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When is a credit card not a consumer credit card?

People who hate financial institutions who depend on misdirection and bury the terms and conditions in the footnotes are often justified in believing that financial institutions, be they banks or brokerages, have a vested interest in your welfare and success.

The answer to the title question: when is a credit card not a credit card …

When it is a “professional credit card” that is not subject to the recently-passed consumer credit card protections:

(Excerpt)

What your credit card company has to tell you:

  • When they plan to increase your rate or other fees. Your credit card company must send you a notice 45 days before they can
    • increase your interest rate;
    • change certain fees (such as annual fees, cash advance fees, and late fees) that apply to your account; or
    • make other significant changes to the terms of your card.
  • No interest rate increases for the first year. Your credit card company cannot increase your rate for the first 12 months after you open an account. There are some exceptions:   
    • If your card has a variable interest rate tied to an index; your rate can go up whenever the index goes up.
    • If there is an introductory rate, it must be in place for at least 6 months; after that your rate can revert to the "go-to" rate the company disclosed when you got the card.
    • If you are more than 60 days late in paying your bill, your rate can go up.
    • If you are in a workout agreement and you don't make your payments as agreed, your rate can go up.
  • Increased rates apply only to new charges.  
    • If your credit card company does raise your interest rate after the first year, the new rate will apply only to new charges you make. If you have a balance, your old interest rate will apply to that balance.
  • Payments directed to highest interest balances first. If you make more than the minimum payment on your credit card bill, your credit card company must apply the excess amount to the balance with the highest interest rate. There is an exception:
    • If you made a purchase under a deferred interest plan (for example, "no interest if paid in full by March 2012"), the credit card company may let you choose to apply extra amounts to the deferred interest balance before other balances. Otherwise, for two billing cycles prior to the end of the deferred interest period, the credit card company must apply your entire payment to the deferred interest-rate balance first.

Some good sources of information:

Federal Reserve Board (Rules Effective 2/22/2010)

Federal Reserve Board (Rules Effective 8/22/2010)

Warning: Professional Cards …

We posted a warning that many financial institutions are creating so called “professional cards” aimed at professional individuals and small businesses that may not be subject to the laws that apply to ordinary consumer credit cards. Or, in other words, the financial institutions are free to abuse you with:

(1)  imposing interest rates with little or no warning and without the necessity of supplying a reason for the change. The simple act of making a purchase or paying your bill reaffirms your commitment to the institution’s unilateral agreement.

(2)   imposing up to a 30% interest rate should you fall behind on your payments for more than 60 days. Considering the needs of small businesses, it is likely that many will consider this usurious rate acceptable rather than the alternative: going out of business. A fact which has not escaped the attention of the financial institutions as they design their credit card programs. Truth-be-told, they really don’t care either way. Yes, they would prefer a continuing payment stream – but the reality is that they still obtain transaction fees from the merchants and may be making money by securitizing your credit card debt and selling it to third parties who will assume the risk of defaults.

(3) telling you up-front that they will do everything in their power to milk your account for interest and fees. Specifically arranging payment algorithms so that your lower cost credit amounts are paid before the higher cost credit amounts – thus maximizing their return on their investment. This is analogous to a bank that is arranging to pay off your largest checks first, thus guaranteeing that the multiplicity of smaller unpaid checks will generate a larger number of “non-sufficient funds” fees. 

Here is the real language from a prominent disclosure …

Rates, fees, and terms may change:

We reserve the right to change the Account terms (including the APRs) at any time for any reason.

Any APRs for this offer are not guaranteed; APRs may change to higher APRs, fixed APRs may change to variable APRs, or variable APRs may change to fixed APRs.

Any changes will be in accordance with your Business Card Agreement. If your payment is over 60 days late, we may apply a default rate of up to 29.99% (the Prime Rate plus up to 26.99%, but not more than 29.99%) to your Account.

Prime Rate: Variable APRs are based on the 3.25% Prime Rate as of 2/22/2010.

TERMS & CONDITIONS

Authorization: When you ("you", "your" means the owner, officer, or partner of the company with the authority to bind the company to the terms & conditions of this offer and the Business Card Agreement, and who is agreeing to the terms on their own behalf and that of the company) respond to this credit card offer from [bank deleted], you agree to the following:

  1. You authorize us to obtain business and consumer credit bureau reports in connection with your request for an account. If an account is opened, we may obtain credit bureau reports in connection with extensions of credit or the review or collection of your account. If you ask, we will tell you the name and address of each credit bureau from which we obtained a report about you.

  2. If an account is opened, you will receive a Business Card Agreement with your card(s). By using the account or any card, authorizing their use, or making any payment on the account, you agree to the terms of the Business Card Agreement.

  3. You authorize us to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs.

Rates, fees, and terms may change: We have the right to change the account terms (including the APRs) in accordance with your Business Card Agreement.

Bottom line …

In spite of all those smiling faces warmly welcoming you into the family, the truth is much more dramatic.

You are a number to be tracked by computer to maximize your value to the bank.

You will not see those friendly smiling faces as you face problems, you will, in all likelihood, be dealing with a stressed call center employee whose job is conditioned on extracting money from troubled people, denying that the bank has made significant and serious errors and is actually incentivized to push you to ignore your other obligations in favor of the bank.

Financial institutions and their regulatory agencies on the local, state and federal level believe that disclosure is tantamount to a rattlesnake warning. They have warned you about the terms and conditions and, in good faith – perhaps believing adverse circumstances will not occur – accepted by the accountholder.

In the final analysis, money is a commodity and is fungible – that is there is absolutely no difference in the money used to satisfy your obligations. And since it is a commodity, it is beneficial for you to obtain credit at the best rates, terms and conditions – ignoring the happy talk.

Perhaps the best advice that can be given comes from the Better Business Bureau: “Investigate Before You Invest.”

Take care of yourself and your family first.

-- steve


“Nullius in verba”-- take nobody's word for it!
"Acta non verba" -- actions not words

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell

“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar

“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS

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