GOP Gags Witnesses on Credit Card Woes

Partisan Maneuver Blocked Testimony on Fee Hikes

By Mike Lillis 03/14/2008 | 15 Comments

They came to the nation's capital this week from as far away as Denver, Chicago and Niagara Falls -- five people who'd had tough experiences with their credit cards and were asked to share those tales with a House panel. Instead, they ran headfirst into the buzz-saw of Washington politics when the panel's Republicans insisted the visitors allow their lenders to discuss their financial histories publicly -- in any forum, at any time.

 

For four of the five, it was a deal-breaker. Instead of signing the waivers (pdf) allowing them to testify Thursday, they all sat silently in the audience.

 

"I didn't want all my … information out there for just anybody," said Denver's Susan Wones, who saw the interest rate of her JP Morgan Chase card jump from 0 percent to 23 percent in one month last summer, without notification or explanation. "I'm extremely upset I can't talk about this."

 

(Matt Mahurin) Marvin Weatherspoon, a grandfather from Chicago, echoed the tale. "The waiver was very vague," said Weatherspoon, who claims his card rate jumped from 4.25 percent to roughly 25 percent in the wake of one late payment to Bank of America. "It didn't address the issues we were here to deal with."

 

The controversy came as members of the House Financial Services Subcommittee on Consumer Credit met to discuss legislation that would add a number of consumer protections to current credit card policy. Among the changes, the bill would prevent card sponsors from applying interest rate hikes to existing balances. It would also require issuers to provide 45 days notice of such hikes, and increase the minimum advance billing requirement from 14 to 25 days.

 

Bill sponsor Rep. Carolyn B. Maloney (D-N.Y.) said her proposal will add balance to a market that has grown wildly off-kilter. "The credit card industry has been clear about the responsibility imposed on consumers: make your minimum payments on time and stay under your limit," Maloney said in a statement. "But what about the reciprocal responsibility of card companies?"

 

The proposal has met considerable opposition from banks and other credit card sponsors, who argue that it would steal their power to set interest rates based on the risk of the individual card holder. Without that option, companies say, rates for everyone would rise, while many borrowers would lose their cards altogether. Most House Republicans have sided with the industry.

 

"As with any government intervention in the free market," Rep. Spencer T. Bachus (R-Ala.), ranking member of the Financial Services Committee, said in a statement, "the bill presents a real danger of restricting the range of products and services that credit card issuers currently offer."

 

Republicans and card sponsors both want Congress to remain on the sidelines while the Federal Reserve applies reform through regulations. Oliver Ireland, a banking consultant with the Washington-based law firm Morrison & Foerster, told lawmakers that regulators will make more precise and appropriate changes than Congress ever could.

 

But supporters of congressional intervention say the Fed has a history of putting bankers' interests above those of consumers. "The regulators have been lax in enacting consumer protections, except under the threat of legislation," said Lawrence M. Ausubel, an economics professor at the University of Maryland.

 

At Thursday's hearing, the first panel was to consist of five card holders who had suffered interest rate hikes or unexplained user fees despite a claimed history of responsible borrowing. The GOP waiver requirement came as a surprise, the witnesses said, not least because it surfaced just one day before the hearing. "I didn't have time to contact a lawyer or anything," Wones said.

 

In addition, witnesses said they were concerned with the vagueness of the one-sentence waiver language, which offered no limitations on where or when the lenders could discuss their credit histories.

 

"I think we would have ended up in a banking journal five years from now as a case study," said Steven Autrey, of Fredericksburg, Va. "I don't know."

 

In 1999, Autrey said, he picked up a Capital One card because the 9.9 percent interest rate was advertised as "fixed for life." But last year, without indicating any problems with Autrey's credit, the company hiked his rate to 16.9 percent.

 

Both Autrey and Wones said they were prepared to sign more detailed waivers that wouldn't give the card companies so much freedom to discuss the witnesses' finances outside of the hearing, but the committee's Republican staff refused to compromise. Wones said one GOP staffer "got belligerent and wasn't happy" with her suggestions to modify the waiver.

 

The committee's minority office did not respond to several calls for comment.

 

The plight of the borrowers -- combined with the GOP's efforts to silence them -- have riled a number of House Democrats, some of whom accused the Republicans of protecting the credit card industry at the expense of consumers. Colorado Rep. Mark E. Udall (D) called Thursday's removal of the consumer panel "a form of intimidation."

 

"Susan Wones is not going to put the credit card companies out of business," Udall said at an impromptu gathering after the hearing. "She just wants her story to be told."

 

Maloney has scheduled a second hearing on the topic for April 9. The New Yorker said she wants to work out a compromise allowing the same consumer witnesses to return.

 

Meanwhile, those would-be witnesses were openly frustrated with the odd experience surrounding their canceled testimonies -- not to mention the partisan animosity that has come to define Washington politics.

 

"I couldn't deal with this stress on a daily basis," Wones said. "I'm not sure how anyone does."

 

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Comments:

nikkym
Posted 03/14/2008 11:09am with

Thanks for this important story.

Bank of America jumped my rate from 9.9 to 24% in one month with no explanation and with no notification—I only happened to look at the rate section on my bill. When I called immediately to complain, they put me on hold for 20 minutes before they knew what it was about, then another 25 minutes after they were redirecting me. They claimed that it was in the fine print that they could change their rate at any time. This did not follow errant or delinquent behavior on my account—no late payment, no going over my limit. As far as I can tell, Bank of America is a complete bully, and greedy, as well as devious. Before this incident, they had changed the whole format of the bill, saying it was for better readability. But it was clearly worse—grey on grey lettering, smaller print. I couldn’t easily see my due date or minimum payment. Capital One also hiked my “fixed for life” rate from 9.9 to 23%.

It’s up to Washington to make sure that the banks can’t constantly increase the squeeze on the working class, and the working middle class. The free market run rampant leaves democracy far behind. Congress has a chance to negotiate btwn capitalism and democracy.

Mike Lillis
Posted 03/14/2008 11:55am with

To Nikkym: You’re story is not rare. Another would-have-been witness at yesterday’s hearing, Christy Mylar Smith, said her husband had used his CitiBank card for 10 years without paying late or exceeding his credit limit. But after two late payments in one year (one made just hours late, as the couple was returning from a vacation), the rate jumped from 12.9% to 32.5%—without notification.

Marvin Weatherspoon, mentioned in the article, took out a $12,000 loan for home repair bills in 2000. At the time, the rate on his BoA card was $4.25%. Today, it’s nearly 25%. Though he’s made the minimum payment each month, he’s paid down only $800 of the loan’s principal in eight years. (This is a guy who, after working for 28 years at the Chicago Convention Center, makes $17.26 an hour.)

The banks and the Republicans want regulators—not Congress—to make the reforms, though historically the Federal Reserve regulation (Reg Z) they’re referring to has simply dictated what disclosures card companies must make to customers. As New York Rep. Gary Ackerman (D) asked yesterday: What good is disclosure “if all it does is tell you how many ways the card will screw you?”

Advocates recommend that consumers relate any horror stories to their congress members. Consumers Union has a spot on its Web site to log complaints, as does the Service Employees International Union. Another spot is Consumer Action (www.consumer-action.org), which is the group that brought Christy Mylar Smith to Washington.

kgrube
Posted 03/14/2008 09:50pm with

CREDIT CARD COMPANIES IN AMERICA

I have had excellent credit for the past twenty years. In fact the credit card companies, American Experess, JP Morgan Chase, and Bank of America have sent me letters extending my credit limits. And then it all came to a crashing halt!

We missed a house payment due to a computer glitch at our home mortgage bank. The new escrow amount was finally straighten out, 8 months later with all penalities and fees removed. MidWestern Financial Credit Union Bank of Ann Arbor refused to take the one late payment off our record. They would not admit any culpibility. J P Morgan Chase and Bank of America jacked up my credit card rates under the “Universal Credit Default” clause which allows on late payment from a spouse with joint ownership of an asset such as a mortgage to be used to raise all credit cards to the maximum of 24.95% plus penalities yielding 32% total. (Michigan)

After months of discussions and letter writing to the credit card report services and to Bank of America and JP Morgan Chase settlement finally evolved. Bank of America agreed with me and returned my rate to its original lower amount. The Credit reporting Services agreed with me and took the blips off my record. On the other hand, J P Morgan Chase sued me for the full amount pluse $2,000 in additioanl fees. We settled one week before trial with J P Morgan taking $6,000 less than the original amount owed. J P Morgan Chase wrote off the entire $25,000, that’s a savings of 35% from their corporate taxes, the lawyers got there juicy cut, and I got a lesson in legalized loan sharking, outrageous usury, and unethical behavior. OF COURSE it will take 3 years to repair my credit. Our congress and the President imposed these new credit card rules in 2005 as part of the Bankrupcy Laws Reform. (some reform?) In my opinion, it is unconstitutional at both the State and Federal levels, but this takes thousands dollars to buy the lawyers necessary to right the ship of justice. Signed: “Discusted Senior Citizen”

shoreline_md
Posted 03/14/2008 11:52pm with

Many horror stories like the ones written above – thank you all for sharing. Once read about this low key Fed_gov agency, US Office of the Comptroller of the Currency(OCC), that is responsible for the banking industry. From what I have read, many times they acted in unison with banks rather the good of the general public at large.

http://www.occ.treas.gov

I did a search and came up with this link:

http://www.pirg.org/consumer/bankrupt/bankrupt2.htm

On the Senate side, Sen. Chris Dodd is very interested in these issues as the Chairman of the Banking Committee.

shoreline_md
Posted 03/14/2008 11:54pm with

http://www.truthaboutcredit.org/

USPIRG and the Student PIRGs have teamed up with the SEIU to discuss credit card abuses at a Town Hall meeting with US Congressman Barney Frank and Massachusetts Attorney General Martha Coakley. Share your story of abusive credit card practices and sign up to attend the meeting, which will be held on March 19th, at 9:00 am, at the SEIU Local 615, 26 West Street, 3rd Floor, Boston, MA 02111.

shoreline_md
Posted 03/14/2008 11:58pm with

U.S. Senate Committee on Homeland Security and Governmental Affairs
Permanent Subcommittee on Investigations

http://hsgac.senate.gov/index.cfm?Fuseaction=Hearings.Det…

Title: Credit Card Practices: Fees, Interest Rates, and Grace Periods
Date: 3/7/07
Time (EST): 10:00 AM
Place: Dirksen Senate Office Building, Rm. 342
The Permanent Subcommittee on Investigations has scheduled a hearing entitled, “Credit Card Practices: Fees, Interest Rates, and Grace Periods.” 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.

tedhensley
Posted 03/15/2008 02:43am with

This is so expected of the Republicans: Take care of big business and their constituents be damned.

mmtrask
Posted 03/15/2008 03:33pm with

Can someone please explain to me how the minority party is allowed to require waivers before witnesses are allowed to testify before a committee? It would seem to me that the chair of that committee could have easily overruled such a blatant attempt to stifle the testimony.

Unfortunately, it appears the Democrats on this committee are just as complicit in this as the Republicans. Either that or they are just completely spineless.

You know, like with the impeachment thing…..

Laura McGann
Posted 03/15/2008 08:39pm with

mmtrask—I see you found Mike’s followup post over at The Independent Streak (our staff blog). For anyone else interested, here it is:

http://www.washingtonindependent.com/view/questions-of-wa…

gfjonsson
Posted 03/16/2008 02:47pm with

Everyone that has credit cards knows very well that you are constantly getting new cc offers and transfer offers. The sad part is that the cc holders never enjoy interest rate cuts. The soon to come credit card bubble is going to be much larger than the housing bubble.

leeruss
Posted 03/16/2008 05:50pm with

Two questions:

1. How can the Republican minority impose this waiver requirement over the objection of the Democratic majority?

2. Did the Repubs also insist that the credit card issuers sign similar waivers, making the details of their financial condition and interest rate decisions public for all to see and comment on.

I’m pretty sure the answer to 2 is a resounding “no.” What the hell is the answer to 1?

grosquist
Posted 03/19/2008 07:29pm with

Why not ask this panel’s Republicans to disclose how much they got from the credit card industry and their lobbies in campaign contributions. Like the sub prime scam that has not only victimized many in America to lose their homes by unconscionable mortgages (and causing a much larger financial crisis for the nation as a whole by causing further lose of thousands upon thousands of jobs and of billions in investments in a plummeting stock market, etc.), the credit card industry (a monopoly on top of all else) has had the White House, Congress, government agencies like the Office of the Controller of the Currency and even the Supreme Court rig the game for them to fleece the American consumer. They did this by wiping out usury laws of the several states in a single Supreme Court decision legislating from the bench; undermined the bankruptcy laws by predatory laws to defeat them to prevent people from getting out of crushing debit (even Hillary Clinton as first lady got Bill to veto the bill but she voted for it a Senator because she needed the campaign contributions from the industry); under the guise and pretext of Executive Branch jurisdiction of the OCC have prohibited and blocked suits by the Attorneys General of some 48 states for numerous and systemic abuses and frauds in the credit industry within their respective states without any meaningful action by the OCC (Their token case was Providian in California); and deregulation of the predatory banking industry to set lose a hungry monster to pray upon the public at its own will.

Frontline, a PBS program aired a recent episode (on channel 13 here in NYC) called The Secret of The Credit Card. If it was not aired in your area, or you missed it, you can log onto the web at PBS.org and to be sure to find it type in a NYC zip code when asked for your zip. There you will find a computer rebroadcast, and the transcript of the program along with other related information.

America has become too reliant on credit cards just to make ends meet. That is the absolute last reason to use credit at all. If you can’t make ends meet, as it is, you most definitely will not be able to with added interest and penalties that build and compound fast. You will pay far more for your purchase than you thought you would on the sticker price. Our government and the Federal Reserve through monetary and fiscal policy regulate the printing of new money and the availability of money to curb inflation which in general is too much money competing for too few goods which makes the price of all goods go up. When they publish the Consumer Price Index it does not include the estimated 70% added on by credit card interest and penalties. Credit cards defeat that purpose because they create money that does not exist but on paper (not paper money itself). It is spending now money one does not have yet, and might not even get if jobs are lost or catastrophic events like a divorce, a medical crisis or some other unforeseen event obstructs one’s income and/or finances. The best thing that the people can do for themselves is to cut up those credit cards and deal on a much safer cash and carry basis. Our government has obviously refused to help us so we need to help ourselves. We might also rethink our voting habits too. If they hadn’t backed to outsourcing of millions of jobs from America it would not be so hard to make ends meet in the first place.

grosquist
Posted 03/19/2008 09:31pm with

This is also why we need universal health care. 50 million do not have health care at all and also everyone else is underinsured with insurance company loopholes that get them out of paying claim at all or refuses to cover people because of preexisting conditions or as risks for things like being overweight. As a result people are left in catastrophic debt when struck with catastrophic illness and huge medical bills they could never pay. The American people are also unemployed or underemployed because of job outsourcing too. This country is in an economic crisis and Bush wants to continue spending billion upon billions of taxpayer money on an immoral and unnecessary war in Iraq. Have we all gone mad!

mclaren
Posted 04/22/2008 05:01pm with

Ah yes. So here we are in America in 2008. Contracts mean nothing, unless they mean something. And the individual has no responsibility, until congress wants them to testify and then they have righteous anger. And congress wants to “do something” wich invariably means doing something bad. And them it comes to “health care” which some Americans in 2008 believe is a right, not a choice. With the level of economic illiteracy in this country, I’m almost surprised I haven’t heard that “housing” or “food” or “cars” are rights.

creditcard
Posted 07/13/2008 10:44pm with

Credit Cards Australia

Compare credit cards with Australia’s leading financial
comparison web site, Credit world.

-http://www.creditworld.com.au/credit-cards.html

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