Below, CreditCards.com has provided a side-by-side comparison of the pending credit card legislation.
|
Credit card Practice/Issue |
House bill (H.R. 627) |
Senate bill (S. 414) |
|
Official name |
The Credit Cardholders’ Bill of Rights Act of 2009 (H.R. 627) |
The Credit Card Accountability, Responsibility and Disclosure Act of 2009 (S. 414) – or Credit CARD Act |
|
Status |
Cleared the House on April 30 with a 357-70 vote. |
Cleared the Senate May 19 with a 90-5 vote. |
|
Retroactive interest rate hikes |
Banned except when cardholders are more than 30 days late, has a teaser rate or variable rate or if the consumer fails to comply with a debt repayment workout plan. No interest rate hikes during the first year of the card account |
Banned except when cardholders are more than 60 days late paying bills, for teaser or variable rates or if the consumer fails to comply with terms of a workout plan. No interest rate hikes during first year of the card account |
|
Advance notice of changes in terms |
45 days’ advance notice of significant changes in terms |
45 days’ advance notice of significant changes in terms |
|
Promotional “teaser” interest rate periods |
At least six months |
At least six months |
|
Double-cycle billing |
Banned |
Banned |
|
Universal default |
Banned |
Banned |
|
Credit cards for minors |
No card can knowingly be issued to un-emancipated minors under the age of 18 unless a parent or legal guardian is the account holder. Limits college students to one credit card, sets credit limits to a percentage of their incomes and requires parental consent to increase credit limits on joint accounts. |
No credit card for people under the age of 21, unless they have adult co-signers or show proof that they have the means to repay the debts. College students must get permission from parents or guardians to increase credit limits on joint accounts they hold with those adults |
|
Payment allocation |
Payments in excess of the minimum amount owed must first go to balances with the highest interest rates, then to the remaining balances in descending order (highest to the lowest APR) |
Payments in excess of the minimum must first go to card balances with the highest interest rates |
|
“Pay to pay” |
Issuers cannot charge cardholders additional fees to pay their bills via telephone or online, unless it is for expedited service |
Issuers cannot charge fees to make mail, wire transfer, electronic or telephone payments unless it is for expedited payments |
|
Over -limit fees |
Consumers must “opt-in” if they want issuers to allow them to exceed their credit limits and be charged fees for doing so. With some exceptions, fees are limited to once per billing cycle. Bans fees caused by holds placed on the account |
Bans over-limit fees unless consumers elect to allow issuers to approve transactions that exceed the limit. |
|
Due dates |
Users have 21 days to pay bills. Payments received by 5 p.m. on the due date must be considered on time and not subject to late fees. Due dates that fall on weekends, holidays or days when creditors are not open to receive payments must be accepted on the next business day without late penalties |
Users have 21 days to pay bills. Payments received on weekends or holidays must be accepted on the next business day without late penalties |
|
Issuers closing accounts |
30 days’ advance notice before accounts are closed by issuers. The notice must include the reason for closure, the consumer’s options to prevent closure, repayment programs available and information about the potential impact to the consumer’s credit score |
Not covered |
|
Gift cards |
Not covered |
Cannot expire in less than 5 years |
|
Subprime credit cards and fees |
Upfront or account opening fees on subprime cards cannot exceed 25 percent of the available credit limit during the first year of the account |
Account opening and other upfront fees cannot exceed 25 percent of the available credit limit during the first year of the account |
|
Making minimum payments |
Issuers must disclose how long it will take to repay the balance and the total cost, including interest, if consumers make only the minimum payments each month. The monthly payment amount necessary if a card user wants to pay the balance off in 12, 24 or 34 months also must be disclosed |
Issuers must disclose how long it will take to repay the balance and the total cost, including interest, if consumers make only the minimum payments each month. The monthly payment amount necessary if a card user wants to pay the balance off in 12, 24 or 34 months also must be disclosed |
|
Penalties for violations of Truth in Lending Act |
Not covered |
Increases penalties on individuals who violate the act to $5,000 per occurrence |
|
Effective date |
Within 12 months of enactment or by June 30, 2010, whichever comes first. Provision for 45 days’ advance notice of interest rate hikes takes effect 90 days after enactment |
Within 9 months of enactment. Provision for 45 days’ advance notice of interest rate hikes takes effect 90 days after enactment. Provisions for lowering interest rates after six-month reviews, making penalty fees reasonable and extending gift cards to five years take effect 15 months after enactment |
