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by Margaret Heine
THE NEW FINANCES:
CREDIT CARD AND GIFT CARD LAWS
After the article last month, we have
many questions about new and existing
laws as they relate to personal finances
and estates.
First, everyone is asking about the new
Credit Card Law, Credit Card
Accountability Responsibility and
Disclosure Act of 2009, and if it is really
going to help them.
When will the changes take effect?
Most of the changes became effective
February 22, 2010.
What are the key provisions of the new
law?
1. One Year Rule. A credit card
company will no longer be able to change
the interest rate, the APR, for one year after
opening the account unless you were
notified before you took the card of a rate
change sooner. So, if the rate is an
introductory low rate, it must specify that
the rate expires on X date (at least 6
months from the date of issue) or it must
be good for one year. This is not true if
you are 60 days past due in a payment,
then the credit card company may change
the rate without notice.
2. Raising Rates. A credit card
company can raise rates after the first year,
but only on new purchases. The card
issuer must also give you 45 days notice of
any rate increase on new purchases. The
card issuer may not raise the rate more
than the range disclosed in the disclosure
forms you received when you received
your card. You may cancel your card
before any rate increase takes effect. If
you choose to cancel your card, you may
continue to repay the card at the lower
rate, and cannot be required to
immediately repay the outstanding balance
on the card.
3. No interest payable on paid
balances. Credit card companies were able
to calculate interest on “average daily
balances”, even if you had paid a portion
of the bill. This is called Double Cycle
Billing. The new law eliminates this
calculation and allows credit card
companies to only change interest on the
present outstanding balance.
4. Statements will change. Your credit
card billing statements will change in some
significant ways. First, the company must
disclose how long it will take to pay off the
outstanding balance if you only make
minimum payments. Second, it must show
what your monthly payment should be to
pay off the existing balance in three years.
Third, it must show what your late fee will
be if you make a late payment, and
whether or not a late payment will trigger
an interest rate increase on your account.
If so, they must show what the new
interest rate will be.
5. Payment due dates. Beginning
February 22, 2010, your payment due date
will be the same day each month. If your
due date is on a weekend or a holiday, the
deadline is considered to be the next
business day. Also, companies must now
post your payments received by 5 p.m.
local time as being timely. This eliminates
the 10 a.m. or 11 a.m. cut off times that
many companies had, and lessens the
possibility of late charges on your account.
Be sure to read the disclosures you
received from your credit card companies
so you understand the contract you have
entered into with them. If terms are
disclosed in their circular or notices, you
will be held to have agreed with the terms
and conditions as set forth.
Are gift cards really safe to purchase?
1. Expiration Dates. Under the federal
law, gift cards may not expire within five
years from the date they are activated,
unless a different expiration date is
disclosed. In California, gift cards
generally may not expire, there are a few
exceptions.
2. Service Fees. In California, the gift
card cannot include a service fee or a fee
for dormancy (non-usage) unless:
- it hasn’t been used for 24 consective
months;
- the non-usage fee cannot be more
than $1.00/month;
- the card has a printed statement on it
regarding the charging of the fee;
- and maybe if it is VISA, AMERICAN
EXPRESS, or MASTERCARD, because
the card is good at multiple non-related
businesses.
3. Can they be redeemed for cash? If
there is under $10 in value on the card, it
may be cashed out.
4. Are there risks? Yes. If the business
fails or transfers ownership, the gift card
may not be honored in the new business.
If the business claims bankruptcy, the gift
card will probably have no value. If the
business has filed for a reorganization
under the bankruptcy laws, the court will
not allow them to honor any gift
certificates or gift cards. California has
passed a new law to deal with this
situation by requiring businesses to honor
all gift cards purchased before the business
filed for bankruptcy protection. This may
be challenged in the courts, but for now,
the law stands.
Please forward questions that you
would like us to consider for future
columns. You may email us directly at
mamheine@heinelawgroup.com
For more
information, visit her website at
margaretamheine.com.
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