Credit & Money Management
FAQs On the New Credit Card Rules
Sweeping changes shift the game in your favor.
By Joan Goldwasser, Senior Reporter
From Kiplinger's Personal Finance magazine, February 2010
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Editor's note: This story has been updated since it originally was published in the February issue of Kiplinger's Personal Finance.
Striking a blow for freedom and transparency, consumer-friendly rules mandated by the Credit Card Accountability Responsibility and Disclosure Act of 2009 took effect on February 22, Washington’s Birthday. Not sure what this means to you? We have answers to your questions.
I know that my bank can’t raise my interest rate anymore if I pay my credit-card bill on time, even if I am late paying other bills. But can an issuer restrict use of my card in other ways?
Yes. Under the Credit Card Accountability Responsibility and Disclosure Act, if your credit report shows late payments, your card issuer could decide you have become a risky customer and cut your credit limit, impose an annual fee or raise your interest rate on future transactions. You must receive 45 days’ notice of any such change.
What happens if I decide to opt out of a rate increase?
After you notify your credit-card issuer, you won’t be able to use the card to make new purchases. You will have five years to pay off your account balance at the old rate, but you can’t be required to make monthly payments that exceed twice the old minimum payment.
I bought a new refrigerator using my card last spring and was able to defer payments for 12 months. But if I don’t pay off the balance by the end of the grace period, interest is applied retroactively to the purchase date. Here’s my problem: If payments now go to the highest-rate balance, how can I pay off the 0% deferred balance?
Don’t worry. There’s an exception to the highest-balance payment hierarchy. During the last two billing cycles before a deferred-payment period ends, all payments above the minimum must go toward paying off the deferred balance. So you could pay off the deferred balance in the final month and avoid interest charges.
My credit-card company used to insist that my payment arrive by 10 a.m. on the day that it was due and charged a fee if I didn’t meet the deadline. Do the new rules offer any relief?
The CARD act imposes clear and simple payment rules. Payments are always due on the same day of the month and are considered to be on time if they are posted by 5 p.m. If the due date falls on a weekend or holiday and your payment isn’t processed until the next business day, it is still considered on time. Your card issuer may not charge you a fee to pay by phone or electronic transfer unless you receive expedited service.
Can retailers still offer customers approval for a store credit card at checkout?
The CARD act requires that issuers consider your ability to pay before extending credit. Previously, retailers could enter your name, address and Social Security number into the computer, get your credit score and decide whether you were creditworthy. It’s unclear how the new system will work and how much financial information you will have to provide.
Does the CARD act apply to gift cards?
Yes, although the provisions that cover them do not go into effect until August. After that, gift cards will have to remain valid for five years. Inactivity fees will be forbidden unless the card has not been used for 12 months. You may not be charged a fee to replace an expired card, but you may still be charged a fee of $4 to $8 to purchase or activate a new card.
Will my monthly statement look different?
Yes, it will show how much you really pay in principal and interest if you make only the minimum payment, as well as how long it will take to pay off your entire balance. It will also tell you how much you’d have to pay each month to repay the balance in 36 months and the total amount you will pay[MSOffice1] in principal and interest. Plus, the statement must conspicuously display the payment due date, any late-payment fees and the late-payment penalty rate.
I never keep those fine-print agreements that come with new credit cards. Is there a way to verify the terms and conditions of my card?
Yes, issuers must now post card agreements on their Web sites and provide a copy to the Federal Reserve Board, which will compile and post them on its Web site, www.federalreserve.gov.
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Reader Comments (12)
Posted by: Nomen at 01/20/2010 12:28:33 PM
"Striking a blow for freedom and transparency, consumer-friendly rules mandated by the Credit Card Accountability Responsibility and Disclosure Act of 2009 take effect on February 22," Ha Ha Ha HaHa HaHa HaHa HaHa HaHa HaHa Ha OOH WHAT A BAD JOKE. Thanks Congress for giving the credit card companies almost a full year to rob us one more time and then impose higher rates and lower limits. Now my interest rates are twice as high. If there's anything I can do at election time, I'll certainly remember your help.
Posted by: StillWaiting at 01/22/2010 06:11:22 PM
I just rec'd my new "terms" that are to start on Feb. 22nd from Capital One. Basically, the cc companies have rewritten their terms around the new laws. For example, according to the terms, they ARE NOT applying my payment to the highest interest rate, rather only any amount I pay over and above my minimum payment. How can they do this???!! I thought the law was changing... Also, Joan, the agreement says they can cancel my card anytime they feel like it or for no reason at all. So if, for instance, in reference to one of your points in the article, if they see that the person's mortgage is being paid late, they could cancel his card. Also, as mentioned about co-signing in the article, a better option is getting her a secured card where she can build her own credit history without jeaopardizing yours.
Posted by: MG at 01/27/2010 12:16:29 PM
If used right, credit cards are a very good thing. If: You only use them for things you can afford; have some kind of rebate and PAY OFF THE ENTIRE BALANCE EVERY MONTH. Now, saying that, that stupid law and this article seems to be in favor of the...credit companies.
Posted by: Chris Reich at 01/27/2010 12:25:34 PM
The best thing a consumer can do is pay off the cards and forget about using them in the future. As mentioned above, get a secured card for when you need it. Tie it to your bank account and you can add to the available credit any time for a REAL emergency. Melt the other cards. 5 years from now they'll come slithering back begging for business.
Posted by: Capitalismrocks at 01/27/2010 01:40:15 PM
Look people, if you don't like the rules, then cancel the card! Stop complaining. No one forced you to rent other people's money. No one forced you to agree to the terms. No one forced you to use the card. No one forced you to apply for the card in the first place. No pity here....if you can't dance to the devil's tune, then don't agree to go to the dance with the devil in the first place.
Posted by: MadCustomer at 01/27/2010 03:12:09 PM
Nomen is right on the money. I always pay on time, my credit is sky high, and now my APR is 20% and my credit card company refuses to lower it any more. Their reason? The new CARD law. It's a bunch of fluff that HURTS the good, honest consumer, and doesn't really help anyone except the deadbeats who don't pay their bills on time and can't read the terms and conditions.
Posted by: Valree at 01/28/2010 07:09:05 AM
It is just a joke...If term limits were imposed, and our lawmakers were held to the same standards of middle class Americans...things might change. Following the advice of my parents, I do not spend what I do not have. Unfortunately, so much of our population has become the "entitlement" generation. No wonder we are in such debt. We have no one to blame but ourselves for the mess in which we now struggle. But, let's indeed, send more hard earned money to people and countries who hate us..It is the American Way!!
Posted by: Ernie at 01/28/2010 11:37:05 PM
Why has the Senate (been sitting) on H.R. 3639 which would have made the Credit Card Act effective immediately instead of Feb 22? It is a one paragraph change so banks do not have more time to find new ways to take advantage of people. They can't find time to pass a one paragraph bill and they expect to pass a Health Care Act?
Posted by: Dakota676 at 02/17/2010 05:54:33 PM
Interesting how our "Big Brother", can assist the common man. I thought it simply unjust to glorify the "legal Loan Sharks", when "they chose to inflate interest rates before the interference, stirring the cauldron, upsetting the underling factors. Bottom Line for "them", not much is given to humble greed...
Posted by: Dick at 02/17/2010 06:14:38 PM
If you pay fees or interest on a credit card ...you get what you deserve!...Never buy something on a credit card if you can't pay it off at the time the bill comes due. And never charge that ipod instead of making your rent or mortgage payment. Why is it everyone thinks they are getting screwed because they can't pay their bills on time???
Posted by: CAB at 02/17/2010 11:53:53 PM
All right capitalism rocks! Finally a voice of reason amongst the blubbering! I get so tired of hearing people crying about their credit card balances. This is what happens, people, when you live beyond your means, run up your credit card balances and can only pay the minimum. If you can only pay the minimum-guess what-you can't afford what you bought! And, no, I do not have a princely salary. I am a disabled small business owner who works well over 15 hours a day. I was taught NOT to pay interest-if you can't pay for it RIGHT NOW with the money YOU HAVE, then you can't afford it. Funny how we can manage to pay ALL balances in full every month even with very high medical expenses. To pay medical expenses I basically do without most things people think are normal. I can't recall the last time I bought anything besides groceries, medical items, or business requirements. Haven't been on a plane since 1999. Haven't seen a movie since before that. Went out to dinner once in 2008. It's called living within your means even when it ain't fun.
Posted by: Cristalle at 02/23/2010 03:11:52 PM
I totally agree with capitalismrocks, and CAB!! Stop all the whining! No one forced you to apply for a credit card, and no one forced you to use said card! Yes, there is going to be a price to pay for using credit! We live in a land where we do have options (to use or not to use). And we all know nothing is given freely (i.e.-interest rates!) Either live within your means or deal with it people!!