Skip to content

Archive

Category: Financial News
The events of the 2008 credit crisis and its fallout will shape the economic landscape for decades to come.   The latest credit card usage trends are not encouraging.  Take a quick look at these statistics provided by Credit Cards.com -an online credit card statistics data base: 
Total cards in circulation in U.S.
(Through year-end 2009)
  • Visa credit: 270.1 million, down 11 percent (Source: Visa.com)
  • Visa debit: 382 million, up 18 percent (Source: Visa.com)
  • MasterCard credit: 203 million, down 22 percent (Source: MasterCard.com) 
  • MasterCard debit: 125 million, up 1 percent (Source: MasterCard.com)
  • American Express credit: 48.9 million, down 9 percent (Source: AmericanExpress.com)
  • Discover credit: 54.4 million, down 6 percent (Source: Discover.com)
  • TOTAL CREDIT CARDS: 576.4 million
  • TOTAL DEBIT CARDS: 507 million

Most general purpose credit cards in circulation in 2008

  1. Chase – 119.4 million
  2. Citi – 92 million
  3. Bank of America – 80.2 million
  4. Discover – 48 million
  5. American Express – 46.5 million
  6. Capital One – 46.3 million
  7. HSBC – 38.8 million
  8. GE Money – 27.2 million
  9. Target – 23.4 million
  10. Wells Fargo – 17.3 million

(Original source: Nilson Report, February 2009)

Better take a second look at that credit card bill!

According to the venerable researchers at TransUnion- one of the three major Credit reporting bureas-analyzed information from a data base of 27 million consumer records illustrating consumer credit use and performance.  Nationally, the average credit card debt rose 4.81% compared to the 3rd quarter of 2008 , to $1,694 per houshold.  Yet, credit card offers through the mail and other media continue to increase.  The high rates of debt and delinquencies can easily be attributed to the current economic crisis; job losses, lay-offs, mortgage foreclosures, etc.. No doubt the current White House administration is aware of these dismal and downright scary numbers.  As part of a comprehensive financial reform package,  President Obama recently signed into law the Credit Card Accountability Responsibility and Disclosure Act.  Here is the official White House Press release:

THE WHITE HOUSE

Office of the Press Secretary
________________________________________________________
FOR IMMEDIATE RELEASE                          May 22, 2009

FACT SHEET: REFORMS TO PROTECT AMERICAN CREDIT CARD HOLDERS
President Obama signs Credit Card Accountability, Responsibility, and Disclosure Act

WASHINGTON – Today, President Obama signs the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009, marking a turning point for American consumers and ending the days of unfair rate hikes and hidden fees.

Americans need a healthy flow of credit in our economy, but for too long credit card contracts and practices have been unfairly and deceptively complicated, often leading consumers to pay more than they reasonably expect.  Every year, Americans pay around $15 billion in penalty fees.  Nearly 80 percent of American families have a credit card, and 44 percent of families carry a balance on their credit cards.  To tackle these problems, the Administration moved swiftly with the Congress to enact reforms.

“With this new law, consumers will have the strong and reliable protections they deserve.  We will continue to press for reform that is built on transparency, accountability, and mutual responsibility – values fundamental to the new foundation we seek to build for our economy,” President Obama said.

In the Senate and throughout the campaign, President Obama called for measures to strengthen consumer protection in the credit card market.  This legislation was made possible by the leadership of Chairman Frank and Representatives Maloney and Gutierrez in the House, and Chairman Dodd, Ranking Member Shelby and Senator Levin in the Senate.  It builds on the strong first step taken by the Federal Reserve toward improving disclosures and ending unfair practices.
 

Principles for Long-term Credit Card Reform

  • First, there have to be strong and reliable protections for consumers.
  • Second, all the forms and statements that credit card companies send out have to have plain language that is in plain sight.   
  • Third, we have to make sure that people can shop for a credit card that meets their needs without fear of being taken advantage of.  
  • Finally, we need more accountability in the system, so that we can hold those responsible who do engage in deceptive practices that hurt families and consumers. 

The Administration applauds the legislative efforts of both the House and the Senate.  By working closely together, the House Financial Services Committee and the Senate Banking Committee were able quickly to enact strong protections that the President signs into law today.  Below we highlight the critical elements of reform in this new law:

  • Bans Unfair Rate Increases
  • Prevents Unfair Fee Traps
  • Plain Sight /Plain Language Disclosures
  • Accountability
  • Protections for Students and Young People

Key Elements of the Credit  CARD Act of 2009

Bans Unfair Rate Increases: Financial institutions will no longer raise rates unfairly, and consumers will have confidence that the interest rates on their existing balances will not be hiked. 

  • Bans Retroactive Rate Increases: Bans rate increases on existing balances due to “any time, any reason” or “universal default” and severely restricts retroactive rate increases due to late payment.
  • First Year Protection: Contract terms must be clearly spelled out and stable for the entirety of the first year.  Firms may continue to offer promotional rates with new accounts or during the life of an account, but these rates must be clearly disclosed and last at least 6 months.

Bans Unfair Fee Traps:

  • Ends Late Fee Traps: Institutions will have to give card holders a reasonable time to pay the monthly bill – at least 21 calendar days from time of mailing.  The act also ends late fee traps such as weekend deadlines, due dates that change each month, and deadlines that fall in the middle of the day.
  • Enforces Fair Interest Calculation: Credit card companies will be required to apply excess payments to the highest interest balance first, as consumers expect them to do.  The act also ends the confusing and unfair practice by which issuers use the balance in a previous month to calculate interest charges on the current month, so called “double-cycle” billing.
  • Requires Opt-In to Over-Limit Fees: Consumers will find it easier to avoid over-limit fees because institutions will have to obtain a consumer’s permission to process transactions that would place the account over the limit.
  • Restrains Unfair Sub-Prime Fees: Fees on subprime, low-limit credit cards will be substantially restricted.
  • Limits Fees on Gift and Stored Value Cards: The act enhances disclosure on fees for gift and stored value cards and restricts inactivity fees unless the card has been inactive for at least 12 months.

Plain Sight /Plain Language Disclosures: Credit card contract terms will be disclosed in language that consumers can see and understand so they can avoid unnecessary costs and manage their finances.

  • Plain Language in Plain Sight:  Creditors will give consumers clear disclosures of account terms before consumers open an account, and clear statements of the activity on consumers’ accounts afterwards.  For example, pre-opening disclosures will highlight fees consumers may be charged and periodic statements will conspicuously display fees they have paid in the current month and the year to date as well as the reasons for those fees.  These disclosures will help consumers make informed choices about using the right financial products and managing their own financial needs.  Model disclosures will be updated regularly based on reviews of the market, empirical research, and testing with consumers to ensure that disclosures remain clear, useful, and relevant.
  • Real Information about the Financial Consequences of Decisions: Issuers will be required to show the consequences to consumers of their credit decisions. 
    • Issuers will need to display on periodic statements how long it would take to pay off the existing balance – and the total interest cost – if the consumer paid only the minimum due.
    • Issuers will also have to display the payment amount and total interest cost to pay off the existing balance in 36 months.

Accountability: The act will help ensure accountability from both credit card issuers and regulators who are responsible for preventing unfair practices and enforcing protections.

  • Public posting of credit card contracts:  Today credit card contracts are usually available only in hard copy and not in plain language. Now issuers will be required to make contracts available on the Internet in a usable format.  Regulators and consumer advocates will be better able to monitor changes in credit card terms and evaluate whether current disclosures and protections are adequate.
  • Holds regulators accountable to enforce the law:  Regulators will be required to report annually to the Congress on their enforcement of credit card protections
  • Holds regulators accountable to keep protections current:
    • Regulators will be required to request public input on trends in the credit card market and potential consumer protection issues on a biennial basis to determine what new regulations or disclosures might be needed.
    • Regulators will be required either to update the applicable rules, or to publish findings if they deem further regulation unnecessary.
       
  • Increases penalties:  Card issuers that violate these new restrictions will face significantly higher penalties than under current law, which should make violations less likely in the first place.

Cleans Up Credit Card Practices For Young People at Universities.  The act contains new protections for college students and young adults, including a requirement that card issuers and universities disclose agreements with respect to the marketing or distribution of credit cards to students.

So, with rising variable rates, deferred interest plans that leave the consumer worse off than when they initially accepted the card, and bogus advance notice rules, the consumer is once again fleeced and put out to air-dry in a cold market place.  The best defense is to control how many cards you have in your wallet, control your spending, and get educated BY YOUR CREDIT CARD ISSUER regarding the small print of your credit card aggreement.  It will save you a lot of money in the long run.

  • Share/Bookmark

This post is for all of you who have ever considered using a credit repair organization to improve your credit or raise your FICO score.   

The CROA was enacted in 1996 by Presidential order.   I’ll provide a link to the entire text of the Act later in this post. 

The Credit Repair Organizations Act (“CROA”) is not actually an Act, it is actually Title IV of The Consumer Credit Protection Act.  Section 401 states, however, it can be referred to as “Credit Repair Organizations Act”.

Everyone knows how important it is in these current economic times to maintain a good credit rating.  Some are able to restore their own credit; others might need to seek the help of a credit repair professional. As I have said in previous posts, a casual internet search for “credit repair” will yield literally hundreds of hits.  Many of these organizations are simply not reputable and have further damaged the credit of many innocent and uneducated consumers.

The Credit Repair Organizations Act was created to ensure that credit repair organization conduct business in a manner that is fair and transparent so prospective buyers of credit repair services can make informed decisions based upon a well regulated set of rules. The CROA protects the average citizen seeking credit repair services from unfair and deceptive business practices. Here are the main protections it provides:

  • Prohibited practices
  • Required disclosures
  • Contract requirements
  • Liability
  • Penalties for non-compliance
  • Procedure to report non-compliance

The Credit Repair Organizations Act (CROA) has clearly enumerates your rights as a consumer. Of particular importance is the requirement that you be given a copy of your rights before you sign any legal contract with an organization. Your contract must be in writing, and must clearly spell out all your rights and obligations. Once you know your rights, it then becomes your responsibility to make an informed decision.  It’s similar to buying a vehicle; never make a decision to purchase credit repair services based upon emotion, or what you might hear in a phone conversation or website teaser advertisement.  Get everything in writing and ask questions until you satisfied.  Don’t be afraid to put on a little pressure by stating your skepticism.  If they want your business they will be up front with you.

One of most egregious violations that credit repair organization commit is the making of false or misleading claims about what they are capable of.  Some claims are outright illegal, such as the ability to provide clients with a “brand new” credit file.  Other claims include the promise to raise your score 100-200 points in a matter of weeks or days.  This is just plain impossible. If you see or hear anything even similar to that promise coming from a credit repair organization avoid them like the plague because they are simply out to steal your money.  Disclosure Required.

Here the specific points that must be addressed clearly in a contract with a credit repair company:

  • The company’s name
  • Company’s address
  • Contact information
  • Total cost of services
  • A detailed description of the services and fees
  • The time frame for completion of work
  • Any guarantees they may offer

A credit repair company must perform the work before you are required to pay them, except for a set up fee.  You also have a three-day buyer’s remorse period.  Just make sure you know the procedure as it (should be) stated in the contract. Credit repair companies are also prohibited from performing any services on your behalf until you have signed a written contract and you have given them Limited Power of Attorney.  Also, there can be no cancellation fees attached listed in the contract.

Financial problems can sometimes be so severe that it’s difficult not to take the first company that sounds like they can help you.  Don’t give in to that tendency if you can help it.  The more due diligence you perform, the more you will be protected with that knowledge. http://www.ftc.gov/os/statutes/croa/croa.shtm

  • Share/Bookmark

Everyone  interested in the politics of the credit industry needs to read and know about these hearings.  This is where the rubber meets the road in terms of public policy regarding regulating the credit industry!!  Click on the link below to open the document.  There is so much good information here I will just let you read it for yourselves!!    Testimony before the COMMITTEE ON FINANCIAL SERVICESSUBCOMMITTEE ON FINANCIAL INSTITUTIONS AND CONSUMER CREDIT

  • Share/Bookmark

Over the past five years there has been quite a bit of litigation regarding consumers not having access to the credit bureaus.  Until recently, it was pretty much a lost cause trying to speak to a real person about anything with regard to your credit report.  Thanks to that above mentioned litigation, it is now possible to call them and get a real person on the phone.  I would suggest doing this when all else fails.   Also, nothing can replace an organized method of communication with the credit bureaus.  Be prepared to state your case with backup documents if necessary.  Whatever communication you have with them always remember to document EVERTHING.  This will help you stay organized, and will give you proof if things get ugly and you have take them to court.  I have listed the numbers to call to get a human being to speak with you for each bureau:

Experian-  1-714-830-7000   

Equifax -       866-640-2273     (choose option 3 and patiently wait for a human)

TransUnion – 1800-916-8800

How to deal with credit agencies-letters

  • Share/Bookmark

Download our Credit Repair Seminar BrochureWhat is Debt Validation and does it actually work?

Do you know your Credit Score?

Time limitations

  • Share/Bookmark
  • Share/Bookmark

Ascendant Equity can raise your FICO score and help you get the credit you deserve!  We are credit restoration professionals.  Good credit is just a phone call away!

Improve Your Credit - Improve Your Life!!

 

Don’t let the credit bureaus get away with keeping you from getting the credit you deserve.  The Fair Credit Reporting Act requires the credit bureaus, collection agencies, and original creditors to follow certain guidelines in how they report information about you!  If they do not follow these rules, we as consumers can force them to correct or remove any information that is outdated, inaccurate, erroneous, or incomplete. At Ascendant Equity, we are ready to fight for your good name and restore your credit profile.  We will work hard to make sure your FICO score accurately reflects your creditworthiness.  Our expertise is proven.  Our honesty and integrity are the hallmarks of our business.

 

Kirk McClain

Create Your Badge

 ←Please click the white up arrow inside the grey box in bottom right-hand corner of player to access additional videos from You-Tube.
Facebook

Kirk McClain is a fan of   

Delridge Neighborhoods Development Association Delridge Neighborhoods Development Association

   


 

What does good credit feel like??

  • Share/Bookmark

Bad Behavior has blocked 109 access attempts in the last 7 days.

wp

Ascendant Equity is Digg proof thanks to caching by WP Super Cache