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Dodd and Levin take on the credit card industry

by: Nelson

Wed Mar 21, 2007 at 05:42:04 PM EDT



Disclosure note: I'm working with UnfairCreditCardFees.com to help raise awareness about the interchange fee. This is an updated version of a post that has appeared on other progressive sites.

Not familiar with the interchange fee?  That is probably because Visa and MasterCard want it that way, seeing as how they control more than 80% of the market and wrote rules that make it virtually impossible to tell consumers how much interchange fees cost them. Whether you're from New Jersey or anywhere in the US, this is an issue that affects us all. 

The interchange fee is a percentage of each transaction that Visa and MasterCard banks collect from merchants every time a consumer uses a credit or debit card to pay for a purchase.  If you're curious the cost was more than $30 billion in 2005, more than late, annual and cash advance fees combined.  Additionally, interchange fees cost the average American family hundreds of dollars per year.  In fact as this consumeraffairs.com article highlights,

Interchange fees are often so high that merchants lose money on plastic transactions, particularly for `micropayment' purchases such as food. Because retailers are barred from offering discounts for buying with cash, the end result is that prices go up for all the goods they sell, and consumers never know why.
Nelson :: Dodd and Levin take on the credit card industry
Luckily there is good news as you may have heard about Sen. Chris Dodd's efforts to expose predatory lending practices in the Senate Banking Committee.  In addition, two weeks ago Sen. Levin shed further light on the credit card industry in a hearing  entitled, "Credit Card Practices: Fees, Interest Rates, and Grace Periods."  According to the Senate Homeland Security & Governmental Affairs Committee website :

It is the first of several Subcommittee hearings that will examine a variety of credit card practices that raise concerns. This hearing will focus on how credit card issuers apply interest rates and fees to consumer accounts. It will examine, for example, how credit card issuers select and apply interest rates and, for consumers carrying a balance forward, eliminate grace periods for repaid debts. It will also analyze high fees charged for late payments, over-the-limit charges, and other matters, including how those fees are assessed, how they add to interest costs, and how they contribute to consumer debt. In addition, the hearing will examine an industry practice requiring consumer payments to be applied first to balances with the lowest interest rates instead of to balances with the highest interest rates. The hearing will draw, in part, from a September 2006 GAO report detailing the finance charges, fees, and disclosure practices associated with 28 popular credit cards.

According to an American Banker article (that is behind a pay door), the credit card companies are none too happy about this increased negative exposure and are worried about the fallout coming from this increased scrutiny coming from Capitol Hill.

Lobbyists said they worry that the hearing - featuring witnesses from Citigroup Inc., JPMorgan Chase & Co., and Bank of America Corp. - will draw significant negative press attention, putting a dent in their reputations and pressuring other lawmakers, like Senate Banking Committee Chairman Chris Dodd, to act. [...] Publicly, industry representatives said their hope is to try to rebut any charge that credit card companies routinely use unfair or deceptive practices. [...] But privately, industry lobbyists said they know credit card companies are under increasing scrutiny. Sen. Dodd has already promised a series of hearings in the Banking Committee on credit card practices, and several consumer groups are promoting an independent documentary, `Maxed Out,' that chronicles consumer problems with credit card debt.

What was more surprising was the commentary of Republican Sen. Norm Coleman:

I should mention one other industry practice that is not the focus of today's hearing, but is extremely important, and that is the interchange fees charged to merchants by Visa, MasterCard, and other card associations. Interchange fees can significantly impact the prices charged by merchants and retailers, many of whom already operate on extremely thin profit margins. Ultimately, it is the American consumer who bears the cost of these interchange fees, but local retailers also feel the squeeze as they compete with larger company's that can spread these costs over a broader customer base. As the Subcommittee continues its investigation of the credit card industry, this important issue should be one of the continued subjects of our inquiry.

Wow. Guess Al Franken has already had an impact!

Hopefully these hearings and the efforts of Senators Levin and Dodd can serve to raise awareness amongst not only other lawmakers but also consumers whom the credit card industry has intentionally kept in the dark for far too long. I would urge all of you to contact Senator Menendez , who sits on the Senate Banking Committee, and share your thoughts with him on this issue. 

We're working to change things. Stop by our site, have a look, and get yourself educated.  Thanks. 

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we need a New Jersey connection (0.00 / 0)
this is a New Jersey blog.  Perhaps you could add the stance of someone from New Jersey.  Otherwise the site administrator is likely to delete the diary.

Frank LoBiondo Record and Jon Runyan Watch

Menendez (4.00 / 1)
The fact that Menendez is on the Banking committee and has cast votes the wrong way in the past on consumer credit issues like the Bankruptcy Bill should be more than enough of a NJ connection.

[ Parent ]
you're right (0.00 / 0)
I think I need a good night's sleep.

Frank LoBiondo Record and Jon Runyan Watch

[ Parent ]
I appreciate the warning (0.00 / 0)
and hope you got a good night's sleep.

As rachael'sdad pointed out, I had hoped Senator Menendez being on the Banking Committee and the fact that everyone in the US bears the cost of interchange fees would make this diary relevant here. 



[ Parent ]
Pay to Play in the Banking/Credit Card Industry... (0.00 / 0)
is the name of the game.

When it becomes a criminal offense for a pol to take money from these thieving deceptive rapacious vampires, then all of a sudden, you'll see legislation that protects voters/consumers.

Obviously, the (competent) rich use credit cards galore, and never pay a dime in interest or in fees. Meanwhile the working/middle class stiffs get the royal shafting.

As it is now, the vampires are winning...and, unless a whole LOT of light is shed on this legalized loansharking/usury nothing will change.

It's a shame that pols tend to do the right things only if and when they are forced to because they are afraid of losing cash or an election.  What's wrong with this picture?

I would love to see our New Jersey Senator, Bob Menendez, become a zealous crusader on this issue instead of being part of the problem.

BTW, Nelson what about the rest of the NJ delegation?  Can you give us a scorecard on them re this issue?


Menendez is not part of the problem (0.00 / 0)
He's changed his ways on credit card legislation. This was widely reported when it happened, so I'm disappointed to see anyone call him "part of the problem" on credit card legislation.

Just under a year ago, he introduced two bills that would make up a "Credit Card Bill of Rights."  The press release announcing the legislative package can be found at his Senate website.

The Protection of Young Consumers Act will protect people, especially college students and other young people, against skyrocketing consumer debt and the barrage of credit card solicitations that lead to it. The proposal will: 1) build on the current "opt-out" provision regarding pre-approved credit card offers by prohibiting credit card solicitations to consumers under 21 unless they proactively "opt-in" to receive such solicitations; and 2) establish a financial literacy and education program in elementary and secondary schools to help prepare young people to be financially responsible consumers.

The Credit Card Reform Act will also protect consumers against excessive fees and interest rates. It will: 1) prohibit "universal defaults" in which a credit card company imposes excessive increases in interest rates for events completely unrelated to the payment history on that account; 2) restrict excessive late fees; and 3) tighten regulations on credit card companies to ensure that they are not offering credit to high-risk cardholders without verifying their ability to pay.



[ Parent ]
You Have a Bit of a Point.... (0.00 / 0)
.....however, as you know, this industry is rife with ongoing predatory and confiscatory practices http://www.cbsnews.c...

An Ohio man whose $3,200 credit card debt mushroomed to $10,700 with interest and fees told his story Wednesday to senators, who denounced the industry for confusing billing practices and shifting interest rates.

Executives of three major banks defended their credit card practices as responsible and responsive to consumers' needs in testimony at the hearing of the Senate Homeland Security and Governmental Affairs' investigative subcommittee. Those from Citigroup Inc. and Chase Bank USA said their companies were eliminating some practices - including the one that hit Wesley Wannemacher of Lima, Ohio, with over-limit fees on his Chase card account 47 times although he went over his credit limit only three times.

The interest charges and fees on Wannemacher's account more than tripled his debt despite his having made payments averaging $1,000 a year over six years, noted Sen. Carl Levin, D-Mich., the subcommittee's chairman.

Also, the "sub-prime" mortgage industry has been legally raping people for years now....that needs to be cleaned up.  It's in the news, but it hasn't been a secret to policymakers. 

Sure, it's great that Menendez chose to "change his ways" just before running for the Senate...though I have to wonder, since those no bill has yet passed, how serious the Democrats are about standing up to the credit/banking industry?

From the same story quoted above.

Senate Banking Committee Chairman Christopher Dodd and other Democratic senators challenged credit card executives at a hearing in January over rising late fees and other penalties and marketing practices they portrayed as predatory. Dodd, D-Conn., said he was putting the industry on notice that if it doesn't improve practices on its own, legislation may be warranted.

May be warranted? 

Has Menendez committed to reversing the Bankruptcy legislation that was a giveaway to the credit card companies?  Why did he make that dumb vote anyway?

So, I'll give Menendez credit for changing his style; but until he starts pushing and pushing hard in an energized pro consumer public display of advocacy...it will be tempting to believe that the conversion was cosmetic (i.e to get elected) and that the "fix" is still in.

Scott, would it really be so terrible if a US Senator in 2007 started sounding like Paul Wellstone!

Menendez has it in him to be great.  My mom was a seamstress/dressmaker too.  I know where he's coming from.  I know he has the potential to be a populist/progressive/activist Senator.....and I say he needs to go there and let go of trying to be part of the old boy power network. 

That's not where the future is.  Menendez has nearly six years to simply do what's right and to forget about trying to raise money to get re-elected.  I say if he moves in the direction of a Paul Wellstone type Senator he won't need much money at all.

PS

http://www.dailykos....

The details of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 reveal it to be a bill crafted as a Republican paean to MBNA, the largest single contributor to the Republican party.  Far from being either an effort to stem "Bankruptcy Abuse" or an effort at "Consumer Protection", the bill is in fact an attempt to rewrite bankruptcy laws to reduce the ability of those laws to protect consumers from predatory lending practices on the part of MBNA members, and to stiffen the capabilities of those corporations to collect from consumers already suffering from extreme financial hardships. 

[ Parent ]
You're right (0.00 / 0)
that essentially through interchange fees low-income consumers basically subsidize rewards card programs.  Plus, it is these rewards cards that carry the highest interchange rate so it becomes a vicious cycle.

Plus, one would assume that transactional costs like credit card interchange fees should drop with volume, but instead these fees keep rising. In 2001, Visa, MasterCard and their issuing banks collected $16.6 billion in credit card interchange fees. By 2005, these fees increased to $30.7 billion.  Plus, only 13% of the interchange fee goes to covering the transactional costs.  The rest goes to fund the rewards programs, marketing, and profit.  The credit card industry has found a cash cow and they surely don't want to let go.

Nick, my apologies, but regarding the stance of the rest of the NJ delegation, I'm not positive. I would recommend contacting them to find out.


[ Parent ]
another question (0.00 / 0)
so is the interchange fee variable?  For example, might my citi mastercard have a different interchange fee than a Capital One mastercard, or might different citi mastercards have different interchange fees?



Frank LoBiondo Record and Jon Runyan Watch


[ Parent ]
Yes (4.00 / 1)
the interchange fee varies with the type of card, size of merchant and other factors, but averages close to 2 percent for credit card and signature debit transactions. As wikipedia point out,

For example, a premium credit card that offers rewards generally will have a higher interchange rate than do standard cards. Transactions made with credit cards generally have higher rates than those with signature debit cards, whose rates are in turn typically higher than PIN debit card transactions. Sales that are not conducted in person, such as by phone or on the Internet, generally are subject to higher interchange rates, than are transactions on cards presented in person.


[ Parent ]
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