This Day On The Street
Continue to site right-arrow
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Stocks Under $10 with 50-100% upside potential - 14 days FREE!

Is CARD Act's fifth birthday worth celebrating?





May 22 saw the fifth anniversary of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (aka the Credit CARD Act, or just the CARD Act) being signed into law. True, it was implemented in stages over the following 15 months, but this seems as good an opportunity as ever to revisit the act, and to try to assess whether its impact on consumers and the industry has been good or bad.

There's a risk such an assessment could be seen as political: Some people take a principled stand against all -- or nearly all -- government regulation in private commerce, and can point to countless examples of the unanticipated and dire consequences that often arise when politicians meddle where they have no business. If you're one of them, take heart. The fact that one meddlesome law worked (and the evidence below suggests it did), doesn't necessarily mean you're wrong about some or all the rest. And, anyway, if you disagree with conclusions drawn here, there's a comments section below in which you can disprove or disagree with them.

What the CARD Act did

Quoting Federal Reserve figures, U.S. News and World Report recently said credit cards have always been the most profitable form of consumer lending. In spite of that, some card issuers had become distinctly customer-unfriendly by the middle of the "noughties" decade. Common practices included:

  1. Hiking credit card rates without notice. One major card issuer nearly doubled its rate (from 15 percent to 28 percent) in 2008, according to the Center for American Progress. The CARD Act ensured interest rises could only be implemented on variable-rate card, and then only after 45 days' notice. As importantly, new rates could only apply to new transactions charged after that notice period. Exceptions were made for expiring introductory offers and legitimate late payment penalties.
  2. Permanent penalty rates. The CARD Act made credit card companies review accounts six months after a penalty rate was imposed, and normally reduce that high rate.
  3. "Universal default." Nearly half (45 percent) of cards allowed issuers to hike rates if a customer made late payments on unrelated accounts, such as auto loans or mortgages. The new law banned this practice.
  4. Tricky due dates. Some banks arbitrarily and frequently changed the dates on which payments fell due. It was almost as if they wished to trap customers into paying late so that they could gouge them with fees and penalty rates. Now statements must be mailed at least 21 days before the due date.
  5. Over-limit fees. Customers must opt in before these can be charged (otherwise the bank must reject the payment or swallow the fee), and over-limit fees can no longer be levied if it's an interest charge or fee that pushes the consumer over his or her limit. As a result of these changes, many major credit card companies have discontinued over-limit fees entirely.
  6. Excessive fees. Penalty fees were capped at $25 for a first offense, and $36 for subsequent violations within the following six months.

Other changes brought about by the CARD Act affected gift cards, the marketing of plastic on college campuses, how payments are allocated (now to the part of the debt with the highest rate) and the information provided on monthly statements.

Impact on consumers

In April 2014, three academics and an economist with the Office of the Comptroller of the Currency published a report, "Regulating Consumer Financial Products: Evidence from Credit Cards." This sought to measure some of the effects the CARD Act had on consumers. Based on the 160 million card accounts studied, it found:

  1. The overall cost of borrowing (interest, fees and all charges) for average credit card customers fell by 1.7 percentage points. That's an annualized figure, based on average daily card balances.
  2. For those most likely to have suffered gouging before the CARD Act -- people with FICO credit scores below 660 -- that same saving was 5.5 percentage points. That's a saving of $59.86 per account per year.
  3. The fee reductions imposed by the new law have saved American consumers $12.6 billion a year.
  4. There is little or no evidence that these savings have been offset by higher interest rates or a reduction in the supply of credit.

Using a slightly different methodology, federal regulator the Consumer Financial Protection Bureau last year found a similar reduction in the overall cost of borrowing. In the " CARD Act Report," it identified a fall of 2 percentage points, as opposed to the other study's 1.7 percentage points.

Impact on credit card companies

The effect the CARD Act has had on banks is less clear, not least because it's difficult to separate out the impact of regulation from that of the Great Recession, the effects of which were still current when the law was implemented. However, in 2011, the first year after final implementation, JPMorgan Chase, America's biggest card issuer, reported that its credit card division had seen a rise in profits of 58 percent, according to Barron's.

1 of 2

Select the service that is right for you!

COMPARE ALL SERVICES
Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!

Markets

DOW 17,796.09 +17.94 0.10%
S&P 500 2,064.50 +3.27 0.16%
NASDAQ 4,748.9970 +0.6010 0.01%

Brokerage Partners

Rates from Bankrate.com

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs