Friday, October 29, 2010

Credit Card Reform Doesn’t Cap Interest Rates

The new legislation regarding credit cards is designed to make credit more fair and transparent for Americans. There will be no more double cycle billing, no interest rate increases until an account has been late for 60 days or more, and credit card bills must be mailed 21 days before they’re due – among other changes.
Unfortunately, a bill sponsored by Sen. Richard Durbin (D-Ill) was not passed as part of the reform. It would have capped the total interest, fees and finance charges at 36% for all consumer credit. This is a cap currently placed on military family’s credit usage.
Payday loans are the worst abusers of interest rates, where they often make borrowers pay two or three times the amount they borrow in exchange for a few days advance on their pay. But the proposed interest rate cap would have applied to all consumer credit – payday loans, car loans, credit cards and mortgages.

This isn’t a new concept actually. In 1886, all states had interest rate caps in place. When banks began lending through credit cards in the 1950’s, banks in state’s with higher interest rates started lending to Americans living in other states where the caps were lower and charging them the higher interest rates. In 1978, The Supreme Court ruled that the National bank Act allowed lenders to charge the highest interest rate permissible in their home state – so what happened? Credit card companies moved their businesses into states that had higher interest rate caps – or none at all – so they could charge what they wanted.

Do Onto Others…

Forbes.com writer, Michael Maiello wrote an article called "Credit Card Hypocrites"  which describes Jamie Dimon, the Chief Executive of JPMorgan Chase’s experience with the Troubled Asset Relief Program (TARP). Dimon calls the bank’s experience with TARP as traumatic, because of how the "rules changed" after the government gave the bank’s bailout money. Banks received the money and thought they could use it how they wanted, or however they saw necessary. But, in a move that Dimon complains about, the government went and changed the rules – by placing limits on how much money bank executives could receive, and by creating shareholder rights requirements, and even restricting the hiring of foreign employees.

In my favorite lines of Maello’s article, "The government changed the rules, and Dimon is traumatized. Now he knows how anyone with a Chase credit card feels. Or most any credit card, for that matter."

Think about all the credit card users who received their credit cards with a certain dollar amount credit limit, and a certain interest rate. Think of how many of these cardholders started using their cards under those terms, only to find out three months later the interest rate was increasing, their credit limit was being lowered, and their due date was being changed. Credit card lenders have had the right to change credit card agreements whenever they wanted, and for any reason they wanted. Cardholder due dates could be adjusted without notice, causing the cardholder to make a late payment and then have to pay a late fee on top of it. The late payment triggered interest rate increases and additional penalties. Money already spent could be charged higher rates -and credit limits could be lowered BELOW the amount the borrower had already spent on the card – triggering over-the-limit fees!

Do American consumers have much sympathy for credit card executives like Jamie Dimon who are traumatized by the upcoming changes that will put a stop to these practices?

Doubtful.

Major lenders, including JPMorgan Chase, Bank of America and Citigroup oppose several pieces of the new credit card legislation. They don’t feel they should have to mail bills out 21 days before the payments are due, and if the bank is slow to process a payment they don’t feel they shouldn’t charge a late fee. A late payment is a late payment, regardless of "what" caused it to be late, right?! These banks are arguing that if they are to continue lending money to consumers they’ll need to do whatever they want to the borrowers, for any reason- as they have been doing for years.

Some of the banks are threatening to stop lending all together when the reforms take place. Will that really happen?

Be On The Look Out for “Other Fees” Under New Credit Card Legislation

The new credit card reform laws will prohibit over-limit fees, double cycle billing, and interest rate hikes when payments are less than 60 days late. But that doesn’t mean you don’t have to watch out for any other fees. To make up for lost revenues, cardholders are likely to see other fees that are not specifically addressed in the credit card legislation.
Possible fees you should be on the look out for include:

  • Fees for checking your balance
  • Annual fees on credit cards that didn’t charge them previously
  • Fees to participate in rewards programs
  • Higher interest rates for everyone, regardless of credit scores
  • An end to grace periods (interest will be charged immediately after a purchase rather than giving 20 days or so to make the payment before interest is charged)
  • No 0% promotional offers 

Your Credit Score May Be Adjusted Based on What You Buy

It’s been a well known "secret" that credit card companies analyze cardholder spending and how they make their payments as a method of determining risk. They’ve learned that people who buy certain brands are more likely to pay their bills late or not at all; and what sorts of products paid for with credit will pretty much predict the cardholder will always pay their bills on time.

As an extension of this analysis, it’s possible that certain spending will start to affect your credit score. People who use their credit cards with the following industries may be among the first cardholders to experience credit score adjustments due to their spending habits:

  • Gambling (casinos and racetracks)

  • Pawnshops

  • Liquor stores

  • Marriage counseling

  • Massages

  • Spas

  • Bail bonds

  • Hospitals & Doctors offices

  • Court fees

  • Escort Services

  • Thrift stores or secondhand stores

Based on research of cardholders making purchases with these industries and the probability of these cardholders paying their bills late or not at all – these are a few of the first industries that are considered suspect when a lender is deciding whether or not to extend you credit.

In 2010, the credit card legislation changes will provide regulations for just how far a credit card company can go to learn about you and your purchases. If you want to be sure your credit score isn’t being adjusted based on where you shop - be aware of where you are using your credit cards.

Luxury Google Ads for People With Higher Credit Scores

If you thought credit scores were only used to help lenders decide whether or not they should extend credit – think again! Sure, you may know that there are employers who run a credit check before they hire; and that your car insurance premium is partly based on your credit score… but did you think your internet browsing would be affected by your FICO?

Google has started to experiment with their Google ads by showing more expensive products and services to individuals with higher FICO scores. Google has always been known for their pay per click advertising and the ability for advertisers to target specific markets – but is this taking it a step too far?

Right now, there is a database of about 2 million people through "Compete", who agreed to share their credit score when applying for a new credit card. These people are then targeted with specific Google ads when they use their computer, based on what their credit scores are. This allows advertisers to reach consumers who qualify for their products – for example, advertisers trying to sell mortgages to people with FICO scores over 700 would only show their ads to this group of internet users. Primarily, this data will be used to target users seeking credit cards, but any company interested in displaying ads to a group of people with a specific credit score would be able to do so.