In May 2009, President Obama signed into law
the Credit Card Accountability Responsibility and
Disclosure Act (CARD Act) to strengthen consumer
credit card protections. The bulk of the new law
becomes effective in February and August of 2010.
Here is a guide to current rules, with information
about the changes to come, to help you when you
consider which credit card offer you might want
to apply for or accept. Think carefully about your
spending patterns when you are looking at an offer
and what features might be important to you. Do
you pay off your card in full each month? Do you
really need cash advances? Do you want to own a
card jointly or on your own? Do you want a card
with a “cash back” feature, frequent flyer miles,
gasoline discounts? Finally, consider how
you pay—will the billing cycle match your pay dates, or might you run the risk
of late payments? Do you want to authorize automatic withdrawals from another
account, at the same or a different bank? What impact will that decision have
on your finances? This brochure is written to help you make decisions that are
right for YOU when you choose a card.
1. All credit card offers have the same terms. See/Hide Answer
Credit
card offers vary, depending on the bank involved
and to whom the credit card is offered. Those
with higher credit scores may be offered more
favorable terms. Be sure to read all of the terms
and conditions carefully to see what you will
be charged in interest, and for such things as
late, over the limit, and bounced check fees
that can quickly add up. In addition, check to
see if the card offers a grace period during
which finance charges do not accrue if you make
full payments every month. Also review any benefits
the card may offer, e.g., cash-back bonus awards,
miles, shopping points, and any associated annual
fees for such benefits.
2. Interest rates are limited by my state’s law. See/Hide Answer
Credit card interest rates are controlled by the state of the issuing
bank, not the state you live in, so rates can vary widely.
3. All purchases and extensions of credit on a credit card are treated
the same way. See/Hide Answer
Carefully
review and understand the terms of your account
for each transaction type before using your card;
issuers generally apply different
standards to purchases, cash advances and balance transfers. Each of these
may carry different annual percentage rates (APRs). In addition, you may be
given a grace period for purchases allowing you to avoid interest by paying your
balance on time, in full each month. On the same account, however, interest
may start to accrue immediately on cash advances. And if you decide to transfer
a balance from another card, you may be charged a flat fee and interest until
the balance is paid off.
4. I am married and therefore must have all joint cards with my spouse. See/Hide Answer
You
can apply for an individual credit card in your
name alone, based on only your credit history.
You alone are responsible for this card. You
may
authorize others to use your card, but you are still responsible for the debt.
5. Paying the minimum monthly balance on my credit card is the best way to
manage my credit. See/Hide Answer
If
you pay only the minimum monthly balance, it
can take years to pay off your purchases, and
with compounding interest, you may be paying
for
whatever you bought many times over. For example, if your minimum monthly
payment is only two percent of the balance, and if you charged $2,000 on a
credit card with an 18 percent APR, it would take about 30 years to pay it
off with minimum payments. It would cost you
about $5,000 in interest payments!
Minimum payments recently changed to four percent with most card companies,
and at that rate, you would pay the debt in 10 years and pay $1,000 in
interest. While repaying the debt at four percent may seem burdensome, the
higher repayment rate will save you thousands of dollars in interest payments
in the long run.
Beginning February 2010, periodic statements
must contain the following warning: “Minimum Payment Warning: Making only the minimum payment will increase the interest
you pay and the time it takes to repay your balance.”
In addition, the card
issuer must disclose, based on the assumption that the borrower will only make
minimum
payments, 1) the total number of months and total cost to pay off the balance;
and 2) the monthly payment and total cost of paying off the balance in 36 months.
The card issuer must also provide a toll-free number that the consumer can
call to get
information about credit counseling and debt management services.
6. Once the credit card company has granted me a card with specific terms,
including a rate of interest, it cannot change those terms for any reason. See/Hide Answer
Credit
card companies are permitted by federal law
to change your
rates or terms with 45 day advanced–written notice, so read all the monthly inserts
and notices you receive once you get a card. Credit card company agreements may
provide a number of reasons that will enable them to increase your interest rate
and charge you more for late fees, over-the-limit fees, and other charges. For
example, some card agreements reserve the right to increase the rate if you are
over the limit more than once in a specific time period or if you are late more
than once.
Currently, your credit card company may even
increase your rate based on your late payment
on a completely different debt, such as another
credit card
you own, or an auto loan. This is called “universal default.” Any adverse financial
information about you that hits your credit report could trigger universal
default. Credit card companies may monitor your credit reports closely, so
you should
to be vigilant about all of your credit.
As of August 2009, card issuers are required
to include with the change-in-terms notice,
a brief statement of your right to cancel the account before the effective date
of change. They also must inform you that closing
your account will not constitute default, will
not
trigger repayment of your outstanding balance faster than permitted (amortized
over five years), and will not trigger a penalty.
In addition, effective February 2010, universal default will be prohibited. Also,
rate
increases on new transactions during the first year after account opening will
be prohibited. There are, however, several
limited exceptions to the rate-increase prohibitions.1
1Exceptions include the following: 1) Card
issuers can offer a discounted rate that expires
after a specified time period, as long as the
new rate is disclosed at account opening; 2)
Card issuers can offer a variable rate that
is tied to an index outside of
the issuer’s control; 3) Card issuers can increase rates for new
transactions (not during the first year) as
long they give 45-day advance notice; 4)
Card issuers can increase the rate that applies to outstanding balances
if the account
is over 60
days delinquent.
7. I applied for and received a credit card with zero percent fixed APR on balance
transfers for two years. I intend to transfer a balance from another card, and I
will use the card for purchases as well. I can pay off my purchase balances in
full each month and avoid any finance charges. See/Hide Answer
Currently,
card companies may choose how they apply the
money you send, especially if you have accepted
a zero percent offer for balance transfers
but have another interest rate for new purchases going forward. Review your
initial offer for terms like “we may apply payments and credits first to your
balances with lower APRs before balances with higher APRs.” Such terms allow
the card issuer to apply your payment first to the balance carrying a zero
percent APR, and you will have to pay interest on your purchase balance until
your transferred
balance is paid in full.
So, if you decide to take advantage of a zero
percent offer on a balance transfer and carry
a balance for a period of time, and if
purchases carry a higher APR, consider putting purchases on a separate card
or using another means of
payment.
Beginning in February 2010, if different APRs
apply to different balances on an account (e.g.,
purchases, balance transfers, cash advances),
the card issuer must allocate payments in excess
of the required minimum payment to the balances
carrying the highest APR first.
8. Opening a credit card account is a great way to establish a credit history
that would be beneficial to obtaining other forms of credit in the future such
as car loans or mortgages. See/Hide Answer
Financial
institutions use credit reports provided by the
three major credit bureaus (Experian, Transunion,
Equifax) when making credit decisions.
If you have no credit history upon which they can base your willingness and
ability to repay your debts, financial Institutions may hesitate to lend to you.
A credit card from a major retailer or a major credit card company (MasterCard,
Visa, Discover, American Express) is relatively
easy to obtain. Just be sure to review all of
the terms of the card offer and be vigilant about
paying your bills
on time.
Warning: Too many open credit card accounts
and too many applications can adversely affect
your credit rating. In addition, maintaining
high balances may
also negatively affect your credit report and score.
9. I am more protected in credit card transactions than cash, check, or debit
card transactions. See/Hide Answer
Federal
Reserve Regulation Z, which implements the Truth-in-Lending
Act, provides specific protections for consumers
in credit card transactions when there is a billing
error, unauthorized use (card is lost or stolen),
or a purchase dispute. Regulation Z protections
do not apply to cash, checks, or debit card transactions.
Billing Error:
Regulation Z protects consumers
in billing error2 disputes with card issuers.
If you find a billing error on your monthly
statement, you must notify the creditor in
writing within
60 days after the first bill showing the
error was mailed. Just calling the creditor
is not
sufficient to preserve your rights under
this regulation. Be sure to include your
name and
account number, the reason you believe
there is an error, the date of the error, and
the
dollar amount.
The card issuer must acknowledge
your
letter within 30 days or resolve the
situation within that time. Or, the card issuer
has
up to 90 days to investigate and resolve
your dispute.
While waiting for the resolution, you
are not required to pay the amount in question
or any
associated finance charges. The card
issuer
cannot report you to the credit bureau
as delinquent, and it cannot try to collect
the
disputed
amount.
You do have to pay other undisputed charges
and related finance charges.
If the card issuer determines that there was
a billing error, it must correct the error
and credit your account. If the card issuer
determines that no error occurred, you must
pay the amount owed and any accrued finance
charges. You must receive a written explanation
of the reasons for the finding. You are entitled
to documentation of the finding upon request.3
Lost or Stolen Card
If your credit card is
lost or stolen, Regulation Z places a limitation
on your liability: $50 maximum.4
Asserting
Claims and Defenses
This protection
will apply if you don’t get what you ordered
as the merchant promised. Regulation Z
provides
you with rights
regarding resolution of disputes involving
goods or services purchased with a credit
card if:
- You have made a good faith
effort to
resolve the dispute with the merchant
- The dollar amount in question is more than
$50
- The disputed transaction
took place in the state where you live or
within 100
miles of you.
If these three conditions
are met,
you may assert the claims and
defenses that you would normally have against
the merchant,
against the card issuer.
2Billing error is broadly defined in Regulation
Z to include computational errors as well as
billing for property or services not accepted
or delivered as agreed upon.
3Note that billing
error instructions are provided on the back
of every credit card monthly statement.
4MasterCard
and Visa have a zero dollar liability for
lost or stolen
credit cards.
10. I received a credit card offer in the mail (zero percent on purchases for one
year with a credit line of up to $5,000) that said due to my excellent credit
history, I have been pre-approved for this special offer. If I apply, I am guaranteed
to get this card at the stated rate. See/Hide Answer
Card
issuers may send you credit card solicitations
that say you
are “pre-approved,” but an offer is not final until the credit card company checks
your full credit history. And once they have done a credit check, the offer may
change. While you must be made a “firm offer of credit” in order to be sent a
pre-approval, you might not get the card at the rate provided in the initial
mailing.
And even if you do get the rate that was promised in the pre-approval, that
rate
may change. If you default on a payment , i.e., you fail to make a minimum
payment by payment due date, exceed the credit line or make a payment that is
not honored by the bank, the card issuer could increase the APR substantially.
In addition, you are not guaranteed the credit line amount originally offered.
The amount of your initial credit line will be based on your credit profile
at the time your account is opened. If you do not meet the card issuer’s specific
requirements, they may not extend credit to you at all.
11. Federal law requires that credit card companies make specific term disclosures
in their credit card offers. You should use these terms to compare offers and
determine the most appropriate card for you. See/Hide Answer
Regulation
Z, requires that all credit card applications
or solicitations contain certain items in a specific
table format with headings, commonly
referred to as the Schumer Box. Use terms such as APR, minimum finance
charge, grace period, cash advance fee, balance transfer fee, late fee, and overthe-
limit fee to determine which offer is most appropriate for you.
Be sure to review the terms outside of the
Schumer Box as well. Sometimes the big differences
between cards are in the fine print.
Understanding the terms of your credit card
will soon be easier. Effective February 2010,
card issuers will be required to adopt new disclosure formats that will make
account solicitations and applications, account
opening disclosures, and monthly statements
more
meaningful and easier to read.
12. If I plan to carry a balance on my credit card, I should purchase credit
protection insurance in case I am not able to make my payments. See/Hide Answer
Don’t
automatically assume that this product is right
for you. Be sure to evaluate the terms carefully
before purchasing this product.
Credit protection
insurance is offered by credit card companies
in the event that you cannot make your required
payments. If, for example, you suffer job
loss or short-term disability, must take unpaid
family leave, or fulfill military obligations,
the credit
card company may either defer payments, finance
charges, and late fees or make your minimum
payments for you. The company may also offer
this insurance
in the event of marriage, adoption, divorce,
or birth of a child.
Before signing up for
credit insurance, consider the following:
- If you
file an insurance claim, will you still
be able to use your credit card? For instance,
if you
file a claim because of job loss, the
credit card company may no longer extend credit
to you because you have no income. However,
if
you file
a claim because of a marriage, you may
still
be able to use the card.
- Ask the card
company to explain the insurance terms.
For
example,
if the insurance covers hospitalization,
is there a minimum hospitalization period
required before
the insurance is available? Does this
coverage impact other medical insurance you
may
have or vice versa?
- Is there a monthly
fee?
- If
the card company defers your payments
and you make a payment, your regular
payment cycle
is reinstated. Under what circumstances
will you
be required to make at least minimum
payments
again?
- In the event of marriage,
adoption, baby, or divorce, the card
company will
make two months of minimum payments.
Interest, however,
will continue to accrue.
- What
documentation does the card company require
before
it will
accept
your claim?
- Can you afford the insurance payments?
The cost of credit protection insurance may
fluctuate depending on your credit card balance.
For example, a
company’s fee may be $0.85 for every $100 of your balance. If your balance is
$5,000, then your monthly payment for the insurance would be $42.50. This amount
would be in addition to your regular monthly payments.
13. I received blank checks in the mail from my credit card company. I can use
these checks to pay off any of my debts, including balances on my other credit
cards. The APR charged on the checks is lower than the purchase or balance
transfer rate on my card, so I should definitely take advantage of this great deal
to consolidate some of my debts. See/Hide Answer
Credit
card checks may be appropriate for some borrowers
but not others. Before using the checks issued
by your credit card company, consider
the following:
- You cannot use these checks to pay off
credit cards in your wallet that are issued
by the same credit card company.
- The debts you pay off with these checks
will be added to your credit card balance.
- You may be charged a fee for use of these
checks.
- A high balance on one credit card
may adversely affect your credit rating,
so don’t consolidate too much credit onto one card.
Currently, card issuers are not required to
provide cost disclosures with these checks;
the issuer can just refer the borrower to the
original account agreement. Beginning February
2010, however, card issuers will be required
to disclose key terms such as introductory
rates and their expiration dates, rates that
will apply after introductory rates expire,
fees, and grace periods(or lack thereof) in
a summary table on the front of the page containing
the checks.
14. My poor credit history will prevent me from getting a credit card. See/Hide Answer
There
is a variety of credit cards developed for individuals
with differing levels of credit problems. Most
of these are subprime cards, often
promoted as credit builder or credit repair cards.
These cards may provide you with an opportunity
to rebuild or repair your credit, but they
can be expensive. Because a borrower with credit
history
problems poses additional risk to the creditor, subprime credit cards can
carry higher interest rates and fees. The fees
alone could eat up some of your otherwise
available credit, limiting your purchasing power. Also, some card issuers
will require that you open and maintain a bank account balance for up to
the offered credit limit as collateral.
15. A subprime credit card offer will be labeled as such. See/Hide Answer
Credit
card issuers do not indicate in their disclosures
that a card is subprime. Carefully evaluate the
cost and terms associated with each offer
you receive to determine which one is best for you before you apply for any
given card. Once your application is approved, the subprime credit card issuer
may assess your new card with many fees associated with setting up the
account. These fees could add up to hundreds of dollars before you even use
your card. Your buying power with this card will be limited until you pay these
initial charges and free up your promised credit limit.
Effective February 2010, card issuers offering
subprime credit cards will be prohibited from
financing fees (other than late fees, over-the-limit
fees, or insufficient fund fees) that together
exceed 25 percent of available credit in the
first year.
Glossary of Terms You Should Know