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Congress Looking At Credit Card Issues

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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

Senate Clears Way For Passage Of Credit Card Bill

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WASHINGTON – The Senate has cleared the way for a final vote on prohibiting credit card companies from arbitrarily raising an individual’s interest rate and charging many of the exorbitant fees.

With the House on track to endorse the measure by week’s end, President Barack Obama could see a bill on his desk by the end of the week.

If Obama signs the bill as expected, the credit card industry in the next year would have to change the way it does business.

Lenders would have to post their credit card agreements on the Internet and let customers pay their bills online or by phone for free. They’d also have to give consumers a chance to spare themselves from over-the-limit fees and give them 45 days notice and an explanation before interest rates are increased.

NC May Need To Borrow Money For Jobless Benefits

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RALEIGH, N.C. – North Carolina has paid out so much in unemployment benefits that it may have to borrow from the federal government as early as next week to keep benefits flowing, an official said.

Deputy commission chairman David Clegg said the unemployment insurance fund had dropped to little more than $16 million Monday because more people can’t find jobs, The News & Observer of Raleigh reported Tuesday.
  
North Carolina has a $540 million credit line with the federal government. The state would have until October to repay the money without paying interest.
 
“We’re making the same type of decisions that any large corporation on this planet makes,” Clegg said. “You just have to make these decisions. This is not a time to get squeamish. You just forge ahead.”

The state paid $160 million in unemployment benefits in December.

North Carolina has nearly 400,000 unemployed workers. The jobless rate was 8.7 percent in December, the highest since 1983.
  
Clegg says not only are more people without jobs, but it’s taking them longer to find work.

State officials are processing $100 million in quarterly unemployment tax payments from about 200,000 businesses that will be used to pay benefits. Clegg said the state still may need to borrow from the federal credit line.

North Carolina last tapped the credit line in 2002.

If the state can’t repay the loan by fall, it would issue special tax anticipation notes to borrow money. Clegg said the state also will get more tax payments in April and July, noting that April usually is the largest.

Federal economic stimulus payments also may help the unemployment fund, he said

“I think they’re going to enhance unemployment insurance benefits because it’s the fastest way to get money into the economy,” Clegg said.

Key Senator Asks Regulators To Report

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WASHINGTON – The head of the Senate Banking Committee on Tuesday asked regulators to report frequently to the panel on their progress to improve fraud detection after their failure to discover the multibillion-dollar pyramid scheme allegedly hatched by disgraced financier Bernard Madoff.

At a hearing, Sen. Christopher Dodd, the Connecticut Democrat who is the committee’s chairman, closely questioned the enforcement director of the Securities and Exchange Commission and another SEC official as well as the interim chief executive of the Financial Industry Regulatory Authority, the securities industry’s self-policing organization.

“What’s happened here?” Dodd asked. He said he wanted action “very quickly in this area.” He asked the regulators to report every three months to the committee on improvements they were making.
  
Linda Thomsen, the SEC’s enforcement director, said the agency is committed to finding ways to bolster fraud detection after its breakdown in the Madoff case. While the agency needs to improve its internal processes for pursuing cases, she said the SEC also needs authority to regulate parts of the financial system that escape oversight and more funding to carry out more investigations.

“While we always do our utmost to do more with less, if we had more resources, we could clearly do more,” Thomsen testified at the hearing, which was Congress’ first opportunity to question federal regulators responsible for inspecting investment firms and taking enforcement action against fraud.

Lori Richards, who heads the SEC’s inspections office, said agency officials are thinking “expansively and creatively” about changes that could improve the detection of fraud.

But Sen. Richard Shelby of Alabama, the banking panel’s senior Republican, said that generally in cases of failure, regulators’ natural reaction “is to cry lack of resources.”
 
The SEC has faced heavy criticism over its failure to discover the $50 billion Ponzi scheme allegedly run by Madoff, the prominent Wall Street figure and money manager now fallen into disgrace – despite credible allegations against him that were brought to the agency over the course of a decade. Against the backdrop of the worst financial crisis since the 1930s, the SEC also is accused of contributing to that disaster with lax oversight of Wall Street and the markets. Lawmakers of both parties are calling for a shake-up of the agency to help restore investor confidence.

Also appearing before the banking panel Tuesday was Stephen Luparello, the interim chief executive of the Financial Industry Regulatory Authority, the securities industry’s self-policing organization.
  
Dodd recently asked Mary Schapiro – President Barack Obama’s newly confirmed chairman of the SEC – about the failure of the industry regulatory organization to detect the alleged Madoff fraud in its inspections of his brokerage operation. Schapiro, who has led FINRA since 2006, said that the matter went undiscovered because the scheme was carried out through Madoff’s investment business and FINRA was empowered to inspect only the brokerage operation.

Christopher Cox, then the chairman of the SEC, last month pinned the blame on the agency’s career staff for the failure since at least 1999 to detect what Madoff was doing. He ordered the SEC’s inspector general, H. David Kotz, to determine what went wrong. Kotz told a House hearing recently that he was expanding the inquiry to examine the operations of the divisions led by Thomsen, who has been the enforcement chief since mid-2005, and Richards, who has held that position since mid-1995.
 
Kotz has also been examining the relationship between a former SEC attorney, Eric Swanson, and Madoff’s niece, Shana, who are now married. As an SEC attorney, Swanson was part of a team that examined Madoff’s brokerage operation in 1999 and 2004. Neither review resulted in any action against Madoff, a former chairman of the Nasdaq Stock Market who was a member of SEC advisory committees.
  
Lawmakers say Madoff’s alleged fraud, which caused massive damage to investors large and small around the world and may be the largest pyramid scam in history, reflects deep, systemic problems at the SEC.

Six weeks after Madoff’s arrest in New York, thousands of victims who lost money investing with him have been identified – including ordinary people and Hollywood celebrities – as well as big hedge funds, international banks and charities in the U.S., Europe and Asia.

Report: Both Candidates Increase Health Coverage

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WASHINGTON – John McCain’s health plan would reduce the ranks of the uninsured by about 21.1 million people if fully implemented by 2010, while Barack Obama’s would reduce the number by 26.6 million, a new analysis predicts.

Some previous reviews of the two presidential candidates’ health plans indicated that Republican McCain’s proposals would amount to little more than a wash when it comes to the number of uninsured in the United States, now at about 45 million. However, The Lewin Group, a consulting firm, drew a more optimistic scenario about the overall number of people who would get health coverage under McCain’s plan.

The cost for both candidates’ plans are enormous. McCain’s plan was projected to cost more than $2 trillion from 2010 through 2019. Democrat Obama’s plan would cost $1.17 trillion. Neither candidate provides specifics on how to cover the costs, The Lewin Group said.
 
The firm released its analysis Wednesday.

McCain has proposed two distinct changes to the current system. The first is a tax credit of $2,500 for individuals or $5,000 for a family that buys health insurance. The credit would replace the tax break people now get for obtaining health coverage through their work. Second, McCain calls for letting people shop across state lines when buying insurance, essentially letting millions bypass states where insurance is more expensive and comprehensive.
 
The Lewin Group agreed that many workers would lose their employer-sponsored health coverage under McCain’s plan. That’s because some firms would discontinue coverage if most of their workers can use the tax credit to get coverage elsewhere. In all, about 16 million would lose coverage, the firm said.

However, some firms would begin offering health insurance for the first time, partially offsetting those losses. In particular, firms with younger workers would benefit from McCain’s proposal to let them shop across state lines, said John Sheils, the firms’ senior vice president. They would find that lower premiums made it possible to offer a health insurance benefit.

Also, nearly 24 million people would use the tax credits McCain has proposed to buy coverage directly from insurers through the individual market.

About half of the nation’s uninsured adults are ages 19-34. They are the youngest and cheapest to cover, and they are the ones that would generally gain coverage under McCain’s proposal, Sheils said.

“The people who are sick are going to have a lot of trouble affording coverage, even with the credit,” Sheils said.

Sheils said Obama’s plan is friendlier to those with chronic health conditions. It will cover about half of the uninsured with chronic conditions, such as diabetes. Meanwhile, McCain’s plan will cover about a quarter of the uninsured with a chronic condition.

Obama’s plan would expand health insurance coverage through public programs such as Medicaid and the State Children’s Health Insurance Program. He requires all children to have health coverage. In all, about 16 million people would gain coverage through those programs. Another 10 million would use government subsidies to buy insurance coverage.

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