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Credit card legislation faces Senate test

Thu Apr 30, 2009 11:11 AM EDT
business, politics, us, barack-obama, congress, credit-cards, credit-card-holders'
Marcy Gordon, AP Business Writer
Congressman Pete Sessions says the credit card bill isn't as consumer-friendly as supporters claim.
< PreviousNext >
showing 1 of 3 photos
<p>FILE - In this April 22, 2005 file photo, signs for MasterCard and Visa credit cards are shown at the entrance to a New York coffee shop.  Secured credit cards, where you pay a deposit up front before you can start spending, can be a great help for people trying to build or rebuild their credit history, but there are also pitfalls — including high fees and cards that won't do you any good in the long run. (AP Photo/Mark Lennihan, File)                             </p>

FILE - In this April 22, 2005 file photo, signs for MasterCard and Visa credit cards are shown at the entrance to a New York coffee shop. Secured credit cards, where you pay a deposit up front before you can start spending, can be a great help for people trying to build or rebuild their credit history, but there are also pitfalls — including high fees and cards that won't do you any good in the long run. (AP Photo/Mark Lennihan, File)

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WASHINGTON — Propelled through the House by antibusiness sentiment in tough economic times, legislation putting new reins on the credit card industry now goes to the Senate, where the bill's prospects appear promising.

The legislation, which has President Barack Obama's backing, would eliminate abrupt increases in interest rates and other practices decried by consumer advocates. It could be taken up in the Senate as early as next week.

Supporters want to get a final congressional package to Obama's desk by the Memorial Day holiday. They acknowledged, though, that House passage of the measure on Thursday was just an opening salvo and that industry interests could succeed in getting restrictions weakened during the legislative slog ahead.

Signaling an aggressive campaign, Edward Yingling, president and CEO of the American Bankers Association, said the group "strongly believes that any additional legislative efforts should strive to achieve the right balance between enhancing consumer protection and ensuring that credit remains available to consumers and small businesses at a reasonable cost."

"We continue to believe that more work needs to be done to achieve that balance," he said in a statement.

The House measure, called the Credit Card Holders' Bill of Rights, passed on a bipartisan vote of 357-70 following lobbying by Obama and members of his administration.

The bill would prohibit so-called double-cycle billing and retroactive rate hikes and would prevent companies from giving credit cards to anyone under 18.

If they become law, the new House provisions won't take effect for a year, except for a requirement that customers get 45 days' notice before their interest rates are increased. That would take effect in 90 days.

Consumer advocates and some Democrats have sought for years to bring new rules to the industry.

"This is a unique opportunity to end abusive practices that afflict millions of families across the nation, to contribute to our economic recovery and to take a stand for American consumers," Sen. Christopher Dodd, chairman of the Senate Banking Committee and the bill's primary sponsor, said after the House vote. "Now it is the Senate's turn to act."

The bill's boosters are tapping into public anger over corporate excesses and the conduct of banks and other companies receiving billions of dollars in taxpayer money.

Obama's engagement in the issue diverged sharply from his handling of a plan to spare hundreds of thousands of homeowners from foreclosure through bankruptcy, which met defeat in the Democratic-controlled Senate Thursday on a 51-45 vote. Obama had embraced the plan, but facing stiff opposition from the banking industry he did little to pressure lawmakers who worried it would encourage bankruptcy filings and catapult interest rates higher.

Obama met at the White House last week with executives of the credit card industry and made clear he wants to sign a bill into law. And a day before the House vote, Treasury Secretary Timothy Geithner convened a meeting with Rep. Carolyn Maloney, D-N.Y., the bill's chief sponsor, and representatives of consumer and civil rights groups.

The administration is pushing for stricter practices that could crimp banks' revenue at the same time the government is shoring up the financial institutions with hundreds of billions of dollars in bailout aid.

"The administration supports Congress' efforts to ... provide additional strong and reliable protections for consumers that ban unfair and abusive practices," the White House said in a statement following the House vote. "The nation's credit card system must have more accountability, including more effective oversight and more effective enforcement of credit card issuers who violate the law."

Before approving the credit card bill, the House adopted a series of amendments — some of which were pressed by the White House — that amplified the restrictions on industry practices.

The House measure incorporates Federal Reserve regulations due to take effect in July 2010 but goes further by adding restrictions for credit cards for college students as well as other changes.

Consumers would have to be notified 30 days before their accounts are closed.

Double-cycle billing eliminates the interest-free period for consumers who move from paying the full balance monthly to carrying a balance.

Opponents tried vainly on the House floor to temper a fast-moving bill with amendments that would have given credit card issuers some openings to raise rates within the proposed restraints.

"We shouldn't take credit opportunities away," said Rep. Jeb Hensarling, R-Texas. "I just want consumers to have choices. I want there to be a competitive marketplace."

Hensarling and other Republican opponents endorsed the bill's requirements for clearer disclosure in the fine print of credit card agreements. But they said the legislation overall could prompt lenders to restrict credit in an already tight market to compensate for the new requirements.

___

House bill: H.R.627

Senate bill: S.235

___

On the Net:

Congress: http://thomas.loc.gov/

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • Public Discussion (45)
pjwrites

This is bullsh** and I think we all know it. So what if the credit card companies give advance notice of raising rates, they can still raise rates. Already, the interest charged on credit card debt would have been considered usurious a mere 10 years ago, but the banking industry and its lobbyists are so powerful and have so many friends in government that we can all see this for what it is: lip service to consumers, who live and work outside the hallowed halls of the corrupt "insider" bastards gaming our "money" system.

Take your bill and shove it. And take your credit cards, too, because I won't be needing them anymore.

  • 7 votes
Reply#1 - Thu Apr 30, 2009 11:37 AM EDT
jdl-28

Thank you Pj I agree this bill BS and it allow credit card company still have a year to stick it to everyone. Our government suck but make a lot of money from lobbyist beside taking our tax dollars to bail the bank out and than allow them to give the shaft to their customer.

  • 3 votes
#1.1 - Fri May 1, 2009 2:09 AM EDT
Hosethemdown

I guess when the drug withdrawl pangs hit, an irresponsible borrower's got to do what an irresponsible borrower's got to do.

I won't be needing them anymore

Did anyone ever need one? If so, that is the problem and that is where legislation might be considered.

  • 1 vote
#1.2 - Fri May 1, 2009 9:12 AM EDT
pjwrites

an irresponsible borrower's got to do what an irresponsible borrower's got to do.

And by that, I'm sure you're talking about these banks, right? Because these bankers were the ones who had to "borrow" from the citizens coffers and then, in order to pay back the citizens, will now charge those same citizens astronomical fees and interest rates in order to one day be able to "pay us back" our own money, right?

Because all the money they once had, courtesy of the citizenry, was lost on fraudulent loaning practices and risky investments that enriched the banking executives (who fully understood what they were doing and the criminality of it) in the form of bonuses and commissions, and enriched the executives of their ratings agencies, who were complicit in the fraud, and enriched their friends on Wall Street, who also earned big, fat commissions on duping the public and violating the public trust, right?

Those are the irresponsible "borrowers" you're referring to, am I right?

  • 2 votes
#1.3 - Fri May 1, 2009 9:27 AM EDT
Hosethemdown

I'm not defending any irresponsible borrower, from the end consumer up to the highest levels of business and government. Our government, our President, our Congress, have set the example for irresponsible borrowing, so why would we expect the private sector to be any different.

If I am not mistaken, the banks didn't lose money because they paid their owners and managers, but because people who voluntarily took out loans with the agreement they would pay interest, and penalties for certain deviations from loan repayment, just didn't repay the loan principle, interest, and penalties. Those people received undeserved loans because Democrat party leadership and activist ignorant organizations like ACORN forced the issuance against all common good sense.

Who were the bank executives who duped the public, and under your scenario, duped the government? Why aren't there any bank executives being charged or people imprisoned? Duping for financial gain is usually a crime. You know why. The ones who actually enriched themselves with fraudulent investment schemes are high level Democrats and Democrat supporters, hypocritical liberals stuffing their pockets with cash they didn't earn while criticizing everyone else, particularly Bush and Republicans. So I hope you push to have all those dupers imprisoned, because I agree they deserve good long sentences, no matter the party.

  • 2 votes
#1.4 - Fri May 1, 2009 12:31 PM EDT
jbdaad

Our government, our President, our Congress, have set the example for irresponsibility.

@!$%#s been rolling downhill ever since.

  • 2 votes
#1.5 - Sat May 2, 2009 8:43 AM EDT
Reply
Mark3189

These measures were long time coming!!! How nice for all of us.

I just wish it was 21 years of age to get a credit card........ teens default so much on payment, which hurts all of us in the end. Still a great bill.

  • 7 votes
Reply#2 - Thu Apr 30, 2009 11:39 AM EDT
AdipicAcid

I think we may see that it becomes very hard for young people to get that first unsecured card, which might not be a bad thing all told.

  • 9 votes
#2.1 - Thu Apr 30, 2009 11:50 AM EDT
Mark3189

Dittos to AdipicAcid............ Another thought, KEEP credit limits very low on 18-21 yr. old users........ increase it as they show their responseable.

  • 3 votes
#2.2 - Thu Apr 30, 2009 12:07 PM EDT
JoulesBeef

lol i doubt it adipic.. see i lived throught he times when the rates where forced much lower by law..

get a gas card, keep it up for a couple months and then your good.

a huge problem for kids is when they first get to colelge and every single credit company wants to give them a card and most learn very quickly the problems with credit.

heck I constantly complain a credit card company comes here twice a year now and only visits the historically black college and not the normal univercity and hands out fliers for a crappy credit card, that they wil give you a free pizza to sign up for.

yeah sounds really ahrd to get a credit card now.

90% of those at the black college are very poor.. the credit card has high rates and a yearly feee of $40 and yet the line to get a free pizza heads arround the corner.. i bet this a year it will be much much longer.

so it would be a bad thing if these fresh into college poor people had a slightly harder time getting a crappy credit card with too high rates than simply wantign a free pizza?

personally i think the bar can be raised a bit

  • 1 vote
#2.3 - Thu Apr 30, 2009 12:21 PM EDT
NC Obama Supporter

Dittos to AdipicAcid............ Another thought, KEEP credit limits very low on 18-21 yr. old users........ increase it as they show their responseable.

And yet another, treat the cards more like fixed-term loans, i.e. require a high enough payment each month that the card will get paid off eventually.

This way, the cardholder is given some incentive to stop charging things when the monthly payment gets too high. The current practice encourages people to keep spending as long as they can make the miniumum payment.

  • 2 votes
#2.4 - Thu Apr 30, 2009 12:52 PM EDT
whatanoddguy

I remember the first time I went to college, it was in Boston, and there were tables set up all around campus offering t-shirts, movie tickets and sometimes cash to any student who signed up for a credit card. Credit companies will never stop lending to young people, not because they think they can pay but because credit companies want them to default. Thats how they make their money, with interests and fees charged to people who were a "bad risk" in the first place. A college student isn't going to go bankrupt (usually), he'll eventually repay, and pay way more interest than a resposible borrower. It's straight up usury.

    #2.5 - Thu Apr 30, 2009 7:58 PM EDT
    Tacitus13

    If they become law, the new provisions won't take effect for a year, except for a requirement that customers get 45 days' notice before their interest rates are increased. That would take effect in 90 days.

    Well, this is rather worthless. They've already got a bill that goes into effect in July of next year. And yet my credit card company has already decided to ratchet up my interest rate next month. Wish the laws could move as fast as my credit card company...

      #2.6 - Thu Apr 30, 2009 8:56 PM EDT
      AdipicAcid

      not because they think they can pay but because credit companies want them to default.

      And if the rules for what happens when you default change, then the credit card companies won't be making money off of the defaults anymore, ergo they will stop pursuing that strategy.

      You have to remember that bankers are like ill-trained puppies. If you don't hit them with a newspaper every once and while, they crap all over the floor and think they've done a good thing.

      • 1 vote
      #2.7 - Fri May 1, 2009 1:32 PM EDT
      Reply
      jmonarchy

      The banks have permission to steal, whether it is regular banking, lenders or credit card companies. I will say that it is Obama that has taken some steps to provide some equitable fairness.

      • 3 votes
      Reply#3 - Thu Apr 30, 2009 12:08 PM EDT
      janice22

      There's one simple way to make sure they don't steal from you - don't get a freakin credit card. Isn't it that easy. The only way that the cc companies can steal money from you is if you take a loan from them. My credit card has no interest - at all - because I pay it off every month.

      • 3 votes
      #3.1 - Thu Apr 30, 2009 8:12 PM EDT
      jmonarchy

      Likewise, I have 2 cards but use them for my Sunpass tolls and gas and on an occassion I will use it to order a product. Sounds like you and I are not negatively affected by Obama's policies, Janice, but unfortunately whether you blame the economy on Bush or Obama or FDR, many folks don't have jobs, unemployment benefits or any other form of income so they look to using their credit cards to get through these trying times and the predatory nature of the financial institutions employ unfair usery on these folks. They want them to file for bancruptcy protection because the balances are insured and they get instant cash flow.

      • 1 vote
      #3.2 - Fri May 1, 2009 9:01 AM EDT
      jbdaad

      jmonarchy

      They want them to file for bancruptcy protection because the balances are insured and they get instant cash flow.

      And how does that work?

        #3.3 - Fri May 1, 2009 9:05 AM EDT
        Reply
        flyfishva

        Why another year till this would take effect? They(meaning the credit card companies) had no problem getting the higher interests rates in to their computers immediately. People need the help now, not a year from now. This is why I no longer use a credit card-if I can't pay for it now, I am not buying it with the current credit card loan shark rates!

        • 2 votes
        Reply#4 - Thu Apr 30, 2009 12:09 PM EDT
        Caryl S. Foster

        The question of the moment with no answers offered and for which the only correct answer is...... Implement ASAP.

        • 1 vote
        #4.1 - Thu Apr 30, 2009 12:41 PM EDT
        Reply
        RM-691694

        Every card should be a DEBIT card! We really need to learn to avoid using credit cards when we can do so (I know it is hard) but we need to try.

        Also what they should do is stop letting the insurance companies get your credit report for insurance, because if you have money problems, all of the sudden you become a risky driver, and guess what? You will need to pay more for premiums, more money that you do not have. So therefore the month before when you paid your bills you were obviously a better driver, but now that you have less money you are more of a risk. Hammered!!

        So therefore if you are in the hole for money your car insurance company will be happy to help dig your grave, and along with insurance companies also employers and anyone else that does not make a loan.

        There has been a severe loss of privacy of personal issues because of this credit report thing.

        If your are applying for a loan and a bank wants a credit report its OK, but nobody else should have the right to review your credit history.

        • 2 votes
        Reply#5 - Thu Apr 30, 2009 12:15 PM EDT
        Hosethemdown

        Don't we just know that any legislation that makes credit card companies constrain their lending practices is going to result in the need to discriminate against liberals? When credit card companies have to tighten their lending rules and when they in turn demand more consumer responsibility, it will hit the liberals right between the eyes. I can see the parade of the offendeds up there with Obama right now -- "that bad big credit card company wanted me to pay back $5000 I didn't have in reasonable installments. And they are charging me interest. Every month I don't pay, the bigger the bill. How long can I go on not paying before it gets impossible to pay. Someone just has to put a stop to this". "And I can't even get a credit card. They wouldn't let my parole officer vouch for my character and credit worthiness".

        It will be like mortgages, the responsible carrying the full load of the irresponsible.

        • 2 votes
        Reply#6 - Thu Apr 30, 2009 12:29 PM EDT
        janice22

        I am amazed at how easy it has become for everyone to blame the companies that have been loaning them money for years. Sure it's their fault for charging interest and making a profit. They're so evil. Let's destroy them.

        • 3 votes
        #6.1 - Thu Apr 30, 2009 8:15 PM EDT
        Florida_kes

        They're so evil.

        Glad that you have seen the light.

          #6.2 - Fri May 1, 2009 3:07 PM EDT
          Reply
          lambnlions

          If you're caught alive with a Capital Two card, ServantCard, Passport to misery card; you might be a sorry sack, or about to be in that state. All the reforms their claiming are coming was never nor will it ever be intendedto help the poor. I hate to be the Cynic but nothing since Reagan ever done was ever for the people.

          • 2 votes
          Reply#7 - Thu Apr 30, 2009 12:49 PM EDT
          garyray-501488

          Wonderful news to see the corporate war of economic terror on American citizens being abated, at least a little.

          -------peace

          • 5 votes
          Reply#8 - Thu Apr 30, 2009 12:52 PM EDT
          Sunfighter

          Yeah, because they forced you to run up massive debt with plastic.....

          You want to talk terrorism, lets talk about the parasite caste in america that is sucking the last of the wealth and prosperity from the few americans with responsibility left.

          • 3 votes
          #8.1 - Thu Apr 30, 2009 1:37 PM EDT
          garyray-501488

          Yeah, because they forced you to run up massive debt with plastic.....

          Exactly. The corporate war of economic terror includes labor and wage theft as well, there by encouraging more debt.

          Thanks for reminding me.

          ----peace

          • 4 votes
          #8.2 - Thu Apr 30, 2009 2:06 PM EDT
          janice22

          How is lending people money that (1) the want and (2) promise to repay economic terrorism?

          • 1 vote
          #8.3 - Thu Apr 30, 2009 8:19 PM EDT
          Hosethemdown

          Because they were cardboarded (lender torture) until they signed.

            #8.4 - Fri May 1, 2009 9:14 AM EDT
            Reply
            jbdaad

            Credit card reform legislation nears passage

            Retro active and 50% interest...compounded! "Legal Loan Sharks"!!!

            • 3 votes
            Reply#9 - Thu Apr 30, 2009 12:55 PM EDT
            jbdaad

            jbdaad

            Rep. Peter Welch, D-Vt., right, Rep. Maurice Hinchey, D-N.Y., center, and Rep. John Tierney, D-Mass., left, discuss their amendment to the Credit Cardholder's Bill of Rights bill that would cap interest rates on all credit cards at 18 percent on Capitol Hill, Tuesday, April 28, 2009. (AP Photo/J. Scott Applewhite)

            At their rate!

              #9.1 - Fri May 1, 2009 2:16 AM EDT
              Reply
              BeMyJellyfish

              I think that the only thing that this will result in is fewer people being approved for credit cards as well as lower limits for those who are approved. I think that is a good thing, since we have become a nation of borrowers. We use credit cards to pay for everything! We use them to pay for groceries, doctor bills, car repairs, school, vacations and everything else under the sun. They we look at our monthly cash flow and wonder why we don't have any dollars in our pockets!

              I got into this situation in the 1990s. I was married at the time and between the both of us, we had over $60,000 in unsecured credit. We never got up to that level, but the credit was available. As it was, we ended up running it up to about $36,000. We also had rent or mortgage payments, car payments, insurance payments, etc. We had a combined household income of over $100K, we had a modest house with a mortgage payment of $650 a month. Our car payments totalled $450 a month. With that said, I can't remember any big ticket items on the credit cards, just a constant flow of a movie here, dinner out there, some gadget that one of us couldn't live without, etc. Before I knew what hit us, we literally had no cash flow! All of our money was going our monthly credit card bills.

              It is an incidious cycle and until you are able to break free of it, the credit card banks with have you by the "you know what" forever. The only way that I was able to climb out was by selling the house, selling the car and getting one that I paid cash for, and cutting up ALL of the credit cards. I am divorced now, and my income is about half of what it used to be. The great part is that I learned how to live within my means and I actually have savings, and money on hand all the time!

              Take it from me, cut up the cards! You will be a slave to the banks for the rest of your life if you don't. You may have to cut back, do without some things, but in the end, it may just protect you from total financial ruin.

              • 5 votes
              Reply#10 - Thu Apr 30, 2009 12:57 PM EDT
              Perrie

              Jellyfish,

              Best advise you could give anyone! And I would know. I used to be a finacial planner.

              Anyway...I just missed you my love, LOL!

              Perrie

              • 1 vote
              #10.1 - Thu Apr 30, 2009 10:13 PM EDT
              BeMyJellyfish

              Well thank you Perrie :) It's good to hear from you again!

                #10.2 - Fri May 1, 2009 8:37 AM EDT
                Reply
                debrarescuesdogs

                Imagine that. A law against the corporation and for the people.

                Thank you President Obama. We continue on the correct path.

                • 4 votes
                Reply#11 - Thu Apr 30, 2009 1:08 PM EDT
                thinkingaboutit-475441

                This takes effect a YEAR from now??  Did the banks have to wait a YEAR for their bailouts??  Oh yeah, they can stick it to the American people, and make big money off of them for a year.  This is SOMEDAY legislation.  Why are the American people only good enough to sit in the BACK OF THE BUS????  Oh yeah, this is the American government for the CORPORATIONS,  by the CORPORATIONS,  and of the CORPORATIONS.

                • 3 votes
                Reply#12 - Thu Apr 30, 2009 1:22 PM EDT
                Sunfighter

                You people are a joke. You act like these companies FORCED you to use your credit cards..... You act like its their fault that irresponsable americans run up massive debts.

                Heres a tip...if you cant afford something....dont buy it.

                God americans today are just so disgusting, so selfish, uneducated, and irresponsable

                • 1 vote
                Reply#13 - Thu Apr 30, 2009 1:35 PM EDT
                AdipicAcid

                One small problem with your little rant: I am debt-free. Perhaps you overgeneralize?

                • 6 votes
                #13.1 - Thu Apr 30, 2009 1:37 PM EDT
                thinkingaboutit-475441

                For credit card companies to change the rates on good customers with no late payments simply because they can, is usuary. You have it wrong. American COMPANIES are selfish, and irresponsible. Here you say Americans are uneducated, but you mispell the word, "irresponsable" and you forgot to capitalize "americans". Save your sanctimony for church.

                • 4 votes
                #13.2 - Thu Apr 30, 2009 1:58 PM EDT
                Reply
                hvymtl83

                It's a start. The real issue I see is giving people credit cards with poor credit histories and insuffcient capital, and multiple ones at that. Used to be you had to have a good history and earnings to get a card and if you a couple already they wouldn't give you another. Interest rates were low because fewer defaulted. Then the allowable interest rate rules were changed and cc industry learned they could hand out hi interest cards like candy and while quite a few would default, the interest the rest were paying made it profitable. Me? I have a gas co cc that pays me 3% on gas and 1% on other. Now I benefit from the interest that others pay. I use it like you should - 30 days same as cash. "If you ain't got the cash, don't buy the trash." Even when my wife and I were younger, we didn't buy if we couldn't pay it off in two bills.

                • 2 votes
                Reply#14 - Thu Apr 30, 2009 1:54 PM EDT
                Anka-345092

                I keep trying to remember what life was like before credit cards. Oh ya - we lived in reality!

                • 3 votes
                Reply#15 - Thu Apr 30, 2009 8:06 PM EDT
                janice22

                And within our means.

                • 3 votes
                #15.1 - Thu Apr 30, 2009 8:23 PM EDT
                Anka-345092

                Of course, I'm also thinking of a time before 24/7 bombardment of shows and advertisement. Pretty soon folks start to think they need the latest and greatest. It's a bit like brainwashing, don't you think? Corporate America knew exactly what they were doing! (They have psychologists working for them, for cripes sake).

                Yes, evil.

                • 1 vote
                #15.2 - Thu Apr 30, 2009 9:05 PM EDT
                Reply
                S. Elaine Jones

                Excellent for those who need this, but, as for me, I gave those up several years back; all I retained was one for rental cars and flights which is minimal or rare in my new "less is more - been there, done that lifestyle"; and one for serious emergenies and I mean it better be an emergency where no cash can be found for something almost life threatening.

                I have found that if I can't get no-interest deferred billing plan or pay in cash or wait and save; I perhaps don't need or want it anyway, but for those who need this help, this is a good thing. Let's hope it works. The cc companies can suck the life out of many and try to get blood from a turnip in hard times and have no sense of understanding. And we get carried away by the ease of the system. Plus, I've found I get asked for lots less when a cc is in play and I can simply say, I don't have one and I can't afford it; people back off you in their sales gimmicks or requests.

                • 2 votes
                Reply#16 - Thu Apr 30, 2009 10:20 PM EDT
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