When I first read the Credit Card Accountability, Responsibility and Disclosure Act, or the CARD Act, I remember shaking my head in disbelief.  I understood instantly that it was nothing more than feel good legislation that allowed Congress to get some good press on bad legislation. 

Turns out I was right.  Since passage of the law, banks and financial institutions have steamrolled customers with increased fees, rate hikes and other costly changes that are pushing many clients into default and even bankruptcy.

According to an article that I read at RedTape Chronicles "Consumer Action says since spring, banks have engaged in arbitrary interest rate hikes, increased fees on balance transfers, added annual membership fees and dramatically raised minimum payment requirements."

There is not a day that goes by when I don't receive multiple phone calls from clients telling me that they could afford the payments a few months ago but the rate hikes and increased minimum payments have pushed them over the edge.  They are asking me for help because the only other option is Bankruptcy.

Here are some of the things I personally am seeing happen:

1.  Minimum payments are being doubled in many cases.  If a consumer was on the edge before, this increase puts them over the tipping point.

2.  In a rush to beat the legislation deadline, Credit Card companies are increasing interest rates, thus raising minimum payments more than would have happened under the legislation.

3.  When clients call for help, they are told - too bad, pay or we will harass you with 25 phone calls a day.

The law was a sham to begin with.  It did nothing to change universal default and in fact didn't change any of the tricks and traps the industry has become known for.  All it did was demand that the credit card companies give 45 day notice if they are going change the terms of the agreement.  There is absolutely nothing in the bill for the consumer and no recourse for the consumer other than to close the account.

Unless we as consumers understand what is happening and fight back, these companies will continue to ruin the financial futures of millions of Americans.  Worse, they will force increased demand for social services as we push people into financial ruin.

I am seeing people who have lost their jobs using retirement income to keep current on credit cards.  They are refusing to work with customers in hardship until after the credit is already ruined. 

I don't know what the answer is, because Congress is in bed with these companies. Here is what I want to see happen:

1.  Eliminate the use Universal Default  immediately

2.  Regulate the use of FICO scores to new credit only.  There is no reason that FICO scores need to be viewed by potential employers or other creditors unless new credit is being applied for or the job requires security clearance.

 

I am Kate Bourland. I help my clients get out of debt, get loan modifications and establish a debt free lifestyle. We Guarantee our Loan Modifications. You can reach me at 530-419-3967.

http://www.katebourland.com

 
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15 Comments on The CARD Act Has Backfired - It's Forcing People into Default and Bankruptcy

OCT
01
161,632 Points 9 Featured Posts Localism Sponsor

Kate - I personally know so many people going into bankruptcy that it seems to me that the days of credit cards are over.  We are turning into a cash economy.  I don't know what the credit card companies are thinking, but when they force people into Chapter 7 they don't get a dime.  It seems like a short-sighted strategy on their part.  I thought Obama would be helping those of us in the middle-class who got caught short by this economic downturn, but I don't see the loan modifications working and I see more and more people giving up and turning to Chapter 7 bankruptcy.

9:02pm • #1
598,940 Points 82 Featured Posts Localism Sponsor Outside Blog Hit Router

Kate...

I have had to close several accounts to avoid dramatic rate hikes ... this was probably some of the worst legislation ever written.

9:29pm • #2
124,017 Points 4 Featured Posts

Gail, good to hear from you.  It seems so short sited that one has to wonder if there is a bigger agenda.   I can't figure out how this benefits anyone though.  Either this is a very stupid industry or a very patient one, not sure which it is.

10:57pm • #3
124,017 Points 4 Featured Posts

Hi Richard, I think that there is a theme here.  Its seems that all legislation written these days is horrible.  Sad thing is that most people won't realize what has happened until it's too late.

Thanks for stopping by!

10:58pm • #4
594,913 Points 34 Featured Posts Localism Sponsor Outside Blog Hit Router

Congress never seems to grasp the idea of unintended consequences...  In this case, maybe they really want people to be upside-down becuase then they can rush in to "help" some more.

11:05pm • #5
OCT
02
1 Featured Post Localism Sponsor

Hi, Kate.  It seems that Congress did it again--its cure is worse than the disease.  Perhaps they didn't read the bill?

12:35am • #6
124,017 Points 4 Featured Posts

Lane I agree.  It's as if the bills being passed are for nothing mre than immediate media play - I gues they figure that most people won't pay attention and that they will get re-elected for the effort.  Seems to me that quality should count!

1:25am • #7
124,017 Points 4 Featured Posts

Hi Yolanda, well the disease was pretty bad, but the hospital made it worse.   Apparently they didn't read it - after all we now get to carry guns in National Parks.  Still don't get the correlation on that one.  Credit Card Legislation - Guns in National Parks  - let's slip this controversial stuff into an already awful bill. 

1:28am • #8
342,326 Points 4 Featured Posts Outside Blog

Kate - fortunately, I pay off my credit cards every month, have done that for over 15 years. But I do understand the impact on those that don't, or can't. It was very poorly written legislation (but hey, that's par for the course). If congress really wanted to address credit issues they would have legislated after the supreme court decisions about credit cards in the 70's and the 90's that resulted in tremendous interest rates and abominable fee structures.

12:45pm • #9
124,017 Points 4 Featured Posts

Hi Mike, you are right, this problem goes back to the 70's when we first started deregulating the banking industry.  In todays market, It's a double whammy because many people have had to live on credit card for basic expenses during this recession.  Most of my clients are not spend thrifts, they are just trying to survive.  Millions of people are falling through the cracks and Congress doesn't have a clue.  

12:53pm • #10
284,229 Points 1 Featured Post Outside Blog

Kate, the new rules for the CC industry don't take effect till after the first of the year.  I'm hoping they will give us some relief.  I'm fortunate enough to be able to tell my CC companies when they unjustifiably jack up my interest rate to KMA!  I only have one active card now and they've told me that my interest will now be prime +.  Prime plus what?  They too will get my KMA letter when the interest rate gets out of line and I will become a cash only person.  They think they are serving their own interests, but I would imagine that people like me, whom they lose will eventually balloon and then where will their profit margin come from?

2:26pm • #11
342,326 Points 4 Featured Posts Outside Blog

Kate - it was actually 2 supreme court decisions, the one in the 70's that basically eliminated state usury laws and in the 90's that declared that fees could be treated like interest and again were not subject to usury laws. In the over 30 years since, congress has done nothing to remedy it. Banking deregulation had very little to do with the issue. But yes, congress does have a clue, it just doesn't care.

4:16pm • #12
124,017 Points 4 Featured Posts

Terry, a portion of the laws went live in July and the rest go live in February.  That said, the credit card companies are doing everything they can now to sidestep the legislation.  My phones have been ringing off the hook since July with people who can no longer afford to make minimum payments.  It's completely counterintuitive.

 

Mike, thanks for the clarification.  I was under the impression that much of what we are seeing goes back to the 1978 financial deregulation.  I'll go do my homework on the Supreme Court Decisions.

7:34pm • #13
342,326 Points 4 Featured Posts Outside Blog

Kate - that 1978 decision is being called deregulation, which it became, de facto.

10:29pm • #14
124,017 Points 4 Featured Posts

Mike, it was that 1978 decision that changed the financial course of America.  It laid the foundation for what we are experiencing today!

10:41pm • #15

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Kate Bourland Empowering America to Live Debt Free

Redding, CA

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Financial Solutions Inc.

Address: 1123 Hilltop Drive Drive, Redding, CA, 96002

Office Phone: (530) 419-3967

Cell Phone: (530) 209-2812

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This Blog is my voice on the political, financial and social implications of debt. My goal is to encourage my readers to think outside their own personal reality and to challenge the social and political truths we have been taught about money, finance and our "free market" economy.


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