CQ TODAY – BANKING & FINANCIAL SERVICES
May 2, 2008 – 5:13 p.m.
Consumer Groups Praise Federal Reserve’s Move to Tighten Credit Card Rules

A Federal Reserve move to crack down on “unfair and deceptive practices” by credit card companies won praise from consumer organizations and some lawmakers, but a banking group suggests the rules may do little to increase credit access.

The Fed’s proposed rules, announced Friday and developed in concert with the National Credit Union Administration and the Office of Thrift Supervision, are aimed at stemming practices that consumer groups have assailed, such as increasing interest rates on pre-existing balances even for consumers with good payment records.

“The board is responding  . . .  with proposed rules that are intended to establish a new baseline for fairness in how credit card plans operate,” Fed Chairman Ben S. Bernanke said. “Consumers relying on credit cards should be better able to predict how their decisions and actions will affect their costs.”

The proposed rules would bar banks from treating a payment as late unless a customer was given adequate time to pay a bill — at least 21 days from the time the bill was mailed or electronic notice was given to the customer.

The rules also would bar “double cycle billing”: the practice of computing charges on outstanding balances from more than one billing cycle.

When consumers signed up for discounted promotional rates, banks would be barred from applying payments above the minimum against lowest-rate outstanding balances first rather than the higher ones.

While consumer groups praised the proposals, a banking group grumbled.

“This is particularly perplexing, as the result will be a reduction in credit availability at the very time the Fed is working to increase access to credit in the marketplace,” said Edward Yingling, president and chief executive of the American Bankers Association. “Regulatory responses such as these are effectively price controls, which have never worked in the past, and we do not believe they will work here.”

The Fed’s proposal comes on the heels of draft legislation by Senate Banking Chairman Christopher J. Dodd, D-Conn. Dodd’s proposal would also eliminate the practice of raising rates on customers in good standing — sometimes referred to as universal default.

“Regrettably, confusing and misleading practices have become standard operating procedure for far too many in the industry,” Dodd said in a statement May 2. “These practices are wrong, unfair, and they must end.” He said he would examine whether the new rules proposed by federal regulators “provide the needed protections to consumers.”

Other Democrats cautiously supported the Fed’s proposal, while Republicans took a more reserved approach.

“While they can still go further, the Fed deserves credit for acting, particularly for banning some awful practices rather than relying solely on disclosure,” said Sen. Charles E. Schumer, D-N.Y., chairman of the Joint Economic Committee.

Rep. Carolyn B. Maloney, D-N.Y., who offered a House version of the credit card practices legislation in February, was supportive of the proposal, but she too pushed for Congress to move on its own. “By the time the Fed gets around to finalizing its new credit card reform proposals, they will likely be watered down and come too little too late for the millions of struggling consumers who need help now,” Maloney said in a statement.

Maloney’s bill (HR 5244) has more than 100 cosponsors. The House Financial Services Committee held a two-day hearing on the bill in April.

Jonathan Graffeo, a spokesman for Richard C. Shelby of Alabama, ranking Republican on the Senate Banking panel, said Shelby “believes it is incumbent upon this committee to conduct a thorough and up-to-date examination of the industry and the new rules in order to make an informed determination regarding the need for further legislation.”

The proposed rules are now subject to a 75-day comment period.

Erin McNeill contributed to this story.

Source: CQ Today
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