Universal Default is Universally Unfair
We think it is great that New York wants to curtail the practice called 'universal default' which basically is a creative way for credit card issuers to increase your interest rate even if you faithfully paid the lender on time, every month for as long as you had the card. Instead of charging you the low, inviting introductory rate, or the 19.9% interest rate you thought you were paying on your outstanding balance, the card company just increases the interest rate -- Just like that.
How do they do that? Card issuers are permitted to check your credit report. If the issuer finds even one late payment to another creditor, the lender can increase your interest rate on the card it issued to you. Some lenders will increase your interest rate even if you charged up your line of credit which increases your debt-to-income ratio. Card issuers justify this change in interest rates by claiming they are trying to protect themselves against pending doom -- The idea is that if you default on any other creditor, you might default on the card issuer. Of course the reality is, this sudden rate hike makes it that much harder for someone who is already having problems paying their bills.
If you are wondering why you didn't know this could happen, take heart. The 'universal default clause' is a bit of small print in the agreement that probably came with your shiny new credit card, or somewhere on the application for the card. Didn't read it? Most consumers don't read the small print. And even if they did, the clause can be confusing.
Let's hope Governor Pataki signs the bill into law. Unfortunately it is just not enough -- the bill makes the practice a misdemeanor. A misdemeanor? Let's add some teeth folks. What we really need is a law that crosses state borders that is applied uniformly. The law should prohibit creditors from using information from a credit report as the basis for increasing annual percentage rates, or changing the introductory rates for any reasons not directly related to the specific card issued by that lender.
Like HR 3492, introduced in the House in July of 2005. We like it. But this bill, like its counterpart in the Senate S. 2655, is likely to die in committee. S. 2655 prohibits the practice of universal default by limiting fees that may be imposed on credit card accounts, and requires credit card issuers to verify a prospective consumer's ability to pay before extending credit. Stop stalling.
What can you do? When you shop for credit cards, read the fine print; Keep your credit clean; Speak to the card issuer and tell them what you think; and tell Congress you support these bills. E-mail your Senator, and Representative – it only takes five minutes.
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