10% refund during the next billing cycle if they manage to pay their current bill on time. If analyzed, this is similar to charging a card holder a retroactive 10% rate hike if he misses payment for even one day.
Another loophole that is being exploited by credit card companies is the legislation allowing retroactive rate increases if they are caused by variable index changes which is outside of their control. US Bank, Barclays and Wells Fargo are just three of the major banks which are exploiting this loophole by using only variable rates that can only increase or by picking only the previous 90 days’ highest rate.
In one particular case, it is the Fed’s own proposed rules which would allow credit card companies to evade the intentions of congress to put a limit on credit card marketing to college students. College students were routinely victimized by credit card companies by enticing them with free gifts. They often end up signing up for over priced credit cards in exchange for free gifts. The Fed’s proposed rules would allow credit card companies to continue giving out free gifts as long as those gifts are not conditioned when filling out the application. U.S. PIRG Consumer Program Director Ed Mierzwinski said, “Incredibly, the Fed even proposes to allow banks to perpetuate unfair marketing to college students, even though Congress said to stop. The Fed will allow banks to keep enticing students with free pizza at campus tables, so long as all the students who stop get free pizza, even if they don’t sign up for a card”.
National Consumer Law Center Managing Director for the Washington DC office Lauren Saunders said, “The ink hadn’t even dried on the President’s signature on the CARD Act when we began seeing runarounds by the credit card companies”.

November 26, 2009
Many American credit card holders are getting hit with interest rate hikes as the holiday season – a time for increased shopping activities among Americans – gets closer. A lot of them are going to see their interest rates become twice as high or even three times as high as the original rates. Grim financial times are ahead for American credit card holders, it seems.
According to Forrester Research, American consumers are projected to spend around $45 billion during the holiday season this year. That is an increase of 8% from last year’s figures. The numbers are impressive and worrying as well. Shopping online, while it can be quite convenient, also has its inherent risks. Online scams are just about impossible to avoid these days.
Bank of America last month tested the reintroduction of annual fees to a select number of accounts. Using what they call “risk and profitability”, Bank of America introduced annual fees ranging from $29 to $99 to a small percentage of their card holders. Many analysts considered that Bank of America’s actions – testing the tolerance of credit card holders for term changes – may become the norm as the CARD Act activation approaches. If Citi’s latest announcement this month is any indication, that may be exactly what’s going to happen.
Although most consumers are not aware of it, whenever a credit card holder uses his or her credit card to pay for a purchase, the amount that they are paying is actually higher than if credit cards were not a payment option. This is fact is applicable to both credit card purchases as well as cash purchases.
NRF and BIGresearch’s survey took a poll of 8,892 American consumers from November 2 to November 10. The survey’s margin of error is at plus or minus one percentage point.
It seems that the Fed may finally be looking into what consumers are complaining about. One fix that the Fed has introduced ought to bring some much needed respite for consumers, though it will not be coming until the next summer: no more overdraft fees.
It seems that a simple and comparatively hassle free tactic which many American consumers may have missed is to simply keep a tight watch on their bank accounts.
Debit cards work very much like credit cards, only that the transactions that a debit card approves are covered not by a mini loan, like in credit cards, but by the deposit in a linked bank account. Thus, debit cards are lauded for saving card holders from interest fees, one of the heaviest baggages that credit cards bring. There are also other benefits that debit cards bring but, with all these benefits, many industry watchers also consider debit cards to be riskier than credit cards.
Actually, the move to make money go virtual has long been developing. Nowadays, consumers can easily pay for purchases made through the internet with the use of a virtual form of payment – basically electronic signals being sent, confirming that money has been transferred from a bank account to a merchant. However, for leading virtual payment processor, PayPal, that’s just not enough.
The upcoming new credit card regulations in the form of the Credit CARD Act and the continuing increase of the country’s unemployment rate is making consumer credit borrowing a high risk for credit card companies. As a result, credit card holders, even those with excellent credit records, are getting hit with huge, generally unpleasant surprises in their credit card accounts.
According to Dick Reed, Consumer Credit Counseling Service of Greater Atlanta’s debt management team manager, a lot of credit card companies have increased their rates to 27% to 30% highs. For many card holders who carry credit balances, these changes have created “havoc with their budgets”.
The Credit CARD Act promised to bring comprehensive changes in the credit card industry which would have brought protection to American consumers against the predatory tactics of major credit card companies. Among other things, the Act would have put a stop on arbitrary interest hikes, unfair fees and obscure credit card agreement language. All of this would have assured consumer protection were it not for the fact that lawmakers decided to delay the activation act. A majority of the provisions of the Credit CARD Act were scheduled for enforcement early next year.
Considering the state of the credit card industry, a lot of frugal and spending sensitive consumers are probably going to opt out of carrying their credit cards to the stores this year. Some are going to opt for paying in cash while a larger number are going to go for debit cards.
The bill proposes to strip the primary financial regulator powers of the Federal Reserve. It would also remove the Federal Reserve and the Federal Deposit insurance Corporation’s bank supervising responsibilities. Instead, the Senate bill would create an independent Consumer Financial Protection Agency whose only goal would be the protection of consumers from deceptive and fraudulent practices in the financial sector. This new agency would also ensure that full disclosure about financial products such as credit cards, mortgages and other loans are readily available to consumers.
Recently, American Express announced that consumer spending on their credit cards increased last October, which is the first time that it happened this year. This is an encouraging sign, American Express says, which shows that consumer confidence regarding the current economy may be slowly rising.
Notably, unlike some of its contemporary big name credit card companies, Bank of America has promised that it will no longer raise its interest rates ahead of the Credit CARD Act’s activation which will introduce sweeping changes to the credit card industry. However, if the recent introduction of annual fees to a small percentage of its customers is any indication, Bank of America will not be standing still when the Credit CARD Act’s changes hit either. Instead, it seems that the credit card company will be testing the waters, probing what will work and what will not in terms of keeping its profits and its customers.
During American Express’ October conference call for the discussion of the company’s third quarter results, the company’s CEO and chairman Kenneth Chenault said, “It’s clear that we won’t be returning to ‘business as usual’ as we come out of this economic cycle. I believe we’ll face a ‘new normal’ with a number of substantial changes”.
The Federal Reserve recently announced that banks are going to tighten their credit card terms as a reaction to the upcoming Credit CARD Act. Aimed to protect credit card holders from predatory credit card company tactics, the majority of legislation in the Act was to be activated on February next year, though the Act itself was signed last May of this year. The delayed activation was to give credit card companies a chance to adapt to the changes.
According to the latest survey of the Federal Reserve, banks that are tightening their lending standards for consumers as well as businesses are now at 15% of the total number of banks surveyed. This is approximately a 50% drop from the figures taken from the previous quarter.
Consumers are becoming desperate over how they are going to handle their financial woes, especially since the predatory practices of major credit card companies don’t seem to be stopping. The Credit CARD Act, specifically created to stop these predatory acts, is already fast becoming obsolete as credit card companies raise rates and fees well ahead of the Credit CARD Act being able to do anything about it. Lawmakers seem to have dropped the ball when they gave credit card companies until February of next year to adapt to the new credit card legislations. Now they have decided to move up the activation earlier but, since credit card companies have already raised interest rates and fees to record highs, that may already be an exercise in futility.
The economic turn down definitely played a part in the downfall of the company but there are indications that the actions of the company itself may have had a hand in its current plight. During September of 2008, Advanta hiked the interest rates of their small business cards by 25% and, in some cases, even higher. This move left a lot of small businesses in a financial fiasco. This may have resulted in alienating a number of small businesses from the company. Others may have been financially burdened enough that they were unable to meet their debt obligations. In the long run, it may have contributed to the historically high annualized default rate seen last June. According to reports, almost one in two of credit cardholders gave up paying for their debts.
Now, a new scam is making the rounds among consumers, specifically targeting those with not so healthy credit history. The scam offers loans or credit cards to consumers and promises to ignore whatever credit history the consumer has. For cash strapped consumers who got hit hard with the economic downturn, unemployment and the credit card crisis, it would sound like a dream come true.
Gift cards are one of the easiest and most convenient gifts to give during the holiday season. For the giver, shopping for a gift is no longer a problem. For the receiver, it means that they can buy the items that they actually want. They may even postpone their purchase and wait for the item they want to become available or for a more opportune time to spend their holiday gift.
In reality, store credit cards may actually end up costing consumers more compared to regular credit cards. That is going to be hard to remember for consumers who are going to see store credit cards being offered with tempting discounts by stores looking to up card sales as the holiday approaches.
Still, the fact remains that this coming holidays, consumers will need some way to shop for their loved ones and for themselves, if only to remind them of better things than the on-going crisis. The key to surviving this year’s holiday season shopping is most likely shopping smarter.