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Friday, May 01, 2009
Horace Cooper :: Townhall.com Columnist
Credit Card Restrictions Threaten Liberty
by Horace Cooper
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For some Americans credit cards are a remarkably useful financial tool which improves their lives and those of their families. For others they are the equivalent of handing a bottle of bourbon to an alcoholic.

Whether the law makes one assumption over the other is the difference between control and liberty. Particularly during an economic downturn, all Americans should be sensitive to the temptation to trade liberty for control. Why? Because during economic hardships those who prey upon our fears find it is easier to persuade us to accept greater government control over our lives in exchange for the security they offer.

In an ideal world credit card companies would loan money for nearly no interest and allow an unlimited time to pay it back. Of course in that ideal world the card would be issued by “Grandma Express.” Curiously, in the real world credit card issuers are depicted as mafia dons looking for any and all excuses to break our legs and arms if and when we violate our credit card agreements. The truth is that credit cards issuers are neither doting grandparents nor crime bosses. They are businesses run for a profit.

But in the wake of President Obama’s recent meeting with the major credit card executives it appears that he and Democrats in Congress see now as the time to strike against the credit card industry while the iron is hot; and it’s up to us to decide if the loss of our liberty in the process is a fair trade.

Consider: during an economic downturn even otherwise responsible credit card users may choose to supplement their household needs with greater card use. While taking on more debt seems counter-productive during a downturn, for these people this choice is a rational and superior way to bridge a temporary job loss or income reduction when juxtaposed against selling their house or forcing their children to quit college. But if the credit card rules being considered in Washington go into effect this choice could be taken away.

In the name of ending credit card company abuses, the Obama Administration is pushing a proposal that would cap over-limit fees, ban interest charges on fees, prevent fees for on-line or phone payments, bar almost all interest rate hikes as well place new limits on borrowers under the age of 21 among other changes; all designed to help American credit card borrowers. While each proposal may seem innocuous on its face, these changes if enacted will have negative consequences that will outweigh their benefits and primarily result in greater government control and more loss of individual liberty for credit card holders.

Candidly, not every use of a credit card use is prudent and neither is every use profligate. And most Americans instinctively know the difference between charging on a whim a three day weekend in Vegas and swiping the credit card for a new muffler. One of the main benefits of the credit cards is that every individual card holder is able to make the decision for themselves when and where to use the credit.

This freedom by every card holder to decide when and where they will make a purchase comes with significant risks for the credit card issuers. Instead of having a banking manager approve each and every financial decision prior to extending credit as was the case by and large for most of the 20th century, the credit card holder himself makes the decision. As a result it is crucial that credit card issuers have the ability to continuously evaluate credit card holders both before issuing a credit card and also afterwards (during the time the card is active).

Additionally unlike loans for autos or even houses, credit card issuers have little to no way to secure their risks, they can’t simply come and repossess the items that are purchased on the cards. As a result they use a variety of techniques – not simply relying on credit scoring organizations like Experian – but also employment trends, geography, consumer purchasing habits etc. as a basis for determining the levels of risk and thus the related interest and fee charges associated with that risk.

Notably, credit card issuers don’t simply offer cards to the rich and elites. Today they have programs for almost every risk group high and low. While a small percentage of Americans are familiar with the so-called American Express Black Card (with its nearly unlimited credit line which opens a door to private jets and a lifestyle of unparalleled luxury) far more are familiar with a basic Visa or Master Card with the one or two thousand dollar credit line and the derided 18% interest rate.

But if the so called credit card reform proposals are enacted into law, the impact on credit card users will be felt across the board. Recently laid off and other recession impacted people (and even those who live next to them) will be adversely impacted as credit card companies will be rightly concerned that there is too much risk and no return for doing business with this group. These marginally risky customers might have to choose between the secured credit route and simply being shut out of the credit card market altogether. And even relatively good credit risks will see changes. For them it will be harder to get a credit line increase. They’ll likely see the end of short term teaser rates below 5% because of the need for cross-subsidization (which means keeping rates across all risk lines higher to offset the mounting losses from credit card abusers who default).

And all credit card holders will see other changes. Because credit card holders can’t balance risks with income from fees and rate hikes, it will be more important than ever on the front end to determine risk more precisely. This harder and more intensive evaluation process (creating the digital equivalent of the bank manager) will also be more costly for issuers and users and result in fewer new accounts being issued and requiring more mandatory and higher annual fees. Even new accounts that pass the first threshold will see lower credit lines and will likely be issued for shorter lengths – instead of 2 or 4 year long authorized activity periods for a given credit card, cards might be issued for as few as 6 weeks at a time.

What about the abusers? For them this policy is a windfall. That abuser purchasing that must have Battlestar Galactica action figure will see several positives: they’ll likely find their credit lines lowered every couple of months and as a result they’ll soon climb out of debt as they can’t keep piling up more charges – something they’d never do voluntarily, and more significantly no matter how many times they are late with their payments neither their interest rate nor their credit card fees can ever increase. Finally they will no longer have to worry about getting additional cards to run up debt with because their applications will be declined as a result of the more stringent application process. But even these “benefits” come at a high cost for everyone else.

Hate them or love them, credit cards are a valuable commodity in the American economy and over-regulation of this industry will hurt far more Americans than they will help. As light follows day, these restrictions will lead to reductions overall to credit access. Many marginally creditworthy users will find their credit access denied and even responsible credit users who diligently pay their bills and fulfill all of their obligations will see higher costs for credit card use. And doing so during the downturn will prove even more painful for all credit card holders as they find a valuable financial tool increasingly unavailable.

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About The Author
Horace Cooper is a legal commentator and a Senior Fellow with the Institute for Liberty.
 
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Usury used to be against the law.
It's even on the Code of Hammurabi.

I don't think it's reasonable to eliminate interest entirely, but I think it's in society's best interest to regulate and set caps.

This isn't some new concept - it's as old as the hills, abandoned in the recent past with disastrous results.

More Control
What you have to consider when thinking about the current discussions about credit card changes is that this is but another method the Obama administration intends to use to control our lives and make further inroads against business owners. Are those who voted for Obama beginning to regret it? This is only the beginning - a year from now, we may be seeing wholesale changes by Obama that almost totally makes life in the U.S. controlled by the government.

If credit card issuance is tightened...
What are those in need of credit to do?

Will we see the cost of this "benevolent action” by the government backfire in the number of emergency room cases for broken knees and legs?

Neither a lender nor a borrower be.
Now there are people who need credit cards for business, travel and other things but for me

I’ve never owned one because I prefer to put my money in CD’s and make the bank pay me.

There are travelers checks that work anywhere you use them and some banks will wave the
fee if you have direct deposit.

Traveler’s checks have built in security and they’re for your use only.

I use my check book for bills also prepaid gas cards and gift cards are great and you can give them away if you don't use them.

There’re lots of ways to get around the need for credit cards.

I tell my kids if you don't have the money in your pocket you don't need it.

I can see how easy it would be to get in trouble with credit cards.

Dilemma
Having the gvt interfering and over regulating the credit card industry is a bad thing…

…but many of the industry players are manipulative scumbags continuously playing games to increase their profits. It seems a big portion of the credit card industry’s effort is not in providing a good service to customers, but in making things so complex they can win the shell game.

Myself… I don’t carry a balance on my cards and will never let a credit card company get their hooks into me. Cards are used for convenience and paid off within a few weeks of any purchase.

credit card company thieves
I totally disagree with this article. These companies have abused and preyed on people for years and it is about time they were yanked into line. They deliberately have located their operations in states with slack usery laws and the sky has been the limit on what they do to their users. My husband and I had to rely on credit card during a cancer crisis. We still have a good credit rating and have not been late on our credit cards nor failed to pay any of our bills, yet these companies jerked our interest rates up to 29% with no justification. They also more than tripled our minimum payments even though we were not using the card anymore and were paying over the minimum payment and on time. That is extortion, that has nothing to do with ensuring risk. There was a day that someone who operated with those kinds of rules was called a loan shark...how this author and others can justify this is reprehensible. And I didn't even mention that they deliberately changed our due date several times, sent us junk mail looking small print mail to let us know, which appeared to me a deliberate attempt to make us miss a payment so they could charge us late fees and jack our interest up higher. This is extortion.

Save Me
It is only fitting and proper that the anointed one fix the credit card companies. After all, they are certainly in desperate need of that undeniable genius which made the auto companies whole, corrected bank abuse, saved us from our enemies, lowered our taxes, selected gifts for the Queen and Prime Minister of the United Kingdom, chose his cabinet and staff after careful consideration and scrutiny, and charmed many of us into thinking that he was actually keeping his promises while simultaneously shattering them into a thousand pieces. Besides, THE EVIL BUSH did not take action against these corpulent corporations, no he was too worried that known mass murderers might actually want to kill people. So the chosen one must act where THE EVIL BUSH did not. That the credit card companies are despicable can be illustrated by an episode from my own life. Just the other night while I was attempting to hear our fearless leader magnificently read the golden words scrolling by on the Teleprompter-in-charge, even Jesus read scrolls, 27 credit card goons broke into my house, snatched me from my La-Z-Boy recliner, threw me in the back of a gas guzzling SUV, drove me down to the mall, and forced me to charge $59,742 to my Visa account. Only obumassah can save me from such acts of domestic terrorism.

One more
This is just one more way Obama is trying to destroy middle, hard working America. I think if people would wake up and start doing a little research they would see what is happening and maybe we could stop this turn towards socialism/communism before it gets any further.

to Cindy
These companies don't abuse and/or prey on anyone. You choose to open the envelope and apply and you choose to spend money you don't have. You can't get blood out of a turnip. How do you think these companies could survive if they gave credit cards to people who could not pay them back?

gill
your missing the point man. when credit card companies can raise your interest rate on a whim or when you're late on your electric bill one month then they have degenerated into government sanctioned loan sharks. if you're going to overlook that then why even have usury laws?

Radical Idea
Let's get rid of credit cards (and lotteries, too). If you need "credit" (i.e. a loan), then get a loan. We didn't always have credit cards and society was better off without them. Then we would stop buying things we don't need with money we don't have to impress people we don't know.

ANother Republican Winner
Here's a great issue for the Republican to tackle. Defend the credit card companies. That will really draw the voting public to your side.

Joel is quite wrong in suggesting the federal government has no role to play here. Notice, in all his claims of COnstitutional authority he leaves out the federal responsibility for interstate commerce. I agree there is much the federal government is doing that it should not be doing, but this issue is obviously part of interstate commerce.

Debt run amuck
Most people are operating under the assumption that the housing market crash was the underlying cause of our current economic woes. It wasn't, it was merely the spark. The true powder-keg that caused this recession was the fact that, for upwards of ten years, the average American has been spending more than than they have been earning. This, of course, was reflected in the housing market but it was also reflected in the consumer credit market.

I know people on this site take their "liberties" very seriously, yet none of you (I hope) would advocate anarchy. So you all must understand that while liberty is a good thing, too much of it would lead to pandemonium. We all have to strike a balance.

In terms of housing, I am certain that most of you would consider a bank that issues extreme sub-prime mortgages to people who are too poor to own a home, an irresponsible banking institution. We saw the damage that such banks can do. Yet you support a bank freely giving out subprime borrowers (who by all accounts, shouldn't have a line of credit in the first place). Why not regulate these banks as well?

Roybean
What do you mean get a loan? Using a credit cards is getting a loan. According to your rationale we should also abolish all other loans as recent history shows some people get in a position where they can't pay them back either.
In other words, your proposal makes no sense.

emf, you miss the point, Cindy has the
Cindy has the idea which Cooper misses entirely.

Those who chose a card, because times are good, they can make triple payments easily and the offer of 0% for a year is very common, especially for a retail purchase. What comes into play are fees from late payment. Don't tell me it's always the card holders fault, because there are circumstances which cause a delay in payment. Specifically being sick. I know what it's like to be sick with the flu, send a payment online two days before the due date, and have a late fee because of processing time. Sure there are some things I'm leaving out, you can caveat me with the set up an automatic payment. That though is giving my liberty to make the payment to the bank. But, no, that converse argument will not work with you or others like you.

I will make the payment, I always do, but not allowing a small grace period is very bad marketing for that intangible of good will. Looking at a customers history, of always making the payment, always making a multiple payment, but ONCE being a day late, then charging a fee of $38, and on top of that the policy of allowing them to increase the interest rate is bad for that good will.

What about it emf. Still tough beans?

One knows the payments will have the bill finished before the year, but by six months one has the flu, misses a payment by a day, pays a fee, and has their zero turned to 12%. That makes the payment higher of course, and the chance of actually paying it off by that year diminished a bit. Not impossible, but it makes changes to the good will of my budget.

NO emf? Not gonna hear it? NO way?

How about your mobile phone contract?
I added my daughter, for $15 a month as a family plan, when she went to college. I had her on for what I thought was a family plan on my bill. Then my daughter's phone breaks and she looks into another. She has a discount through work, not from my company. She chooses them and my company tries to hit me with a $250 contract termination fee?

I added her to my bill and I'm staying on with them. I've been with them for nine years. They heard from me, and I told them to take a hike. I wasn't paying it, and I was leaving, and I would not send them another dime out of protest!

They decided I was a very good customer, that I was worth the good will we had built up over nine years and they waived that fee.

So, emf, what does that tell you?

Cooper
You don't take the reality of your surroundings into account. As I see it you read like a Credit Card CEO citing the mantra of a Libertarian.

What's your deal Cooper.

Getting paid?

Jeramy #15 ((Dead ON))
Balance is depleted throughout this article.

Rick
I really don't know what you are talking about. I thought credit cards were for adults who were responsible and accountable. If one lives within their means and saves for a rainy day, which can be done by a majority of working Americans that's how this nation became economically strong, the flu won't wipe them out financially. Good will is not the business of the credit card companies. Where does this wide spread entitlement mentality come from? If you people can't be responsible for how you spend your money what can you be held responsible for?

Credit card companies have it coming...
The credit card companies have been behaving like swine for years.

I'll give you an example. I run my own little consultancy. Last June I had to have my gall bladder removed. I cut back on my credit card payments for a few months, because I had to make the up front costs to the hospital that my health insurance didn't cover. I didn't default on my credit card debt or even drop payments to the minimum they would accept.

A couple of months later when I was back on my feet I looked closely at my business credit card and discovered that the credit card company had hiked my interest rate from about 9% to nearly 30%. When I called these scum, I was blandly told that my creditworthiness had been reassessed and the appropriate rate applied. After talking to several supervisors I got that more tripling of my rates reduced to a 2 percent raise.

Since then I've got rid of my balance and am preparing to drop these pigs. Credit card companies deserve no consideration. They are the worst kind of bottom feeder in the financial world. Given the competition, that's quite a distinction.


That the Dems are trying to rein them in a bit is to their credit. That the Republicans let themselves be bought off a few years by these companies to the point of granting them an exemption from bankruptcy law vis a vis personal bankruptcies showed me that effectively there is no difference between our two ruling oligarchies. They are both for sale at the right price.

Explanation
For thirty years now we have lived in an America where business could do anything to increase its profit, with very little to balance protection of the people. Workers were told if they took their contracted vacation time the job wouldn't be there when they came back. They were pressured to work many extra hours beyond their contract without compensation. Having worked for decades on the contracted promise of retirement pension, they were then told, at age 60, "Sorry, no pension."

I have seen the argument on townhall that business HAS no social responsibility.

Re credit cards: when people sign on to an agreement that they will pay 12% interest on unpaid balance and overnight that is arbitrarily increased to 30% interest solely so the company can increase its profit, few reasonable people would find that moral business behavior.

I signed a two-year cell phone contract specifying equipment, cost, and service. A few months later I got a call changing equipment, cost, and service. I said, "But I have a contract." They said, "We are changing that. FOR BUSINESS REASONS."

The pendulum has swung so far to the Right that any suggestion now that business should behave with morality is called "Socialist". It is time now for government to pull in the reins on business. Society doesn't exist just for business, but also for people.

personal experience
I have a card with Chase that offers 3.99% interest for the life of my current balance. Several months ago, I found that I was being charged an additional $10 per month finance charge which raised my actual interest rate to about 6%. I talked to them, and they were adamant about their right to do this. I sent a complaint to the Comptroller of Currency and joined a class-action suit against Chase. (They had pulled this stunt on thousands oe people.) About a month ago I got a letter apologizing for their "mistake" and refunding the money I'd paid for the finance charge.

I don't see that taking away their "right" to weasel out of a contract is a threat to liberty.

Joel-De Oppresso Liber: If you look at your credit card bill, you'll notice that it probably comes from Delaware or South Dakota. That's because these states let the credit card companies get away with just about anything. If you turned the regulations over to the 50 states and DC, the credit card companies would scream aout how they couldn't issue credit any more, etc. Also if the bill has to be sent out of state, it's defintely interstate commerce and under federal control. Don't look to Jefferson on financial matters. He was always in debt.

Not Predatory
Most, if not all, of the credit card debt is not generated from a necessity. People aren't going into debt buying food. People are going into debt buying televisions. They're spending money they simply do not have. Insted of foregoing that new 50" plasma to save for a situation where they may need the extra cash, they're spending every cent they have then buying even more. We should eliminate each and every regulation on the credit industry. Let credit companies jack up rates. That'll teach people to not use credit cards. You don't need one, use a debit card, it's a fancy way of carrying cash and you can still secure your rental car.

Hammurabi may have banned interest rate and gave it a mean name, usury, but the part of history most of your low-quality public education didn't tell you is that Hammurabi destroyed the Babylonian economy. Merchants simply stopped going there after his laws were put in place because, frankly, why would you give up your money for someone else to use for free?

To emf
Excuse me, can we go over this again?

1) Credit card companies suddenly started arbitrarily raising interest rates to usurious levels (eg 10% to 30%) on customers who were NOT in arrears or default; companies admit they did this just to increase profit in hard times.

2) Obama took measures to stop companies doing this, and he clearly did so to PROTECT the American people from usurious practice.

3) You give this as "one more reason Obama is destroying the hard-working middle class". That line of reasoning doesn't even make sense. Would you care to explain what you mean? How does it work that forcing credit card companies to deal fairly with their customers is destroying those hard-working middle-class customers?

lilly
Problem: Credit card companies can change interest rates month to month.

Solution: Don't leave a balance on your credit card.

Easy. Obama isn't doing anyone a favor by protecting them from stupid behavior (leaving a credit balance month to month). He's doing everyone a disservice by promoting bad behavior, by making it illegal to punish risky credit card users with rate hikes. You're not spending your money when you buy something with a credit card, you're spending someone else's money. As the owner, they can dictate the terms of use of THEIR property. It isn't yours, therefore, you have no say in its use.

Justin
What terrible fate would befall us if credit card companies were allowed less ability to manipulate interest rates?

answer: they would raise their standards for choosing who they choose to give credit cards to.

consequence: fewer irresponsible borrowers would be given a line of credit... wouldn't it be nice if someone had thought of this ten years ago? Obama is cracking down on credit card companies because he doesn't want history (or the present) to repeat itself.

emf 9:57 am
I knew you wouldn't get it.

Consider using your money in a CD while you earn money to pay for a Zero percent purchase over one year. Is this something you would never do?

Joel
It doesn't really matter why the commerce clause was included. The commerce clause was included, and that is quite enough.

It may have escaped your notice, but we no longer live in the 18th century. We survived as a nation in significant measure because the Constitution was a brilliant document that has been and can be applied to new developments over time.

For example, we are fortunate that the second amendment did not reference "muskets". It was written generally enough that it can still be applied today, even though the definition of "arms" may have changed.


Millions of credit card transactions of every sort cross state lines every second. There is simply no rational way to suggest this is not interstate commerce.


Credit Card Value or Dept
Let us not forget the renegotiation that is do day facto when a credit card company through there own problems allows a infiltration to there system and tells you that they will have to re-issue you a new number from this laps in security. We are now subjected to the new T&C of the card with the new interest rates.

Intrusive, illusive or just plain out right exploitive. This is yet to be addressed. It is no longer a buyers market.

KVR Florida



to rick and others
I have one credit card and have nothing on it. It is for emergencies only. I pay it off whenever I use it. I do not carry a balance and never would. I have a 6 month reserve in savings and yes I do have a CD. I have a degree in Finance and when I graduated from college interests rates on credit cards were over 25%. If you think the interest rate is high don't use the credit card unless you are going to pay it off. They give you a grace period of almost 30 days people. I do not believe the government needs to be telling credit card companies what interest rates to charge. The market should decide that.

Rick
regarding the cell phone contract that is exactly what I am talking about. First off, the cell phone co. was within their rights to charge you the termination since it's in the contract you signed. It is good customer service to waive it to keep your business. But, that is up to the company not the government to tell them they have to waive the penalty because you were a good customer.

emf, you're wrong about grace period
They do not give a grace period.

Period!

I didn't have a credit card until I was about 29 emf. I avoided them. In my day, they weren't offered to college students. I went in the middle to end of the 80's. Now, my daughter, who was working a work-study job had three different cards, after she moved out from home. If they had checked at all, she would not have qualified. Why do they offer these kids cards. Especially when they're no longer at home?

It's predatory, that's why.

Rick
The grace period is from the time you make your purchase using the card until the time the bill is due. Interest is charged on balances carried past that time. If your credit card charges you interest from the time of purchase to the time the bill is due you got the wrong card. My daughter is in college with work study and gets cc apps in the mail. I tear them up. Most of these offers require her to give them $ up front to hold against future purchases to build her credit. I taught her this is bad finance. She is better off holding onto her money in a savings account where she can access it when needed and it earns interest than to "give" it to someone just to establish credit. There is plenty of time for that once she starts her career. I believe it is my right to teach her sound finance just as it is the cc cos right to do whatever and let the market say "no thanks" if they don't like it. If it's predatory good credit risk won't shop there and all the cc co is left with is a bunch of dead beat accounts. That's a free market and that's what I believe in.

Rick the bigger question is
why did your daughter accept the offers? My son got a credit card when he went to college. We set it up through our credit union. He put $500.00 in account as collateral for the credit card. He was taught by us to never charge more than you can pay off each month and that is what he did. He has established a good credit history and no longer has to have the $500.00 in account. The credit union did raise his credit limit after a couple of years to $4000.00. To this day he only uses it because it is easier than cash and pays it off each month. Just like he was taught to do by his mom and dad. Of course he was also taught by us to live under your means also. My son receives offers all the time from credit card companies, he shredds them just like mom and dad do. See a pattern here?

The real problem
The real problem with our banking industry leading up until this crisis was that everyone was only in it for themselves. That is normally a good thing in a capitalist society, except, in this case, made (is making) the fatal mistake of ignoring the big picture: you cannot make money off of risky borrowers if they, themselves can't earn any money to give you. If the banking industry when offering credit to unworthy borrowers becomes dependent on the income these borrowers yield, another bubble burst will be inevitable. These banks will make temporary profits (which they will greedily spend on their management staff) and will crash and burn when it becomes evident that none of their borrowers can ever make good on their debt... and then the banks will once again need to be saved. Why must we doom ourselves to another recession? We are not an anarchist society, we accept the necessity for rules. Why not a rule against allowing these banks to start a new bubble that will inevitably pop?

Thanks Sarah
it's all about being a responsible, mature owner of a credit card.

Justin, etal...
It is very easy to say that we shouldn't leave a balance.

What happens when unexpected circumstances require the use of credit cards?

We had $22k in medical expenses last year that were not covered by insurance. We also had a job loss (which has ended). I had several options - take a hardship withdrawl from my 401k (not an easy process), work a 2nd job (which doesn't happen when I'm already working 65-70 hours/week) or use plastic. Guess what - I used the plastic. The rate was at 9.9%. I am current and make more than the min payment. The cc company then raised the rate to 27.9%. Not because I am a bad risk but because they were loosing money due to their screw-ups.

Justin - please respond as to what you would have done? Medevac flights from overseas are expensive. It was either that or let someone die. For this I'm being punished?

For the record - ObamaCare® would make things worse.


no problem, emf
My husband and I taught our son how to handle money, like our parents taught us. In my case it was my father, my mother not so much. She likes to spend money she does not have then whine about the evil credit card companies expecting payment for the money they loaned her. Shame on them. Of course she does not whine to me about, she knows better.

Agreement
I am in total agreement that credit cards should be used wisely and paid off every month. Unfortunately I went through 2 major medical procedures that left me off work for several months each time and although I have insurance I still had thousands of dollars I had to pay out of pocket. It put me in debt with no way to pay them off every month. Once I do get them paid off I will never charge anything again. I will not file bankruptcy or default on them, I'll continue to pay them until they are done. I just won't every get in bed with the credit card companies again, because they are basically loan sharks.

Jeramy
people that are potential bad risk should not get a credit card. The interest rates and fees a credit card company charges will not make a difference to someone who is a bad risk nor will the government setting the rates and fees charged prevent that person from over extending themselves or not paying their bill. If the credit card companies are managed by people like you described then they should be fired and we would be better served by looking at what they are being taught in business school to have learned to be such poor business men or women. Probably Harvard grads.

Wow
This article is a huge exaggeration. The kinds of regulation that are being proposed right now are not going to fundamentally change the credit card industry. Corporations are in the business of making money and large corporations have legions of lawyers and accountants trying to squeeze every penny out of their customers, and legions of marketeers trying to make customers feel good about it. Making money is a good thing, however unlike most people, I always read the fine print and some of these banks have made an art form out of deception. If I could trust the banking industry to produce a straight-forward, honest product then I wouldn't think that there is any need for regulation. But, that is not the case.

Hypocrisy
It is pure hypocrisy, to say on one hand that you care about the needs of the poorest members of our society, then turn right around and say that credit card companies are charging too high an interest rate. It is an old risk vs. reward problem. The higher the risk, the higher should be the rewward. If you take bigger risks, you want a higher reward. But if you prevent these companies from charging their customers a certain interest rate, then the odds are, (1) they will simple no lnnger issue credit cards to those who they think represent a bigger risk (which of course means the poorest income earners), or (2) they will figure out another way to get the money they need to offset the higher risk. In this case, you cannot have your cake and eat it at the same time, there WILL BE consequences, and most likely it will hurt the poor, because it will definitely not affect the rich.

Oh Please, spare us!
You folks on the right never met a very good idea, that wasn't your own, to badmouth and denigrade.

We need new restrictions on credit cards and their lenders, especially their lenders.
As for being in business, well, so are loan sharks and that is what the credit card companies are turning into. Lenders of the very last resort. The new interest rates and fees are turning manageable loans into economic slavery for too many citizens, and for no good reason, other than GREED.

I paid off my credit cards last summer and have been on cash since then; I much prefer this way as there is no pending bill and no rectifying the recipts with the statement. I have a FICO score in the high 800's; my interest rate as of February 2009 on the 2 cards I do have, has jumped from ~6.5%-8.0% to 18.0% on both for no good reason. The fees have increased 10-25%. Why? And, with the quarterly reports, both companies made quite a substantial profit! Greed, sheer greed. . .I will only use these cards in case of an emergency I can't handle on by bank debit card.

This arrogance, greed, sloth and recklessness by these financial institutions has to come to an end or we will never recover from the mess they have already gotten us into. We don't need more financial institutions, just ones who are responsible, practice good economics and aren't so greedy as to have no concern over the havoc they wreck in the community.

Regulations; bring them on and with all deliberate speed!

emf
Personally, I think the curricula of business school needs a complete overhaul, but that is a discussion for another time.

"The interest rates and fees a credit card company charges will not make a difference to someone who is a bad risk nor will the government setting the rates and fees charged prevent that person from over extending themselves or not paying their bill."

Sure it will. If the credit card companies' interest rates are regulated, they will no longer be able to make a quick buck off of the subprime borrower. Thus, they will lose incentive to lend to these people... and it will become more difficult for subprime borrowers to get a line of credit (as it should be).

Like I mentioned earlier, it is generally a bad idea to depend on undependable borrowers to prop of the banking system. Controlling the interest rates will indirectly force the banks to be more cautious in their decisions which is generally in the best interest of the American people. Where is the flaw in my logic.

Jeramy
the credit card companies like the customer who carries a manageable balance or no balance at all. Why else would they look to good credit risk in order to lend money? Interest rates are not the credit card cos "trying to make a quick buck" they are the price paid for borrowing money. It is tied to multiple factors such as the availability of money and credit worthiness. The credit card cos. charge higher rates to those that are higher risk. This is fair and good business. Forced lower rates will do nothing but cut back on available credit.

Opinions
As long as payment amounts and dates are met, the interest rate on money borrowed should be set and understood on the day the loan (charge) is made. If a variable interest rate is offered, it should track a government standard, the same way variable interest mortgages operate. Arbitrary changes in interest rates (with out cause or standard) should be a violation of the card holder’s agreement. This would seem to be a good law, if it existed. It’s the only law I can think should be enacted. It simply establishes interest rate within a legal agreement.

Otherwise, credit card loans are products offered by many vendors. If a person is qualified, competition will set the rates and benefits. If a person is weakly qualified, they should expect their higher risk to cost them more.

As for myself, I use award cards and pay them off every month. A Visa for 1.5 percent kick back on all purchases, and my Costco Amex for 3% on gas. When you add the 45 day float, it’s a heck of a lot better than checks or cash.

EMF
WE may have identified the issue here. You wrote: "the credit card companies like the customer who carries a manageable balance or no balance at all."

If you think this you clearly know little or nothing about the subject. Credit card companies HATE people who carry little or no balance because they don't make any money off of them.


emf
"The credit card cos. charge higher rates to those that are higher risk. This is fair and good business." It is fair, and to AN EXTENT it is a good business to charge people an interest that is roughly proportional to their risk. But at some point, beyond a certain threshold, you begin expect and demand of subprime borrowers payments that they cannot make. And you can't just say that "people should be more responsible and shouldn't live beyond their means" because these high rates are inflicted on people who have proved to us time and time again that they are NOT financially responsible... and we are fools for expecting irresponsible people to behave responsibly

This is EXACTLY what went wrong in the mortgage market: bankers (and investors) operated under the assumption that money would materialize out of thin air, that property values would continue skyrocketting, and that subprime borrowers would be able to indefinitely pay high interest rates even though the had a history of not paying down their debts; and these credit card companies (bankers) are, in the midst of this crisis, fighting for the right to pretend just as the mortgage industry did. Responsibility dictates that we take a step back and say "no!". Certain people sholdn't get credit, period. And the credit card companies will not come to this conclusion in less it is not profitable for them to operate otherwise.

John
if that was true then people who carry big balances and are behind in payments would have the best credit rating and American Express would be out of business for lack of customers. I think you guys think that these 3rd rate credit card companies that are the only source of credit for people who shouldn't have credit are credit card companies. I would not get a credit card from these people because I can go and get a better rate from a better company. The auto insurance business is run the same way good rates to good drivers high rates to high risk drivers. It's the way business should be. If it wasn't done this way there would be no incentive to be responsible.

john
they make money off the merchants who take their cards also. Money isn't just made off the card holder.

This leg. is not to help borrowers
it is to hurt issuers, banks and financials, to keep them from recapitalizing and not needing fed. money.

O wants to take over private banking as the socialist he is thinks he and his cabal know better how to run Citi and BOA than private businessmen.

These people in DC under O and his O Land are not former business people, have never worked privately, have not made a business proposal or met a payroll, and they know nothing about how to run the ec. of the US.

O himself has never led a Cub Scout troop and been an assistant manager at a Taco Bell.

Object loud and long to him to Cong., send emails, faxes, letters, make phone calls, as his *cramdown* mort. leg. just failed and card check is no good for this year.

People can stop his program. 67,000,000 voted for him but 62,000,000 voted against and we are not peanuts.

Government MasterCards
Total conspiracy theory here:

After they regulate the companies into bankruptcy,

The liberals will want a US National credit card for the poor and minorities...

Most likely backed by tax dollars...

And eventually the number will be in your hand or forehead....

Jenny
you are probably right. It is looking like our anti-government 60's hippies in power now are just like communist. Big Brother liberals. Read Witness by Whitaker Chambers. This is who they are.

Great column
You guys who are arguing from personal experience for more credit card regulation have NO case whatsoever.

First of all, for those of you who are complaining about banks breaking their contract with you: They broke their contact, you contacted the company and/or authorities, and the contract was enforced. So what is the problem? This is a contract law issue, not a regulation issue. What do these regulations in any way have to do with what you just described? Nothing. I will say this, though. If you keep pouting and backing more regulation just to stick it to the banks because you are mad at them, then you can expect EVEN MORE drama like you just experienced, because when you add regulations (which you as a conservative should be against anyway), you clamp down on sources of profits, so they will have to get it from somewhere else, and that means from YOU, one way or another.

Those of you who are crying about having your interest rate or fees increased: Waaaaa! Would you like some cheese to go with that whine? What a bunch of spoiled brats. You are supposed to be conservatives (and if you are a lefty, please admit it). You are supposed to be for personal responsibility. Waaa, I had a medical emergency and it cost me a lot of money. Waaa, there is a credit crunch so the credit card company is jacking up my rates and I don't want to pay it. Waaaa, my college daughter has three credit cards and I don't think she should have any (whatever happened to parenting)?

Finally, you deride the profit motive when it applies to banks, yet you cry like a baby right after Mr. Cooper just explained to you that if you are provided relief by Congress, someone else has to pay for it. So what is your justification for opposing the porkulus bill?

We are seeing a condensed replay of the collapse of the conservative movement on today's thread.

to Wendy
I'm hoping the people who are complaining and crying over the credit card companies aren't conservatives but the usual group of liberals who sneak on this website to get news and then to cover up for their betrayal of Obama and the msm they leave anti conservative, anti free enterprise and anti democracy post.

What's the big deal?
Have any of you actually read the contents of the bill? What parts of the bill are objectionable? Prohibition of double-cycle billing, which allows a bank to charge interest on a balance that was paid in full in the previous billing cycle if the current billing cycle is not paid in full? Requiring a 30-day notice to close an account? Requiring a 45-day notice if interest rates are going to increase? Many here seem to be saying that these regulations are going to sink the credit card industry or prevent some credit-worthy customers from getting credit cards.

So, what's the big deal??? How are my liberties being threatened???

What's the big deal??
Have any of you actually read the contents of the bill? What parts of the bill are objectionable? Prohibition of double-cycle billing, which allows a bank to charge interest on a balance that was paid in full in the previous billing cycle if the current billing cycle is not paid in full? Requiring a 30-day notice to close an account? Requiring a 45-day notice if interest rates are going to increase? Many here seem to be saying that these regulations are going to sink the credit card industry or prevent some credit-worthy customers from getting credit cards.

So, what's the big deal??? How are my liberties being threatened???

A bomb, ticking in your pocket
A credit card should NOT be a bomb in your pocket, waiting to go off. If you agree to one interest rate, it is a disgrace that they can jack up your rate because you are late or forget to make a payment for a totally different card. (I voted for Palin. I don't carry a balance. I don't like thieves.)

Why are conservatives so dumb?
Cooper seems to be concerned that having reasonable rules of the game for credit card issues and borrowers is going to have the "horrible" effect of decreasing the number of poor credit risks who will get & use credit cards. It might also mean people who are good credit risks might not have the credit limits jacked up to the sky. Oh my!

What's the problem? Seems like a good deal to me. Smart people pay off their credit card balances every month. They SHOULD get a loan with a fixed rate of interest they understand if they need something which requires time payments.

People should SAVE for a rainy day and NOT rely on credit cards with astronomical interest rates during temporary setbacks. Again, sounds like all the side effects of the democrats bill are WONDERFUL.

Once again we see the democrats are SMART and the kneejerk unthinking party of NO - the republicans - are IDIOTS.

One thing missing from the bill though is schools should be required to ensure no one graduates from high school without a basic understanding of credit and investing. Not that they need to be finance whizzes but at least have a basic understanding of what happens to you if you have a low FICO score, run up thousands of debt at 22% interest, never save or invest in anything, etc.

jazzmanJim
That may be the case, but why wouldn't you have at least 9 to 12 months worth of savings to cover such contingencies? It took me 6 years, but I can live without sacrificing any luxuries for a full year and 18 months if I cut down to the bare essentials. This allows me to cover those unexpected medical costs that may pop up or that lost job without having to put myself into hock with a credit card company or a bank. This is on top of normal retirement savings.

This is the problem with Americans. We've become too used to living at a set level of luxury and are unwilling to temporarily give that up to think about possible future contingencies. There isn't a person posting here that I can't (I'm an auditor by the way) shave 15%, minimum, off their annual expenses and set that aside in savings to reach that goal of 9-12 months of savings buffer. This usually starts with giving up luxuries and locking away the credit card. Credit cards are only to be used if an event so major hits you that you couldn't possibly have planned for it, and those are so rare you'd be hard pressed to find a dozen people in the entire country that could legitimately fall in this category.

Justin
I agree with most of what you say, but not
"Credit cards are only to be used if an event so major hits you that you couldn't possibly have planned for it".

I use credit cards for nearly everything and use cash for almost nothing that costs over $10.00. I never carry a checkbook and write less than 1 check a month. BUT, I pay each bill off via my banks billpayer service as soon as I receive it and never carry a balance on the cards from month to month.

The result is that I get enough frequent flier miles on my Visa card for me and my wife to use for at least one trip a year. I get a 3% discount on gas at Costco and 2% on entertainment expenses and travel when I use my Costco American Express card for these. In addition I got a cash refund of about $400 from Costco this year.

If I need (NOT just want) something that I can't pay off at the end of the month, I take it out of savings or take out a loan at a fixed interest rate I can afford from the credit union.

Or, occasionally I will take advantage of interest free offers - like at Best Buy I bought $5,000 of HDTV, BluRay, and high end receiver - for zero percent financing for 2 years. If I do that I divide up the balance by the number of months to pay and send in slightly more than that each month to be SURE it is paid off before they can charge me a dime of interest. I then subtract that monthly payment from the amount I can charge for on going expenses on my Amex and Visa cards.

I end up with a very high FICO score and scads of people wanting to lend me money at very low interest rates any time I want (which is rare).

I think this is a fine and very sensible use of credit cards.

Agreed
I agree, I should have said, "Don't leave a balance on a credit card". Even if you lose your job, it's probably a good idea to avoid credit cards. It's easier to get in trouble with a credit card as opposed to paying cash. Not everything can be paid in cash of course, but minimize card use in tough times since they're easier to lose control of.

re: Justin
Justin says: lilly
Problem: Credit card companies can change interest rates month to month.

Solution: Don't leave a balance on your credit card.

reply: Justin, in most cases this is a grand idea. However, I am not sure you are aware of FICO scoring rules (most of which are kept top secret), which actually LOWER your FICO rating if you pay your credit balance off monthly. FICO rates you HIGHER to leave a balance and pay over time. Why? Who knows their reasoning, but my guess is they are in cahoots with the credit industry that makes it a "reward" for the credit user to keep a balance, thereby incurring interest fees that the credit company profits from, all in the name of maintaining your precious FICO score (which has altogether too much influence in non-credit matters). You need to view the whole picture.

re: Justin 2
Justin says: "agree, I should have said, "Don't leave a balance on a credit card". Even if you lose your job, it's probably a good idea to avoid credit cards. It's easier to get in trouble with a credit card as opposed to paying cash. Not everything can be paid in cash of course, but minimize card use in tough times since they're easier to lose control of.

Reply: agreed here Justin. Speaking as someone who is paying off her credit card debt one by one, I am learning to live without credit and look forward to the day I am balance free. Credit has been nothing but a hassle and a bad trap to get into. Going forward, I intend to live only on the money I earn and not get myself in the credit trap. I swear, when I look at my bills, I swear I have paid the principle several times over, the rest is interest and fees, and of course interest on fees. Unfortunately, my husband has lost his job 2x in the last 5 years, coupled with a very expensive car repair that left us behind on our credit payments. Now I see the light.


re: Slacker
Slacker says: "People should SAVE for a rainy day and NOT rely on credit cards with astronomical interest rates during temporary setbacks. Again, sounds like all the side effects of the democrats bill are WONDERFUL."

Agreed Slacker. Without the punishing monthly payments of credit debt people will actually be able to save for rainy days. As I posted in a previous post, I am in process of ridding myself of all credit card debt. I look forward to having all the extra cash to save when I am done. And having that surefire cushion to lean on as opposed to a usurious credit card in hard times.

Smarti
I've never left a balance on my credit card and my FICO score is 810. From what I've been told, consistently leaving a balance is what lowers the score. I've used it just for my $50/month cell phone bill to build the credit score.

Nope. You are wrong
The practices of the credit card companies are indefensible, and it's embarrassing that you would even try. Do you work for them? Really, credit cards are a form of usury, which is unbiblical. Even if there are cut backs enacted by credit card companies due to regulation, I say bring on the regulation and let the chips fall where they may. It will bring forth more competition as other companies step in to fill any void.
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