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In olden days, financial
institutions offered fewer services than today
and not many people had credit cards. A couple
of key Supreme Court rulings changed everything
-- first paving the way for a consumer society
fueled by plastic and then unleashing the fees.
Before 1978, national banks were
prohibited from charging interest rates that exceeded
state laws. Lenders could charge only what was
allowed by state regulation. For instance, a New
York-based bank making a loan to someone in Missouri
could charge them interest based on Missouri's
limits, not New York's. Certain regulations protected
community banks and forced national lenders to
contend with 50 different rules regarding the
imposition of interest charges. A Supreme Court
decision transformed the way national banks did
business and started the trend toward interest
rate deregulation.
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Timeline for the history
of fees |
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1978:
In Minneapolis v. First of Omaha Service Corp.,
the Supreme Court basically revolutionized the
banking and credit card landscape by ruling that
national banks actually could export interest
rates across state lines. They came to this conclusion
after examining Section 85, the clause that governs
interest charges, of the National Bank Act, which
established a national banking system in 1864.
Shortly after the ruling, big banks began packing
their bags for states such as Delaware and South
Dakota, which have no ceiling on interest rates.
1980:
After that, state-chartered banks began clamoring
for looser lending standards and higher caps on
interest rates from their legislatures. Inflation
and rising interest rates collided to lead to
changes. After Congress passed the Depository
Institutions Deregulation and Monetary Control
Act of 1980, smaller banks and savings and loans
were less constrained on how much interest they
could charge on loans and also could pay higher
interest rates on their deposit accounts. The
act effectively sought to negate the advantage
that national banks held over the community banks
so that they could keep money in the form of deposits
in addition to getting in on the credit card game.
An FDIC paper, "The Effect of Consumer Interest
Rate Deregulation on Credit Card Volumes, Charge-Offs
and the Personal Bankruptcy Rate," says it
was at this point that consumer-debt levels began
to rise, as did personal bankruptcies.
1996:
Fees always existed but it wasn't until 1996 that
they really came into their own. In that year
the Supreme Court ruled on another landmark case,
Smiley v. Citibank. Court papers show that Barbara
Smiley held two Citibank credit cards on which
she was charged late fees allowable by South Dakota
law. The California resident thought the fees
shouldn't be permitted across state lines. The
question the court considered was whether "fees"
represented interest charges as allowed by Section
85 of the National Bank Act in the court's earlier
interpretation. They ruled that, yes, fees should
be included with the term interest, which meant
that fees and penalty interest could basically
be whatever the bank's home state would allow.
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