Comment Period Closes on Credit Card and Overdraft Rules

The comment period has closed for the Federal Reserve's sweeping proposed rule changes for credit cards and overdrafts.  The proposed revisions to Regulation AA, revisions to Regulation DD, and revisions to Regulation Z seek to redefine "unfair or deceptive acts or practices" in connection with credit card accounts and overdraft protection services.

The Federal Reserve reports receiving an unprecedented number of comments on these proposed regulations.  The Fed received nearly 50,000 comments on the proposed revisions to Regulation AA alone.  On a parallel track, the "Credit Cardholders Bill of Rights Act of 2008" (H.R. 5244), which would amend Truth in Lending Act to include new restrictions on billing and practices related to credit cards, is moving to the floor of the House.

"Credit Cardholders Bill of Rights" Passes Committee

The "Credit Cardholders Bill of Rights Act of 2008" (H.R. 5244), which would amend Truth in Lending Act to include new restrictions on billing and practices related to credit cards, has cleared the U.S. House Financial Services Committee and will move to the floor of the House. 

As detailed in the summary, the bill's provisions would make significant amendments to existing law, including:

  • requiring card issuers to give consumers 45 days notice of any interest rate increases;
  • prohibiting card issuers from charging interest on debt that is paid during a grace period (so-called "double cycle billing);
  • prohibiting card issuers from increasing rates retroactively on existing balances unrelated to a consumer's card account (so-called "universal default rate increase");
  • requiring card issuers to mail billing statements 25 days before the due date and to consider timely any payment received before 5:00 p.m. on the due date;
  • restricting terms that may be used in advertisements;
  • requiring certain allocations of consumer payments; and
  • limiting "over-the-limit" fees card issuers can charge consumers.

These proposed changes follow the Fed's proposed rule changes for credit card and overdraft regulations.