CFSL Bulletin The latest Consumer Financial Services Litigation news, developments, and legal thinking

Tag Archives: Credit Card Accountability Responsibility and Disclosure Act

Barney Frank: The Credit CARD Act Is Working

Posted in Credit CARD Act

Today — the first day that many of the key provisions of the Credit CARD Act go into effect — Representative Barney Frank, chair of the Financial Services Committee, issued a press release in which he claims the Act is working and credit card holders are reaping the benefits. In support of the claim, Rep. Frank links to a PDF of a couple of letters from credit card companies. Representative Frank’s press release is reproduced below:

Washington, DC – Today, Financial Services Committee Chairman Barney Frank (D-MA) released the following statement on the Credit Card Accountability, Responsibility and Disclosure (CARD) Act, and commented on the following letters that credit card companies have been sending to their customers as a result of the new law’s implementation.

“These letters indicate that Americans are now seeing the benefits of the CARD Act. It was unfortunately the case that some banks tried to game the system after we passed the bill into law, but their actions provide further evidence of our need for a Consumer Financial Protection Agency. While the House did pass a bill to speed up the implementation date of the CARD Act, there was an inevitable delay in the legislative process and Republican objections in the Senate blocked the bill. Had the CFPA been in existence we could have moved right away to block the banks’ egregious actions.”

In May, President Obama signed into law the Credit CARD Act, historic legislation that will protect consumers from deceptive credit card practices and equip them with the information and rights they need to responsibly manage their credit. Today, most of the key reforms are set to go in to effect, including prohibition of arbitrary interest rate increases and interest charges on debt paid on time (double-cycle billing ban).

For more information, click here.

Supreme Court Watch: Chase Bank v. McCoy

Posted in Truth in Lending Act

Today, the United States Supreme Court invited the Solicitor General to file a brief expressing the Government’s position on Chase Bank USA, N.A.’s (“Chase”) cert petition with the following question presented:

When a creditor increases the periodic rate on a credit card account in response to a cardholder default, pursuant to a default rate term that was disclosed in the contract governing the account, does Regulation Z, 12 C.F.R. § 226.9(c), require the creditor to provide the cardholder with a change-in-terms notice even though the contractual terms governing the account have not changed?

The Ninth Circuit held that Regulation Z requires Chase to issue a notice, even though the new rates were based on consumer default. Judge Cudahy, sitting by designation from the Seventh Circuit, dissented.

Even though a decision in this case will likely not have a great impact on future cases because of the Credit CARD Act, it will have definitely impact many current pending cases. We will keep you apprised as to whether the Supreme Court grants the cert petition.
 

Federal Reserve Issues Credit Card Act Regulations

Posted in Credit CARD Act

The Federal Reserve Board issued final rules yesterday amending Regulation Z and implementing certain provisions of the Credit Card Accountability and Disclosure Act of 2009. Most of the rules are effective February 22, 2010. A couple are already in place. The final rules are more than 1500 pages long counting the commentary, but are summarized in the Fed’s press release. Click here to see the release. These are the 15 high points:

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Debt Settlement Firm Offers “Rate Jacking” Story Contest

Posted in Credit CARD Act

Calling the current political climate “pro-consumer” is perhaps stating the obvious. But when does capitalizing on the resulting rhetoric and negative sentiment go too far? How about a “Contest For Consumers Who Were Rate Jacked in 2009,” with the grand prize of free debt settlement services?

Debt settlement company Consumer Recovery Network, a self-proclaimed “ethical, consumer-friendly debt settlement firm,” has initiated a contest for “consumers who were rate jacked by their credit card companies in 2009,” inviting them to share their “rate jacking stories with it for the opportunity to win free debt settlement services from the company.” The contest is supposedly ”a way to celebrate” the provisions of the Credit Card Accountability Responsibility and Disclosure Act that become effective on February 22, 2010.

Read more about the contest here in the company’s press release on the topic.
 

Class Action Suit Filed Against Citibank Over Increased Annual Percentage Rates

Posted in Credit CARD Act

On Tuesday, a putative class of plaintiffs filed a Complaint in the federal district court of Rhode Island against Citibank, alleging that Citibank is illegally raising annual percentage rates (“APRs”) before the effective date of the Credit Card Account and Responsibility and Disclosure Act of 2009 (“Credit CARD Act”).

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Proposed Accelerated Credit CARD Act Reforms Headed To Senate

Posted in Credit CARD Act

The House of Representative has approved legislation that will move up the effective date of many reforms under the Credit Card Accountability, Responsibility, and Disclosure ACT (“Credit CARD Act”) that were scheduled for implementation in February and August next year. In August of this year, the Credit CARD Act began requiring credit card providers to send statements at least 21 days in advance of the payment due date, provide heightened notice of increases in interest rates or other changes in significant terms, and inform their customers of the right to cancel a credit card before rate hikes or other significant changes go into effect.

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Senator Chris Dodd Introduces New Bill To Immediately Freeze Credit Card Interest Rates

Posted in Credit CARD Act

Senate Banking Committee Chairman Chris Dodd introduced a bill today that seeks to freeze interest rates on existing credit card balances. The Credit Card Accountability, Responsibility, and Disclosure Act (the “Credit CARD Act”), passed by Congress in May, currently allows interest rate increases on existing balances under limited circumstances. The new bill, if passed by Congress, would force credit card companies to freeze rates on existing balances until the remaining provision of the Credit CARD Act go into effect in February 2010.

Dodd’s new bill comes just days before the House of Representatives is expected to vote on accelerating to December 1, 2009 the new rules under the Credit CARD Act.