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Cardholder Bill of Rights Clears House & Senate PDF Print E-mail

Wednesday, the U.S. House of Representatives approved H.R. 627, the Credit Cardholders’ Bill of Rights, as it was adopted by the U.S. Senate on Tuesday.  The bill now awaits President Obama's signature to become law.  The bill is more stringent on issuers than the new credit card rules issued by the Federal Reserve in December.  While the Fed rules were scheduled to take effect in July 2010, many rules in this bill will take effect nine months after enactment.

Thanks in part to the grassroots efforts of ETA members and the broader work of the Electronic Payments Coalition (EPC), there were no interchange amendments added to the bill.  ETA members responded enthusiastically to the call to urge Senators to not include interchange in the credit card bill.  It is also understood that the interchange debate is not finished and will rise again in Congress this year.

The legislation will, among other things, prohibit card companies from raising interest rates on existing balances unless the borrower is at least 60 days late paying a bill. If the cardholder pays on time for the following six months, the company would have to restore the original rate. On cards with more than one interest rate, issuers will have to apply payments first to the debts with the highest rates. Before increasing rates on future purchases, the card company would have to give cardholders 45 days' notice.

Card executives have said the changes would prevent them from properly distinguishing between risky and non-risky borrowers and force them to charge everyone higher rates and annual fees.

Four provisions of the bill will interest ETA members, they are:  a government study of interchange, new gift card rules, stored value regulations, and creation of a Small Business Information Security Task Force.


INTERCHANGE FEES
The U.S. General Accountability Office (GAO) is directed to conduct a study on use of credit by consumers, interchange fees, and their effects on consumers and merchants and report back to Congress within 180 days.

GIFT CARDS
The bill addresses general-use prepaid cards, gift certificates, and store gift cards.  Dormancy fees are allowed only if there has been no activity on the card for 12 months and proper disclosure of such a fee has been made by the issuer.
Proper disclosure consists of a statement that such a fee may be charged, the amount of the fee, and how often the fee may be assessed.  The issuer or vendor must inform the purchaser of such fees before the card is purchased.  The bill also calls for cards to be valid for at least five years and for expiration dates to be clearly marked on the card.  There will likely be additional rulemaking by the Federal Reserve to implement requirements in this section.

STORED VALUE
The bill calls for the Treasury Department, in consultation with Homeland Security, to issue regulations implementing the Bank Secrecy Act regarding the sale, issuance, redemption, or international transport of stored value, including stored value cards.

SMALL BUSINESS INFORMATION SECURITY TASK FORCE.
The Small Business s Administration (SBA), in conjunction with Homeland Security, will establish a task force to address the information technology security needs of small business concerns and to help small business concerns prevent the loss of credit card data.

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