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"Se togliamo il fondamento della giustizia, che cosa sono gli stati se non delle grandi associazioni a delinquere ?" - Sant'Agostino da Ippona, 426 d.C. (De civ. Dei 4, 4)



Consumerismo    

Riforma delle carte di credito: condizioni contrattuali piu' equilibrate.

Riforma, negli Usa, approvata.
26.05.2009 - pag. 68747 print in pdf print on web

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Carte di credito: anche in Italia sempre piu' giovani non si rendono conto di quanto spendono, e le condizioni contrattuali tutelano completamente le aziende ma non i titolari.

Nancy Pelosi lo dice chiaramente: si deve riequilibrare i rapporti e permettere la pianificazione delle spese.

"Today, the House passed the final version of the Credit Cardholders Bill of Rights, H.R. 627. This version of the bill was passed in the Senate yesterday by a vote of 90-5. The bill now goes to the Presidents desk for his signature. "

Stop the credit cards abuses.

4/30/2009--Passed House amended.
Credit Cardholders' Bill of Rights Act of 2009 -
Section 2 -
Amends the Truth in Lending Act to prohibit a creditor from increasing any annual percentage rate of interest (APR) applicable to the existing balance on an open end consumer credit card account unless specified conditions are met.
Allows a creditor to increase an APR on the existing credit card balance only if the increase is due solely to: (1) a change in index; (2) expiration of the promotional rate; (3) payment not received during the 30-day grace period after the due date; or (4) consumer failure to comply with a workout plan. Prohibits any such APR increase from exceeding the APR applicable to the particular category of transactions on the day before the effective date of the workout plan.
Directs the Board of Governors of the Federal Reserve System (Federal Reserve Board) to prescribe standards governing such workout plan.
Requires a 45-day advance notice of: (1) credit card account rate increases, except one resulting from a change in index, and (2) significant contract changes. States that a notice of an account rate increase shall not be effective before the end of the one-year period beginning when the account is opened.
States that, in the case of a promotional rate, no written notice of an increase in the APR shall be effective before the end of a six-month period beginning from the date the promotional rate takes effect.
Requires a creditor to provide a 30-day advance notice of an account closure.
Section 3 -
Prohibits imposition of a finance charge, with certain exceptions, upon a credit card account balance that is based on balances for days in billing cycles preceding the most recent billing cycle (double billing cycle) as a result of the loss of any grace period.
Prohibits the imposition of a fee on an outstanding credit card balance, at the end of a billing period, that is attributable only to interest accrued during the preceding billing period on an outstanding balance fully repaid during that preceding billing period.
Requires each periodic statement of account to provide the toll-free telephone number, Internet address, and website at which the payoff balance may be requested, including statements of account issued by a small issuer (of fewer than 50,000 credit cards).
Grants a consumer the right to reject a new credit card after the creditor notifies a consumer reporting agency of its corresponding account.
Requires a creditor to remove information furnished to a consumer reporting agency concerning establishment of a newly opened credit card account if the consumer: (1) has not used or activated the account; and (2) contacts the creditor within 45 days of its establishment to close it.
Prescribes requirements for the terms of any credit card account, particularly fixed rate and prime rate, under any open end consumer credit plan.
Declares that, if two or more different APRs apply to different portions of an outstanding balance, the amount of any periodic payment beyond the required minimum payment shall be allocated first to the balance with the highest APR. Allocates any remaining portion to any other balance in descending order, based on the applicable APR each portion of such balance bears, from the highest rate to the lowest.
Sets forth special rules for accounts with promotional rate balances or deferred interest balances.
Prohibits a creditor from denying a cardholder a specified payment grace period if the cardholder takes advantage of a promotional rate balance or deferred interest rate balance.
Requires creditors to send a periodic credit card statement of account to the consumer at least 21 calendar days before the due date for the next payment on the outstanding balance.
Prohibits a creditor from treating as a late payment the receipt of a periodic payment by mail as of the creditor's next business day if the date established by the creditor as the payment due date is a day on which mail is either not delivered or is not accepted by the creditor for processing.
Directs the Federal Reserve Board to suggest appropriate guidelines for creditors to follow with respect to credit card accounts to supply consumer cardholders with information regarding the availability of legitimate and accredited credit counseling services.
Section 4 -
Prohibits the charge of an over-the-limit fee unless the consumer permits the creditor to complete the relevant transaction (opt-in).
Allows imposition of an over-the-limit fee only once during a billing cycle. Prohibits its imposition in a subsequent billing cycle with respect to such excess credit, unless the consumer has obtained an additional extension of credit in excess of the credit limit during that subsequent cycle.
Prohibits imposition of any over-the-limit fee if the credit limit was exceeded because of a credit hold, unless the actual amount of the transaction for which the hold was placed would have resulted in the consumer's exceeding such credit limit.
Section 5 -
Prescribes the contents of credit card price and availability information which the Board must collect and make public semiannually.
Section 6 -
Prescribes a standard for the initial issuance of subprime or "fee harvester" cards (accounts requiring first-year fee payments in excess of 25% of the total amount of credit authorized). Prohibits payment of any fee from the credit made available by the card (other than any late fee, any over-the-limit fee, or any fee for a payment returned for insufficient funds).
Section 7 -
Prohibits extensions of credit to consumers under age 18, unless they are emancipated under state law, or the consumer's parent or legal guardian is designated as the primary account holder.
Prescribes procedures for the issuance of credit cards to full-time, traditional-aged college students. Limits the maximum amount of credit which may be extended to a college student for whom no one else assumes joint liability to the greater of: (1) 20% of the student's annual gross income; or (2) $500. Limits the aggregate credit limits of all such credit cards to 30% of the student's annual gross income in the most recently completed calendar year.
Requires: (1) parental approval to increase credit lines for accounts for which the parent is jointly liable; and (2) a creditor to require adequate proof of income, income history, and credit history before any college student credit card account may be opened by or on behalf of a student.
Prohibits a creditor from opening a credit card account for any college student who: (1) has no verifiable annual gross income; or (2) already maintains a credit card account with that creditor, or any affiliate.
Section 8 -
Prohibits a creditor from imposing a fee based on the manner in which payment on the account is made.
Allows a creditor to assess a fee, however, for crediting a payment to the obligor's account if the obligor requests to make an expedited payment on a credit card account by telephone on the date that a payment is due or the immediately preceding day.
Section 9 -
Directs the Federal Reserve Board to prescribe regulations prohibiting creditors from making adverse reports to any consumer reporting agency regarding a credit card account held by an active duty military consumer or recently disabled veteran receiving compensation for a service-connected disability.
Section 10 -
Requires creditors to post on an Internet site the written agreement between the creditor and the consumer for each open-end consumer credit plan not secured by a dwelling that has a credit card feature.
Section 11 -
Revises and expands requirements for mandatory minimum payment disclosures which a creditor must furnish.
Section 12 -
Directs the Federal Reserve Board to review biennially, publish in the Federal Register, and report to Congress on specified aspects of the consumer credit card market.
Directs the federal banking agencies and the Federal Trade Commission (FTC) to report annually to the Board, and the Board to include in its annual report to Congress, on their supervisory and enforcement activities regarding credit card issuer compliance with federal consumer protection statutes and regulations.
Section 13 -
Requires credit card solicitations to include a warning on adverse effects of excessive credit inquiries.
Section 14 -
Prescribes a minimum type-size and font requirement for credit card applications and disclosures.
Section 15 -
Directs the Federal Reserve Board to report to certain congressional committees on the extent to which creditors have reduced credit limits or raised interest rates applicable to credit card accounts based on specified factors, including the geographical location of a credit transaction, the identity of the merchant involved, the consumer's credit transactions, or the identity of a consumer's mortgage creditor.
Section 16 -
Directs the Federal Reserve Board to prescribe regulations to require any creditor to establish procedures to ensure that any administrator of an estate of any deceased obligor can resolve outstanding credit balances of the estate in a timely manner.
Section 18 -
Sets forth a requirement for disclosure signs on the premises of stores accepting credit card account applications.
Section 19 -
Declares the effective date for this Act as the earlier of either: (1) the end of the 12-month period beginning on the date of enactment; or (2) June 30, 2010.
Directs the Board to prescribe final implementing regulations before the earlier of: (1) the end of the five-month period beginning on the date of the enactment of this Act; or (2) June 1, 2010.
Prohibits any increase in an APR from taking effect during the period beginning 90 days after enactment of this Act and ending on the effective date of all the amendments under this Act, unless the creditor provides written notice to the consumer at least 45 days before such increase, and fully and conspicuously describes the change and how it applies to an existing balance.

 

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"Se togliamo il fondamento della giustizia, che cosa sono gli stati se non delle grandi associazioni a delinquere ?" - Sant'Agostino da Ippona, 426 d.C. (De civ. Dei 4, 4)








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