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After that, fees pretty much exploded. Credit issuers charge more for fees and also have more products and services to charge fees on.
Bank accounts are also subject to
more and more fees thanks to the deregulation
of the 1980s. As banks can offer more services,
there is more to charge for and less emphasis
on the services customers used to expect, such
as coin
counting. Overall, banks noninterest income
has increased, including a large portion that
comes from fees.
Mergers between banks and credit
issuers also marked the decade between 1996 and
2006. "There had been a number of monoline
credit card companies but the big banks are now
acquiring credit card companies," says Ed
Mierzwinski, U.S. PIRG consumer program director.
In June 2005, for example, Bank of America acquired
MBNA, adding to the creation of a credit card
empire or, as the Bank of America news release
read, one of the largest credit card portfolios.
"Consolidation has given banks a lot more
power with everything under one roof. But you
need regulators with a soul and a Congress with
a spine, and we don't have either of those things
right now," Mierzwinski says.
Future of
credit card fees
2006:
Help could be on the way. In September
2006, the U.S. Government Accountability Office
released a report on credit card fees. The report
was requested by Sen. Carl Levin, D-Mich., and
decried fees charged by credit card companies
and the opaque legal disclosures that enable their
billing practices.
2007:
In May, Levin and Sen. Claire McCaskill, D-Mo.,
introduced in the Senate a bill called the Stop
Unfair Practices in Credit Cards Act, which would
amend the Truth in Lending Act. The bill would
limit some of credit industry's most egregious
practices such as the application of penalty interest
and charging debtors for paying their bills over
the phone or Internet.
A similar bill -- the Credit Card
Accountability Responsibility and Disclosure Act
of 2007 or the Credit Card Act of 2007 -- was
introduced in the House on March 9 by Reps. Mark
Udall, D-Colo., and Emanuel Cleaver, D-Mo.
Could it spell the end of the era of unbridled fees?
Consumer advocates have taken a wait-and-see attitude.
"It would almost be overly optimistic to
think that the bills would pass in this form,"
says Linda Sherry, director of national priorities
for Consumer Action. "But, both the Levin
bill in the Senate and the Udall bill in the House
do address the vast majority of the key points
that need to be addressed right now to help get
rid of the worst abuses in the credit card industry."
When legislators made noises early
in the year, a couple of the big credit issuers
moved proactively to change their ways. In January
2007, Chase moved from double-cycle billing to
single-cycle in the interest of transparency.
In a similar move, Citi did away with universal
default clauses as well as the "any time
for any reason" increases to rates and fees
in March. "I don't think any consumer advocate
trusts Citi at its word; only time will tell what
happens," says Mierzwinski.
Robert Hammer, chairman and CEO
of R.K. Hammer, a privately held bank card advisory
firm, views the changes optimistically. "The
good news is this: I think the industry is listening
and paying attention. Perhaps in part due to the
attention paid by the legislature; perhaps also
the attention paid by consumers, who are smarter
and read more. It's a combination of things that
are happening that is creating a better environment
for consumers."
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Sources |
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FDIC Bank Trends, March 1998, "The Effect
of Consumer Interest Rate Deregulation
on Credit Card Volumes, Charge-Offs
and the Personal Bankruptcy Rate" |
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FDIC General Counsel's Opinion No. 10;
Interest charges under Section 28 of
the Federal Deposit Insurance Act |
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FDIC General Counsel's Opinion No. 11; Interest charges by interstate state banks |
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FDIC Important Banking Legislation |
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FDIC: The S&L Crisis: A Chrono-Bibliography |
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FDIC:
Advisory Opinions: Does Section 27 of
the Federal Deposit Insurance Act pre-empt
the Michigan Motor Vehicle Sales Finance
Act? |
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Court TV Online: Legal Documents -- Supreme Court of the United States Syllabus Smiley v. Citibank (South Dakota), N.A. |
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Library of Congress Thomas Web site:
Credit Card Act of 2007 (introduced
in House) |
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Library
of Congress Thomas Web site: Stop Unfair
Practices in Credit Cards Act of 2007
(introduced in Senate) |
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