Saturday, November 15, 2008

Double Secret Fine Print

One of the most insidious and evil industries in this country is the Credit Card industry. For years Visa©, Mastercard©, American Express© and others have made "money" so easy and so cool - it was like taking a swim in a pool of endless of Andrews Jacksons and Benjamin Franklins while holding your martini. But exactly what kind of dive has the public taken? A swan dive - NOPE. It is a belly flop into an inch of water - when you come out, it hurts.

As of the beginning of 2008, the total outstanding US credit card debt stood at over $1 trillion dollars. That is what consumers owe on their personal credit cards. You think the banks are in trouble for bad mortgages - wait till the credit card debt mountain implodes. It is already starting. While more and more people are standing on the unemployment line, I am sure Visa©, Mastercard©, American Express© and others will be standing on line for the Paulson's Pennies very soon. [note: Amex changed the status of their company to a bank holding company and is already on line at the Uncle Sam teller]. Bankruptcy for those under that mountain of debt is not an option anymore. The credit card industry's lobbying of Congress (notably Joe Biden) took care of that escape route.

What is a credit card?

A credit card is basically a line of credit issued by a bank allowing the consumer to borrow money for purchases. When you secure a credit card - you have made a legal contract with a bank or other lending institution that you will repay the money - on the terms stipulated in the contract. Credit cards are unsecured "revolving loans" meaning the borrower (or card holder) is allowed to carry a balance and pay interest on it - and there is no collateral. A charge card (like Amex) is slightly different - it requires the consumer to pay their balance in full at some set time. Credit cards are a convenient and easy way to pay for purchases without having to carry a lot of cash. They are also protected if lost and are accepted pretty much all over the world. Most credit cards have a limit to the amount you can charge - and almost all credit cards have fine print contracts that NO ONE reads, understands or follows.

The lack of regulation, oversight and transparency of the credit card industry has made these little plastic cards the kiss of death for millions of American consumers. They are overused, misused, abused and very misunderstood. In recent years the use of credit cards has put many people in a downward debt spiral they can or may never get out of. As laws and regulations have been relaxed, the credit card companies -- while enticing the public with offers of cheap money - have made the terms incredibly complicated and repayment nearly impossible. Once you enter the world of credit cards - you are like a hamster in a wheel - you never get anywhere and you never get out. They are built to trap you in.

What are some of the games Credit Card companies play?

So glad you asked, because you are not going to believe it. Read them and weep. Of course by law these 'rules' are all spelled out in the fine print that no one reads or understands. Yes we are all responsible for reading the terms - but the language is often jumbled, confusing and full of legalese. Just so you understand the depth of this game - Credit Card companies took in over $12 billion in fees and charges in 2005. Since so many people have been living off their cards in the last year - I would bet that fee amount is significantly higher in 2008.

A. Many times the contract of the credit card stipulates that the terms "can change at any time, for any reason." So why bother even having a contract or set regulations?

B. Card issuers can increase your interest rate if you the card holder makes a late payments to a completely different party (like your car loan or mortgage). This is called universal default.

C. Interest rate changes can be applied not only to new purchases, but to all outstanding balances as well. Some states only have to give you 14 days warning they are increasing your rate.

D. If you make a late payment there are usually penalty fees in addition to interest rate increases that can occur. These fees can vary and change - almost without warning. Some companies will call a payment late if they receive or open the remittance envelope after the due date - not when the remittance was post-marked (like the IRS requires - post marked). Some issuers have changed their billing period to less than 30 days!

E. There is a penalty fee for going over your credit limit - and in some states the card company doesn't have to warn you that you are near your limit - they can tell you after the fact and just tack on the charge you when you go over. Get this - if your late fee puts you over the limit - you also pay the going over the limit fee and are subject to interest rate increases.

F. All the fees (penalty, annual usage etc.) that are tacked onto your statement accrue interest as well!

G. There is no control/regulation over the mailing of statements. They can be mailed very close to due date.

H. Some states allow the due date to actually have a specific time like March 16th at 2PM. Pay at 3PM - there is a late fee and your interest rate can go up.

I. Some issuers charge for online payments, some for payments received on the due date. There are annual fees on cards, fees for phone payments. Some banks charge an "inactivity fee" if you haven't used your card but have not closed the account. There are fees for international currency conversion, international ATMs and travelers cheques. Get this -- closing a credit card, even one you never use - can actually hurt or damage your credit rating or FICO score.

J. Credit card companies lure people with 0% interest on transfered balances. When the consumer starts payment to the new card, all the remittance goes toward to the old transferred balances first, the new charges will just rack up interest at the new card rate - there is no prorating of the remittance.

K. Double cycle billing. This is one of the worst games the banks play - If you charge $2000 in one month, and pay off $700 when the bill comes due - you would think your next bill would have an interest charge only on the $1300 balance. NOPE - double cycling considers not only the current balance, but the average daily balance from the previous period, giving the bank a higher figure to calculate your interest. So in essence you are paying interest on the $700 you paid off on time.

L. Credit card companies in some states (notably Delaware and South Dakota, but others as well) can charge virtually ANY interest rate. Some of these rates are called "fees." Did you ever get checks mailed to you from your credit card company, calling them 'overdraft protectgion' - I do all the time. Shred them immediately. If you use this "additional line" - there is a charge for just using the overdraft, then there is a daily charge that keeps getting tagged on until you pay the balance off, as well as interest payments. A $50 charge on the overdraft could cost over $200 if you keep it open for 3 weeks!

M. Payday lending - if you need money, you write a post dated personal check as an advance on your paycheck. You get the cash, minus a fee. The lender holds the check until your next payday, usually one or two weeks. When you paycheck comes in, you redeem the check (for the full amount, including the fee) or renewing the loan ("flipping it") with another fee tacked on. Example: If you write a check for $460, you get $400 ($60 fee) - if you don't flip the loan, your net APR is 390%! Some places charge $25 fee per $100 for the check - a net APR of 650%. Flip the loan, and it gets worse.

N. Cash advances on credit cards - the worst. There is a fee on the withdrawal (say 3%), plus interest (up to 24%) starts to accrue immediately (unlike purchases which have a 30 day grace period). For a $1000 advance on Feb 1 - you will owe over $1050 at the end of the Feb - the fee also is charged interest.

Yes personal responsibility is critical and required. Know what you can afford and what the terms are. But the credit card companies are just another component in the greed that has overrun America. Sure they will tell Congress they need these fees to pay for the deadbeats - but their own marketing, terms and structure ends ups making deadbeats out of people who have no intention of being deadbeats. They lure you in and then bleed you dry in a mountain of mystery. Their own greed is also destroying the hands that feed them (just like so many industries in this country).

Bottom line - credit cards are really a fool's game. If you don't have to use them - don't. If you do - pay off the full amount each month. Pay on time and always always always NEGOTIATE and THREATEN to leave for another card. Do not let these companies push you around.

34 comments:

KELSO'S NUTS said...

O.

Do you know why your statements come from THE LAKES, NV or NEWARK, DE or SHITKICKERSVILLE, SD?

Because those are the only three states in the union without USURY LAWS or a STATE SUPERINTENDENT OF BANKS.

That makes all of the excellent points DCNY raises in A-through-N possible and LEGAL!

Randal Graves said...

I'm so glad I'm done with credit cards. What insidious things they can be. But it sure is fun to toss the sheets in the shredder. I love when I get applications for AmEx gold cards, though. I feel like one of Mrs. Astor's 400!

One Fly said...

Have one but if used pay it all at the end of the month.

My senator and his halfwit brother in the house sided with Biden also.

I'm like an elephant on matters such as this as I won't forget. Another hideous bill the dims enabled. Bastards!

toujoursdan said...

This is such a great post. It took me a long time and lots of money to realize that credit cards are far more trouble than they are worth. I cut all but one of mine up and that stays in a drawer for emergencies or those situations where they are necessary for things like car rentals.

If I don't have the money, I don't buy the product. It's as simple as that. My home and clothes aren't as flashy as some of my friends but I am completely debt free.

KELSO'S NUTS said...

I'm with the rest of you. Only if I abolutely cant pay with folding money or a covered check will I use a credit card or AMEX. And I've always paid the full amount.

Ichabod said...

Hi Cap;

Credit card companies used to be called "Loan" sharks a generation or so ago and some of them were easier to get along with than these.

What bothers me, every credit card transaction for a purchase, nets the credit card issuer a fee at the time of purchase. This is over and above these other practices on the collection and billing end.

The vendors won't usually grant discounts to people who offer cash. In other words the cash people are also subsidizing the credit industry and Uncle Sam loves this system because it allows them to really know what is earned.

Fine print should be illegal as people like myself can't even read it without a magnifying glass and I don't have one.

Distributorcap said...

kelso - exactly --

The 1978 Supreme Court decision Marquette National Bank vs First Omaha Corp changed the entire market for credit card loans. (i would bet Sarah Palin doesnt know this one). This decision bypassed state usury ceilings on consumer interest rates by allowing lenders in a state with higher interest ceilings to export those rates to consumers residing in states with more restrictive usury ceilings.

Since state law in South Dakota allowed banks to charge upwards of 25%, then they could send out credit card offers to all 50 states with exorbitant interest rates, protected by South Dakota law. Delaware copied South Dakota’s usury laws.

Christopher said...

I have a ton of credit cards.

Two airline cards, BofA Visa, AmEx, they go on and on, probably close to 20 credit cards.

I always pay on-time, I've never gone over a limit, and I don't pay late.

Anyway, recently I opened my Discover statement (I have a relatively small balance - $400) and my interest rate had gone up 8% to 20%.

I called Discover and asked if there was a mistake on the bill because I've never had a 20% interest rate on any card in my life. My BofA Visa is 7.9%.

Long story short, the guy at Discover said they periodically reassess accounts and increase the interest rate at their "discretion." I told him my account is in perfect standing and has been in perfect standing since I opened it back in 2000. I said if they didn't return the interest rate to the original 12%, I would pay-off the card in December and cancel it. He basically said there was nothing he could do.

Anyone heard of such a thing with Discover?

Distributorcap said...

randal - at least once a month i get these 'checks' from Chase bank to enhance my already ridiculous credit line - with more fees.

one fly - that bankruptcy bill was SO bad on so many levels -- the credit card companies have every fucking protection in the world and the consumers have none. they mail offers to college students with these teaser rates -- and what does a 19 year old know about finance?

tour - unless you pay the bill in full by the end of the cycle - no matter how much the item was on sale - you are paying more. when i charge - i pay the bill in full THE NEXT DAY since i dont like to carry a lot of cash -- or i use the debit card from the bank. i never carry a balance EVER. i am so done with that

ichabod - credit card companies are LOAN sharks of the worst kind. i had a friend that worked at citibank in their credit card division - -what games went on. and the marketing of them is also dangerous. they are not only a fool's game, they are dangerous - and that debt is about to implode as well

Distributorcap said...

christopher - read point A of my list - they can change terms anytime for any reason

and worse -- point I -- if you cancel the card it can damage your FICO score --

my suggestion -- if there is no annual fee or inactivity fee - don't cancel -- just dont use it. they could care less if you cancel since you pay on time -- they make no money off of you

KELSO'S NUTS said...

DISTRIBUTORCAPny:

We aim to RAISE the discourse even in the process of lowering it. In other words, I agree with you. There's not a snowball's chance in hell that Sarah Palin is aware of that decision. She's gotta be like an 800,000/1 underdog to be able to cite it off the top of her head. Maybe it's absolute zero or absolute infinity depending on your side of the trade!

DCup said...

You know we're struggling with this right now. We don't use our cards anymore and are trying to get them all paid off. I'm sick that we ever started using them and I've repeatedly warned our kids to never get into this mire in the first place.

The out of control credit card industry combined with the incredibly consumer-punitive bankruptcy laws will many of us as indentured servants.

The more of our money that is tied up paying off finance charges and excessive fees, the less disposable income I have for other purchases. I know we're not alone it this - if other businesses would wise up to this fact, they might band together and take on the financial industry, demanding some sane regulation.

Distributorcap said...

dcup
that is exactly what they want you to be -- indentured forever... and the laws are so stacked against us. i feel so bad you are in the spiral

like i have said - you have more leverage with your mortgage company than these evil disgusting credit card companies -- but i would negotiate hard with them - very hard -- with all of them. they are not used to the fact they are seeing their profits evaporate -(due to their OWN FUCKING greed) - i hope they will work with you

Karen Zipdrive said...

Last year while I was between jobs and waiting for the big one to open up, I used my three or four credit cards a lot. Now that I'm making some decent money, I pay 20% of the balance every month on all of them.
And I never use them anymore.
It's the best way for me to tell the credit card crooks to go fuck themselves.

Anonymous said...

This is a terrific post. My health and caring for my crazy mother ruined my credit. I was paying for food with credit cards. Robbing Peter (c card a) to pay Paul (c card b). After my crazy mother died, I spent some time in the hospital--no insurance, credit card debt to the tune of $30,000 and climbing like a mountain goat. Add medical bills for a three week hospital stay, and I filed for bankruptsy hours before the (Biden) bill disallowing people like me from debt relief went into effect. I have lived without credit cards for three years, and it's such a relief not to dread those bills. I still dread the utility bills, the property tax, but at least I'm not being hounded by the credit card companies. My bankruptcy in no way stopped them from soliciting my business. Credit card companies and car dealers all seemed delighted with my bankruptcy. Odd that.

Blogger hates me today to I have no identity, no account, no blog, unless I sign up now. Kind of reminds me of the credit card companies.

sincerely,
Utah Savage

Jacob said...

Hey DC...

Thanks for the great article...while I knew some of the info, I learned a lot. I also learned many years ago not to carry a balance. Although I use cards (one in particular that gives back up to 5%) I never carry a balance.

My kids do, though...trouble!

Do you see any substantial difference between a mob loan shark and a credit card company -- well, except fo the fact if you don't pay the mob guy, you're likely to lose your knees or your head?

By the by, I know you're into photography...if you get a chance, check out L & L Photography, by my wife and I, at:
http://www.lowellsphotos.com. I'd be interested in your honest opinion.

Jacob

Mauigirl said...

Great information, DCap. I had my own experience with one of those "transfer your other card balances here and get 1.9% interest" situations. I did it, and then sometime the following year I suddenly noticed that at some point they had changed the interest rate to 34%!!! I looked back and saw that about 3 months earlier I had apparently paid a day or two late and zap - there went my low interest rate!

We've paid our cards off now and are trying to keep it that way. It is a no-win situation for sure.

Ichabod said...

Hi Cap;

For those in a problem they can't get out of and they have a mortgage, forget the unsecured liabilities and look after the home.

They want to play games let them. If enough people do it they may be forced into getting reasonable and people will be able to pay their debts.

Who needs FICO?

I don't. I discovered a long time ago when you are honest and have cash someone will always deal.

okjimm said...

Ok, I know it sounds very Orwellian..... but I think Obama should make you Minister of Truth.

I mean, the position has been vacant for over 8 years....

.... A Change I can Believe in!

CDP said...

Excellent post. Yes, everyone has to take responsibility for their own financial decisions, but state and federal laws so heavily favor the credit card companies that even responsible people can end up in trouble very quickly. And while we're on the subject of responsibility, how is it possible that any bank is in trouble when they've had license to do anything they want for the last twenty years?

Karen Zipdrive said...

Oh, I have one more comment.
Thanks to Bush and his crooked cronies, now credit card companies can jack up your interest rates for no reason at all.
I was paying 8% on one card and they suddenly jacked me up to 30% for no reason, and without notice.
I called and asked why I was suddenly being asked to pay the kind of interest only a recently released felon would have to pay.
The lasy hemmed and hawed and her final answer was basically, "We did it because we can."
So I immediately transferred the balance to a low interest offer and told the first bandits to go fuck themselves when I called to cancel my card.
Everyone, please watch those interest rates like a hawk.
And if you can't tranfer your balances to lower interest cards, attack that debt like the cancer it is.

Karen Zipdrive said...

Okay, I forgot to add one suggestion that has worked for me a few times.
About three times a year I call all my credit card companies, invite them to review my exemplary payment history and ask them to lower my interest rates because of it.
Sometimes they actually do it. Other times they say they can't so I ask to speak with their supervisor. If the super can't or won't lower my rate, I always ask them to tell their bosses I'll be shopping around for another company that offers lower interest rates commensurate with my payment history.
Then I do it.
:)

Zoey and Me said...

The real losers are the people who chose to use the cards to keep making ends meet, save their house for example, while looking for another job. A client of mine lost his job and his wife lost hers. Problem now is, they justified using the cards to keep their high credit rating while there house went up for sale. Now the house no longer holds the equity it once did and it's likely they will lose that too AND go bum on the cards. Ruined! They are in their early 40's. The economics will have to be revamped for everyone in the new O-Merry-ca. We are hoping.

nonnie9999 said...

great post, dcAp!
i worked on the other side of the credit card industry--the merchant side. i tried to catch the bad guys. yes, there were lots who were just crooks who sold invisible expensive electronics when the only location they had was a box at mailboxes etc. there were also really bad business people. the problem was usually the greed of the credit card companies. they would sign up businesses without ever doing a simple check like driving past to see if the stores actually exist. it amazed me to see just how much money was stolen by the same people over and over again. another problem was that there was little punishment. the secret service was responsible for many of the cases, and they were just not very interested. of course, the resulting losses were charged to customers who paid higher interest rates and fees to pay for the greed of the credit card companies.

pissed in NYC said...

Another trick: changing the due date for payment. I always pay my bill on time and buy cash when I can. I use an American Express, generally, because I pay it all off at the end of the month (I have a VISA just in case some store or restaurant doesn't take AmEx; I use it maybe six times a year). Still, even thought I pay on time, etc., I've noticed that AmEx moved up my due date a few times, making the due date 3 1/2 weeks after the close of the cycle, vs. 4 week. Because they want to trip you up, that's why.

Also, I told a co-worker a number of years back to call her credit card companies and demand a lower rate. I told her to pick the card with the highest rate first and told her that if they refused to lower the rate, cancel the card right away (that can be done...you still owe the balance, but you can't use it any more). In the event they said "ok, we are canceling your account," they will beg you to come back a few months from now. Long and short, she did it and saved over $100 a month in interest costs. The important thing is that she had had some issues with bills in the past, but had been current for more than two years. It doesn't hurt to try.

JC said...

I got really bogged down by credit cards some years back after the divorce and some down time between jobs. I got good help at Consumer Credit Counseling, and paid off all the debt (mostly with no interest charged) through their help. There are non-profit agencies like this one all over the country - a great alternative to bankruptcy court.

Demeur said...

Great post Dcap. First you don't want too many cards. That will make you a credit risk in the eyes of these sharks I mean credit card companies. Second don't drop a card if you have too many it lowers your FICO like Dcap said. If you are planing to change cards check out credit unions. They have the best fixed rates and are not for profit. You can also make a short term loan against a CD with exceptional rates. I took out a loan to pay for a used car that way and landed up with a 3% rate. I paid it off in 10 months and actually made money on the deal. Better than leaving it in savings.

Christopher said...

OK, I get it.

What Discover did, I took personally and I couldn't understand it.

What I will do is keep the card active, put it in my safe deposit box and never use it again -- ever.

That's a better punishment for them.

Fran said...

DCAP wrote: the language is often jumbled, confusing and full of legalese

Not only that, but usually the TERMS AND CONDITIONS are in size 5 font light grey color ink that you need a magnifying glass to even read, IF you could understand the jargon. They don't want you to read them- they make them difficult to read on purpose.

Beware of the Transfer your Balance offers as well. They often come with tiny fine print addendums, exclusions & exceptions as well. While you might be star struck over the thought of that ZERO interest rate offer, read on & see they will charge you 3% of the balance amount, or the promo rate is only good for 3 months, or it changes to a variable rate-- which I consider to be like the plague
I have never accepted a variable rate, because it can skyrocket to an amount not acceptable.

Sometimes, you have to get scrappy- often when I call a credit card company, I am speaking with a clerk in India. They give an American sounding name "Suzy" is most likely an alias for Shiv Raj or something like that. They recite talking points. When I asked to waive a late charge (online problem w payment), I was told it cannot be done, I politely ask for a supervisor.
Often when you go up a notch, they will waive charges. ... especially if you have an otherwise excellent payment history.

I also was given a charge once for an inactive card... which I demanded they reverse.

One other element I can add to this discussion, since I live in a college town, credit card companies use predatory tactics to get college kids to get credit cards.
They sell them as "easy" "no hassle" money, and discourage disclosing the details. Charge through the nose for cash advances, and many a college student winds up in trouble or with bad credit ratings & even more in debt, before they even graduate & enter the real world.

The credit game is rigged and the lenders are the winners.

thailandchani said...

Just recently, my WaMu card went up in its interest rate. It was a substantial jump and like others here, I've never been late with a payment.

It's interesting that any of the cards would keep track of late payments to other cards. I didn't know they did that.


~*

Chris said...

I'm glad you balanced this out with the need for personal responsibility. You did a great job enumerating the tricks of the trade. It's a unilateral negotiation once you accept the credit card, isn't it?

Distributorcap said...

Kz – I hope you pay that balance down real fast………. They are crooks

Utah – thanks – I can only imagine what you must have gone through with those medical bills – this is what a lot of people have to do, and they never get out of it – but instead of universal health care (which I am a proponent of) – we are stuck spending billions on a war that is going nowhere and billions on bailing out wall st. but that is off subject. The cc companies have all the rules in their favor and it sucks

Jacob – never carry a balance if possible. The CC companies are a combination of loan shark and drug supplier…… I will check out your photos. Thanks

Maui – those transfer balance offers are a scam. Period.

Ichabod – one thing about FICO scores – they are also used to set your insurance rates – like for your car (don’t even get me started) – so if you have a bad FICO score it can affect what you pay for car insurance.. pretty fucked up huh?

Ok – too many skeletons. Plus I would want to be as powerful as cheney

Cdp – thanks. I am definitely one who believes in personal responsibility – no one forces you to take a card or buy all the crap. But the games the companies play afterwards are pretty rotten. Banks are in trouble because all the rules that they make us play by to nickel and dime the middle class to death have finally put the middle class to death – hence no income from dead people. My next post

Kz – again, personal responsibility, but the relaxation of rules on CC and bankruptcy are really only for the corporations and are killing the middle class. Be careful of transferring balances – they can hit you with fees amd always ask for a supervisor – 80% don’t and don’t get anything done

Zoey – it is amazing the merry go round people have put themselves on – they thought the good times COULD NEVER END. They did., and unless you are Bill Gates or a Bush crony – you are not going to be happy

Nonnie – thanks – the merchants jack up their prices to cover the cost THEY PAY to the credit card companies – do you get a discount for cash – NO! so you are subsidizing their payments to the credit card companies. Nice scam if you can get away with it- and they do

PINY – yep they can change the date of payment or lengthj of grace period – with out even warning. Nice scam huh?

Jc – if you need to, some of those consumer credit orgs are a great alternative, glad it worked for you

Demeur – too many cards= bad, canceling cards = bad. Credit unions are much better. We have one at work. Also do NOT take a credit card out in a store that offers a discount the day you do it – bad bad idea

Christopher – good idea

Fran – I forgot about the 5 point type on gray ink that runs for 66 pages – real fair huh? And the fact the customer service jobs are shipped overseas is another whole issue – they read a script and never deviate – they don’t even have a clue what they are talking about. It is totally rigged – once they get you in you just cant get out. And the college marketing – don’t get me started

Thailand – yep they order your Equifax report and see what you have been doing in terms of payment to other lenders – and then reevaluate your account

Chris – personal responsibility is utmost important – you don’t have to take a card or use it – and if you do you should really know your limits. But once you are in, the game rules change – you can have all the personal responsibility you want – but if they change the rules to no fault of your own – well then the ‘fun’ begins – not it is bilateral once you are in

Spartacus said...

I see that Kelso added letter O. And it appears that your commenters before me have given you letters P through Z. My point? It's clear to me that some Federal oversight is needed over credit card companies starting with enforceable usury laws. If in fact, this does happen (I doubt it), they could also take a page from state insurance laws which have type size and readability requirements which remove any ambiguities about terms. Again, I'm a bit pessimistic about Federal oversight. Biden was one of Delaware's Senators.

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