Momentum Builds for Credit Card Reform

by: Demos

Sat Apr 25, 2009 at 14:30


(Here's the promised diary from Demos in tandem with my previous diary - promoted by Paul Rosenberg)

By Caleb Gibson

In remarks made at a summit in Trinidad and Tobago this past weekend, National  Economic Council director Larry Summers teed up what has turned out to be a very active week in the credit card reform arena. Summers told NBC’s David Gregory that President Obama would be "very focused in the very near term on a whole set of issues having to do with credit card abuses."

He wasn't kidding.

Thursday, Obama, Summers, Treasury Secretary Timothy Geithner and White House senior advisor Valerie Jarrett held a "pow-wow" with over a dozen executives from the major credit card issuers and networks to discuss lending practices that have roiled consumers and lawmakers.

(Some have compared this meeting to being called to the principal's office or taken out to the woodshed. One Republican credit card lobbyist told POLITICO, "the companies will get the s*** beat out of them by the President and Summers."  We consumer advocates would love to get that much attention from the White House.)

But before the White House got their chance to let the credit card companies have it, the industry came under fire from at least three other federal entities.

Demos :: Momentum Builds for Credit Card Reform

On Tuesday, the Congressional Oversight Panel--created by Congress to oversee the TARP program--heard from Geithner himself on accountability and transparency in the taxpayer-funded financial bailout. The panel's chair, Harvard Law professor Elizabeth Warren, pointedly observed that the first quarterly profits in the financial sector in recent memory just happen to coincide with a spike in complaints of juiced up fees and interest rates hikes for millions of borrowers in good standing.

The next day, the House Financial Services Committee reported out the Credit Cardholders Bill of Rights Act (H.R. 627), legislation that would outlaw many of the most egregiously unfair credit card lending practices. The bill was approved by a vote of 48-19, with nearly a third of the panel's Republicans supporting the measure.

And not to be left out, just hours before yesterday's Obama-banker summit, two senior Senators called on federal regulators to invoke emergency powers to freeze interest rates on existing credit card balances. In a letter, Sens. Charles E. Schumer (D-NY) and Christopher Dodd (D-CT) implored Federal Reserve Chairman Ben Bernanke and the heads of other regulatory agencies to implement immediately a rule that would provide many of the same consumer protections as H.R. 627, but is not scheduled to take effect until July of 2010. With next year's deadline looming, the Senators wrote, banks are scrambling to shake down their customers while it's still legal. Noting that the Fed has taken bold steps to ease the rules for foundering financial institutions, they asserted that "it is long past time for the regulatory agencies to act with the same sense of urgency to protect consumers from the behavior of those same financial companies."

The common theme in Warren's questioning and the Schumer/Dodd letter is not to be missed.

As the consequences of the subprime meltdown spread, banks are openly increasing interest rates and fees on their credit card customers in order to cover losses in other areas.  And as Demos' Vice President of Policy and Programs Tamara Draut pointed out in the Washington Times yesterday, the practice of re-pricing has become completely uncoupled from customers' risk profiles. The only reason this is possible is because in the absence of almost any regulation, issuers have tilted the playing field heavily in their favor.

Demos' research shows that inequitable credit card underwriting practices have shifted the cost of credit to individuals least able to afford it, while at the same time generating some of the highest profits in the entire banking sector. Low-income families and households of color, primarily African Americans and Latinos, bear the brunt of the cost of credit card deregulation through excessive fees and high interest rates.  While one in four low- and middle-income households pay annual percentage rates (APRs) of 20 percent or higher, nearly a third of African Americans and Hispanics had APRs over 20 percent, compared to one fifth of whites.

Industry lobbyists argue that now is a "bad time" to level the playing field in the credit card market. As they endeavor earnestly to jumpstart consumer lending, new protections for borrowers, they say, would force them to restrict credit across the board-cut it off altogether for some-and increase interest rates for everyone. This argument is hard to swallow when the fed funds rate is hovering around zero, the prime rate sits at an all-time low of 3.25% and American households are seeing their rates jacked up, their credit limits slashed. At Wednesday's Financial Services mark-up, Rep. Brad Miller (D-NC) said the industry was crying wolf. He might have been more sympathetic, he said, if he hadn't been hearing the same arguments for the entire six-and-a-half years he'd sat on the Committee.

And it looks like Miller's not the only one getting tired of hearing the same-old-same-old from the industry.  Press photographers caught Summers's eyelids getting heavy in the middle of the sit-down with credit card execs.  It's not exactly "beating the s***" out of them," but it sends a message: enough already. "The days of any-time, any- reason rate hikes and late-fee traps have to end," declared Obama after the meeting.  When asked about the dual goals of protecting consumers and enabling a profitable market for the banks, the President responded, "We think that it's been out of balance." This week, at least, it looks like a whole lot of folks would agree.


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This Has Been A Very Promising Week, Indeed (4.00 / 3)
Getting 1/3 of Republicans to do the right thing in spite of themselves hasn't happened on anything major I can think of since at least 1994, maybe 1992.

The scent of brimstone is in the air.  It's our job to make sure it keeps circulating, and their nostrils remain wide open in fearful anticipation.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


Great interview with Thomas Geoghegan on the credit card issue: (4.00 / 1)
The Obama administration unveils its $1 trillion plan to buy toxic assets from banks and restore the financial system. But should we return to the way it was? We speak with Chicago lawyer Thomas Geoghegan about his new Harper's Magazine cover story, "Infinite Debt: How Unlimited Interest Rates Destroyed the Economy." Geoghegan writes, "We dismantled the most ancient of human laws, the law against usury, which had existed in some form in every civilization from the time of the Babylonian Empire to the end of Jimmy Carter's term."

http://www.democracynow.org/20...

now is a "bad time (0.00 / 0)
Now is always a bad time for them.

I have credit card debt and both cards are Chase cards (4.00 / 2)
I have been hit with late fees etc. So when the bailout occurred before the election I just sent them my bill and said I had forwarded it to my Congress critters for a bailout and was awaiting their answer. As soon as I got it I would send it to them. I had been in debt consolidation as I felt I had a responsibility to pay off the debt I had incurred. But the bailout ended that. I wasn't going to be a chump for them.

So I have been billed, pleaded with, offered terms, etc and last week they sent a letter offering to cut the amount in half. Yes they slashed it in half. It was tempting but I persevered and didn't answer. I have not communicated with them at all.

So hold tight and you will be offered a deal. Better than the debt consolidation people got for me. Or maybe they did and kept the difference?

I am waiting to see their next move.


some things to keep in mind (4.00 / 1)
You may know this already, but it's worth pointing out.

If you accept an offer to settle the account for a lesser amount, it will remain a negative mark on your credit for 7 years from the date of the last payment you make to Chase. But you won't be sued. However, the difference will be reported to the IRS and will be considered income.

If you do not settle and the account is charged off, they will continue to report the unpaid account to your credit reports for 7 years from the date of your last payment. And they may sue you.

I'm not making any recommendations. I'm in a similar boat. Chase is killing me.


[ Parent ]
Yes I do know but thanks for the info as it is important to have it written here (0.00 / 0)
But my credit is shot and they can't get anything in assets from me. In MO they can garnish wages (still my god) but I don't work for anyone.

It is nothing short of amazing how much law you need to know to survive their crap. Maybe we should publish law diaries on this stuff. I used to at dkos to help people with mortgages in 07 but got run off by the brownshirts over there.

Now people with derivative mortgages are fighting as no one now holds the damn mortgage so no one can foreclose. And the promissary notes have been sold separately and they can't get them back without buying them back.


[ Parent ]
I would be for such a punitive tax / regulation scheme (0.00 / 0)
that credit card companies could no longer operate. They are a failed experiment. The time-honored save-then-purchase model made for a much more moral society. We have to get back to that.

Yep, I'm with you... (0.00 / 0)
This whole thing is making Dave Ramsey look like a genius.  

The time-honored save-then-purchase model made for a much more moral society. We have to get back to that.

The borrower is slave to the lender baby!  


[ Parent ]
You're A Real Baby-With-Bathwater Kind Of Guy (0.00 / 0)
No more mortgages either, I suppose?

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
What's the matter with you recently, Paul? Stay cool! (0.00 / 0)
The other Paul maybe made a provocative statement, but its not totally unreasonable. Life without credit card companies is possible! Just imagine banks issuing deposit cards instead (no negative balance allowed), and people having to get credit the old fashioned way. This would do wonders for the saving rate in the US! although I think it wuld be a bit counterproductive rigt now. If people reduce their spending right now in such a big scale, this would bring the economy even further down. But in the long run, it's a good idea!

[ Parent ]
For sure you aren't going to have a worldwide economy without them (0.00 / 0)


[ Parent ]
Without "credit" cards? Excuse me pls, here in Europe only few use them! (0.00 / 0)
So, living without Visa or NasterCard shouldn't be much of a problem. For "cashless" transfers of moneys, deposit cards with no negative balance allowed would be a good substitute, with only small inconveniences for the individual. But this would lead to desirable positive effects on the savings rate in the long run, so this is something that should be seriously considered.

[ Parent ]
Good idea. That's what I use now. (0.00 / 0)
You have only a certain amount guaranteed in the account.

[ Parent ]
Considering the price of some necessities (0.00 / 0)
I don't know how feasible that would be, realistically. However, if we had a serious micro-lending structure in the US, it might not be that unreasonable to make credit cards largely a thing of the past.

[ Parent ]
All of the measures currently under consideration. . . (4.00 / 2)
are too little too late.

Freezing balance rates? The credit card issuers have already pushed through the lion's share of rate hikes. The damage is already done. And the resulting consumer defaults and bankruptcies will be coming shortly. The only things that will offer relief at this point are rollbacks and rate caps. And I'm not delusional enough to believe Congress has any interest (pardon the pun) in going down that road.

Nearly every penny of consumer benefit from the stimulus is going straight into increased consumer debt payments and not into the general economy. The banks are raping America at both ends and the economy is not going to recover until that stops.


And it is going to stop (0.00 / 0)
and we are all going to be living in dirt huts.

[ Parent ]
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