I thank the chairman for yielding and for his leadership. Madam Chair, I rise in support of this manager's amendment. It makes a number of commonsense additions to this legislation, such as requiring all written materials from credit card…
I thank the chairman for yielding and for his leadership.
Madam Chair, I rise in support of this manager's amendment. It makes a number of commonsense additions to this legislation, such as requiring all written materials from credit card companies to be in at least a 12-point font. Gone will be the days of too-small-to-read fine, fine print disclosures and contracts. It requires the better disclosure of credit card terms when potential customers are offered credit cards in retail stores. It warns customers that constant credit applications can have an adverse effect on one's credit score, and it makes a clarification that Congressman Ackerman sought and achieved somewhat in committee with his amendment that was accepted that will ban fees for paying your credit card bill. No more fees for paying your bills. These are all very good and important things.
I support this amendment and urge its adoption.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself 2\1/2\ minutes.
Last week when the President met with executives of the card companies, he said that credit cards had become unnecessarily complicated for consumers, often leading them to pay more than they reasonably expect. After his meeting, his administration reached out to Congress to offer their support of the credit cardholders' bill of rights but also to offer additional amendments and provisions. The one that we are considering now is one put forth by the administration, and this would require cardholders to opt into any over-the-limit coverage on their credit card.
Our constituents are faced with a multitude of fees and penalties that can be assessed to their credit card accounts. In many cases they do not even know the fees exist because disclosure agreements can be confusing and hard to understand. A recent editorial in the New York Times called ``Over the Limit'' detailed one of the so-called ``worst tricks'' used by credit card companies, ``allowing a consumer to overcharge on his or her account but when the bill arrives, the consumer has been assessed an over-the-limit fee.''
I would like to place this editorial in the Record.
[From the New York Times, Apr. 25, 2009]
Over the Limit
President Obama told banking executives this week to clean
up their credit card business. He made clear that he
understands the billowing anger and the huge strains placed
on millions of American cardholders who face sudden interest
rate spikes, hidden fees and tricky contracts that no one
without a law degree and a magnifying glass can hope to
master.
His promises will amount to little unless he follows
through quickly to strengthen bills in Congress designed to
protect credit card customers.
The president said after meeting credit card executives on
Thursday that he and his economic team recognize the need for
credit cards, especially in a tough economy. Small businesses
often depend on the cards to order goods or meet the payroll.
And consumers have learned to enjoy instant credit at the
checkout counter. But as a longtime user of credit cards
himself, Mr. Obama told banking executives that it is time to
reform this area of their business.
He demanded stronger protections against unfair rate
increases and abusive fees along with more oversight and
enforcement. He called for clarity. He wants contracts
written in plain language, minus fine print or ``anytime, any
reason rate hikes.'' He wants people to be able to comparison
shop online, with one option being ``a plain-vanilla, easy-
to-understand, simplest-terms-possible'' card for the average
user.
Credit card operators have long resisted such reforms, and
earlier experiments with self-policing resulted in very
spotty improvements. After complaints from cardholders who
felt tricked by their banks, the Federal Reserve last year
proposed several useful changes that will not, unfortunately,
take effect until July 2010.
There's a better way to help consumers. A credit card bill
of rights proposed by Democratic Representatives Barney Frank
of Massachusetts and Carolyn Maloney of New York would codify
many of the Fed's rules into law. It would ban interest rate
increases on existing balances unless payment is more than 30
days late, and it would forbid ``double-cycle billing,''
which means charging interest on debts paid off the previous
month.
It would also require 45 days' notice for a rate increase
in most cases. An even stronger bill by Senator Christopher
Dodd of Connecticut would make it harder for people under the
age of 21 to get cards, far too many of whom now think
plastic is simply another form of cash. It would also require
creditors to apply a cardholder's payment to the balance with
the highest interest rate. So far, these reforms face fierce
Republican opposition, especially in the Senate.
If the president is really serious about credit card
relief, he could pressure Congress to end some of the
industry's worst tricks right now. Remember when credit card
limits caused great embarrassment at the restaurant? These
days, many cards allow the overcharge, sparing the
embarrassment but socking the customer with a large fee at
billing time. One solution would be to offer consumers the
choice if a real ceiling that renders cards unusable above
that limit.
Mr. Obama has spent a lot of time and energy trying to save
the banks. He and Congress must also do more to spare their
customers.
Our amendment would require credit cardholders to opt in to receive over-the-limit protection on their credit card in order for a credit card company to charge an over-the-limit fee. Additionally, the amendment allows for transactions that go over the limit to be completed for operational reasons as long as they are of a small amount. But the credit card company is not allowed to charge a fee.
For far too long, credit cardholders have been alone in the fight to bring reasonable standards back to credit card practices. With the passage of this amendment and the underlying bill, the Credit Cardholders' Bill of Rights, consumers will be treated more fairly by credit card issuers and will be better able to manage their accounts.
I urge a ``yes'' vote on this amendment.
I reserve the balance of my time.
I yield the balance of my time to my good friend and colleague and coauthor of this amendment, along with the administration, Diane Watson.
Mr. Chairman, I claim time in opposition to the amendment.
Mr. Chairman, I yield myself such time as I may consume.
The amendment seeks to gut all of the consumer protections of the bill as long as the credit card company gives the cardholder 90 days' notice that they are going to do it. This is the exact same amendment that was defeated in the committee with unanimous opposition from the Democrats on the committee, and even a few Republicans voting in opposition.
Allowing issuers to raise interest rates retroactively for a new reason is just creating a loophole for issuers.
The bill allows issuers to impose retroactive interest rates if the cardholder fails to pay or pays 30 days late, which is the time commercial contracts deem late.
So if an issuer is harmed, they have a remedy. In the absence of harm, it's hard to see why we would give the issuer the unilateral right with 90 days' notice to raise the rate retroactively and change the deal with the cardholder.
A deal should be a deal. They shouldn't have these opportunities to change them.
As the Federal Reserve found, and this is important, this is a Federal regulator, the Federal Reserve found most retroactive rate increases are, and I quote, from the Federal Reserve, ``unfair and deceptive.''
In our current mortgage reform discussions, we are trying to mitigate losses by making sure borrowers can repay their loans. Retroactive rate increases do the opposite. They slam borrowers with increased debt and make it less likely that they will be able to repay and pay down the balance.
I believe the best defense against the concerns raised by my colleague is the use of sound underwriting standards by the issuers.
Additionally, nothing in the bill prohibits an issuer from lowering the credit line or canceling the card if they are worried that the cardholder will not repay.
The bill also allows for fees if a customer does not pay on time, for 30 days, or has their check returned. Sound underwriting and these risk mitigation tools will be far more effective in fighting the concerns the gentleman is talking about.
I would say this amendment basically guts the protections that are in the bill that have been endorsed by 54 editorial boards and endorsed by numerous regulators, including the Federal Reserve, and this simply creates a new loophole. I am deeply opposed to it, as was the committee in the committee vote with Republicans' votes.
Mr. Chairman, I reserve the balance of my time.
The Federal Reserve's report on the rule they proposed, which was very similar to the bill, in it they said that disclosure in their studies was not enough; that the practices were so deceptive it was hard for many consumers to understand them and the contract is so complicated and the fine print so small that most people don't even read it. So to build in another loophole undermines the whole purpose of the bill.
This amendment was killed in the committee, and I urge my colleagues to kill it again. It should be Black Flag dead, because it guts the bill and the protections that we are trying to put in place to protect America's consumers.
I yield back the balance of my time, and I urge a ``no'' vote on this amendment.
I thank the gentleman for yielding.
This is an amendment that Congressman Hensarling offered both at the subcommittee and the full committee markups, and it was defeated both times by unanimous Democratic opposition, with even a few Republican votes in opposition to it.
Essentially what this amendment attempts is to create significant exceptions to the consumer protections offered by the underlying legislation and the final rule that was adopted by the Federal Reserve, the Office of Thrift Supervision and the National Credit Union Administrator. These three regulators have called the practices that my colleague would attempt to exempt unfair, deceptive and anticompetitive. Why would anyone in this body want to continue unfair, deceptive and anticompetitive practices? Even competition of the free market, they are saying it is anticompetitive.
I would like to point out during some of the many hearings and meetings and seven hearings that we held on the topic in the last several years, we frequently heard from academics, from regulators, that disclosure is not enough. It is too confusing. It is deceptive. Most consumers do not read the contract, they do not understand the contract, and it is worded in a way that is deceptive.
The President called for a plain vanilla card that people could understand. What this card would be that he is proposing is toxic. It would continue the bad practices and defeat the whole purpose of the bill. This amendment would create a subclass of credit cardholders who would have little to no rights.
The bill provides baseline consumer protections that everyone should enjoy. The last thing we should be doing is creating exceptions or subsets that would allow these abusive practices to continue.
It is abusive. It is wrong. This amendment should be killed Black Flag dead.
I thank the gentleman for yielding.
Mr. Chairman, I am generally in support of what my colleague from Illinois is attempting to do, but I do have concerns that too few consumers would take advantage of this provision or even know that it was available to them. I am going to be supporting your amendment, but I would like to work with you in further refining it.
I know the main concern that has been raised about this provision has focused on preventing fraud. And I fully support efforts to prevent fraud, and I am willing to work with you going forward to ensure that consumers know of their right to reject the card and have this information removed from the credit report.
I would also like to take this time to explain why this provision was added to the bill and why I believe it is necessary in one form or another.
Right now, consumers generally do not know the full terms and conditions of their credit card until they have been issued the card. And once a card has been issued, the card is reported on the consumer's credit report, regardless of whether the consumer uses the card or not. The bill would allow an issuer to report a consumer's application for a credit card, but would not allow an issuer to report the approval of the credit card to the credit bureaus until the card has been activated or used.
Consumers should not have open lines of credit listed on their credit report if they have no intention of ever using the card. And while I appreciate the gentleman's amendment and will maintain this going forward, I just want to ensure consumers receive adequate disclosures relating to this. And so I will be supporting your amendment, and we can help work on further disclosures.
Today, America's consumers can see what a Democratic President and a Democratic majority means to their lives. We can stop these abusive practices by voting down the motion to recommit and voting for the bill.
Small businesses, the Small Business Association was part of our coalition. They support the bill. The National Federation of Independent Businesses, they call it a key vote alert. They will score people on this vote, a vote in support of the legislation.
So we have a chance to vote with the regulators of this country that support the bill and have called these practices unfair, deceptive and anticompetitive. We get to vote with 54 editorial boards across the country that have endorsed the bill, with every consumer group, every civil rights group, and many grassroots organizations that have called this their number 1 legislative priority.
We do not need to delay. We need to vote against this motion to recommit, and we need to move forward in enacting these provisions to protect America's working men and women, particularly when our economy is downturning, many people are losing their jobs. We need to protect our consumers, not delay provisions that can help them better manage their credit and stop abusive practices.
Vote for the Democratic bill.