Oct12
CARD Act Loopholes you Need to Know About
All credit card holders will certainly benefit from the CARD Act and the protection it offers them. However, just like any other type of legislation, creditors have found loopholes in the CARD Act.
What does this mean? In essence, it means that you, and you alone, are ultimately responsible for understanding how your credit card works, as well as the card’s terms and conditions.
If you are thoroughly confused (who isn’t?) about the CARD Act and the ways in which you may not be covered, here is a list of things you may want to watch for:
- Your interest rate may be increased during the first year, in certain cases – Although the CARD Act prohibits creditors from raising your card’s interest rate during the first year, there are exceptions to this rule. Your interest rate can increase: if you have a credit card with a variable interest rate that is tied to an index; if your account is 60 days past due; and if your interest rate is tied to a promotional rate.
- Your credit card account may be closed, without warning – Your creditor does not have to provide you with notice if they decide to close your account, reduce your credit line or cancel any of your credit card privileges. The only circumstance under which they must provide you with notice is when they impose a penalty for exceeding your credit limit.
- If the creditor imposes a rate increase, you cannot reject it – You can certainly close the account and pay off your balance under your current interest rate, but you cannot reject the rate increase on future purchases.
- If the terms of your credit card are disclosed in the account-opening table, you do not have the right to reject the changes – You also do not have the right to reject an increase in your minimum payment amount.
- THE CARD Act cannot put a cap on penalty interest rates – Although the CARD Act protects consumers from an increase in interest rates without warning, creditors are under no obligation to cap their penalty rates. In other words, it is not out of the ordinary for a creditor to change a 10 percent interest rate to nearly 30 percent if a penalty is imposed.