Credit Cards

The real quid pro quo in Washington

While Congress holds hearings on the Marc Rich pardon case, it should also take a look at its own payoff to credit card giants in passing the bankruptcy bill.

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While the House Government Reform Committee was picking through the increasingly rotten carcass of the Marc Rich case last Thursday, looking for what its chairman, Rep. Dan Burton, R-Ind., called the “quid pro quo” of “money for pardons,” one block away on the floor of the House, another even more glaring example of the disturbing link between political donations and political decision-making was on display.

But no congressional committee is trying to uncover the quid pro quo in H.R. 333, the first major piece of legislation to come out of the 107th Congress. Passed by a vote of 306 to 108, the bill will make it harder for consumers to declare bankruptcy. It will also, not coincidentally, add billions of dollars to the bottom line of banks and credit card companies.

That’s the quid. And here’s the pro: The credit card and finance industries doled out $9.2 million to federal candidates and the Democratic and Republican parties in 2000, more than doubling the $4.3 million they donated in 1996. During the same period, contributions from commercial banks jumped from $16.6 million to $28.5 million.

“We’re trying to uncover whether or not there was any quid pro quo,” Rep. Bob Barr, R-Ga., said of the pardon investigation. And as possible evidence, we were told that Denise Rich’s contributions spiked shortly after Team Rich first raised the idea in e-mails of enlisting the fugitive’s ex to plead for the pardon.

I wish there were a committee just as zealously looking at the spike in the political contributions from MBNA, the world’s largest credit card issuer, right before the effort to convince Washington to toughen the bankruptcy laws began in earnest. MBNA’s political donations increased from $741,904 in 1996 to $3.5 million during the 2000 election.

And the credit giant was the largest individual contributor to George W. Bush’s presidential campaign. Also on the Top 10 list of Bush donors were Citigroup and Morgan Stanley, the nation’s second and third biggest credit card issuers.

Although we can’t prove a legislative quid pro quo any more than we can prove that there was a connection between the Rich Wing of the Clinton Library and the pardon, both Rich’s and the credit card companies’ largess were handsomely rewarded.

It’s estimated that MBNA alone will reap an additional $75 million in profits thanks to the new legislation. You’ve got to admit, there is a poetic symmetry at play when the No. 1 contributor gets the No. 1 bill. “This is literally bought and paid for,” said Rep. William Delahunt, D-Mass., of the bill’s passage.

Maybe we should subpoena the private e-mails of the House’s top 25 recipients of finance and credit card company donations — 23 of whom, including six Democrats, voted for the bill. Who knows what incriminating morsels we’d uncover: “100 grand from MBNA to POTUS’s Inauguration fund. He says he’s leaning toward signing it. Any chance of letter of support from Nader?”

The pardons of Rich, Vignali, Braswell, et al. — as loathsome as they are — won’t affect average Americans, beyond further increasing their cynicism. But this one-sided bankruptcy bill will affect hundreds of thousands of people, especially those who find themselves strapped with unmanageable debt due to illness, divorce and, increasingly, layoffs. Does anyone honestly believe that if they had, say, $10 million to spread around last year, this bill would be the same?

When poorly managed utility companies or savings and loans find themselves drowning in red ink, time and again our government rides to the rescue. But when small-time debtors get in over their heads, it’s sink or swim. In Washington, personal responsibility clearly does not apply to companies that may not be able to balance their books but know how to open their checkbooks.

Indeed, no one is holding the credit card companies responsible for their irresponsible marketing, especially to college students. At the same time they are putting the squeeze on those seeking bankruptcy relief, they are aggressively trolling for new customers. The industry flooded mailboxes with an astounding 3.3 billion credit card come-ons in 2000, an increase of more than 400 million from 1999.

One of the ways they’ve been luring consumers is by sweetening the pot with ever-expanding lines of credit. Another is by resisting amendments calling for comprehensive disclosure rules.

And more and more Americans are taking the bait — with consumer debt now at $531 billion. It’s small wonder that credit card company profits have gone through the roof, increasing by nearly 50 percent since 1998.

In a perfect world, the Government Reform Committee would be holding hearings not just on the Rich pardon but on the bankruptcy bill, collecting testimony and reconstructing the sequence of events that led to its passage.

But since the media are unwilling to turn their spotlight on stories that do not include a billionaire villain, a temptress in strapless gowns, or a sleazy cigar-sucking lawyer-in-law, can’t we at least make the connection between cash for pardons and cash for policy?

The members of the Government Reform Committee, busy searching for the exotic pardon quid pro quo, should stop and take stock of the garden-variety tradeoffs that brought us this bankruptcy bill. Want to find some quid pro quo, Congressman Burton? You’re soaking in it.

Arianna Huffington is a nationally syndicated columnist, the co-host of the National Public Radio program "Left, Right, and Center," and the author of 10 books. Her latest is "Fanatics and Fools: The Game Plan for Winning Back America."

Consumers boost borrowing in November

Americans borrowed more in November, but the gains did little to move the needle on record low consumer credit

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Consumers boost borrowing in NovemberFILE - This file photo taken Nov. 18, 2009, a pile of MasterCard and VISA credit cards are displayed in Frankfurt, Germany. A sweater you buy for Christmas goes on sale for half price the next day. You might be able to get the difference back if you paid with a credit card.(AP Photo/Jochen Krause, File)(Credit: AP)

Americans increased the amount of money they borrowed in November, mostly to buy cars and attend college. But the second straight month of gains barely raised consumer credit above its lowest point in four years.

Consumer debt rose $1.3 billion in November, the Federal Reserve said Friday. That follows a revised $7 billion increase in October.

The increase pushed overall borrowing to an annual rate of $2.4 trillion. That’s not much higher than the $2.39 trillion rate from September — the lowest point since January 2007. It’s 6.9 percent below the $2.58 trillion high point hit in July 2008.

The figures are not adjusted for inflation.

Households have been borrowing less and saving more since the recession began in December 2007. This has been a major factor holding back overall economic growth because it has dampened consumer spending. Consumers account for 70 percent of total economic activity.

The strength in November came in the category that includes auto loans and student loans. The category that includes credit card debt fell for a record 27th month, although the November drop was smaller than the previous four months.

Borrowing in area of student loans and credit cards rose 4.2 percent in November after a 9.4 percent advance in October.

Consumers borrowed 6.3 percent less on their credit cards in November following a decline of 8.1 percent in October.

 

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How starving the beast makes us fat

Credit and debit cards inspire impulsive shopping -- just as irresponsible tax cuts increase the size of government

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How starving the beast makes us fat(Credit: Leung Cho Pan)

No pain; weight gain! As the American love affair with credit and debit cards has burgeoned over the last few decades so have our waistlines! And guess what — the correlation may not be a coincidence.

I confess, I originally followed a link from Credit Slips’ Katie Porter to the forthcoming Journal of Consumer Reports paper “How Credit Card Payments Increase Unhealthy Food Purchases: Visceral Regulation of Vices” because it reminded me of the so-far totally false “starve-the-beast” theory, which pretends that cutting taxes will lead inevitably to smaller government. But I ended up falling in love with the paper on its own merits, aside from any possible relevance to tax cut shenanigans. After all, if there is one thing that I am a true expert on, it is the sad reality that “the depletability of cognitive resources” often leads to a failure to fend off our “visceral responses to vice products.” Or, more colloquially, when we don’t think things through, we tend to splurge on that extra order of fries.

In their paper, researchers Manoj Thomas (an assistant professor of marketing at Cornell), Kalpesh Kaushik Desai (an associate professor of marketing at State University of New York, Binghamton) and Satheeshkumar Seenivasan (a doctoral candidate at State University of New York, Buffalo) make a pretty authoritative case that grocery shoppers who pay with credit or debit cards tend to purchase larger quantities of unhealthy food. Basically, when you pay with cash, the theory goes, you tend to weigh your purchases more carefully. Credit and debit cards, on the other hand, seem to encourage impulsive behavior. Or, as the authors put it, “the abstract and emotionally inert nature of card payments … reduce the pain of payment.” Whereas, cash hurts , and “visceral responses such as feelings of pain can extinguish consumptive desires. With the extinction of desire, vice products no longer seem so appealing.

(I think the Buddha taught something along those lines, though I’m not sure he backed it up with peer-reviewed data. Read between the lines, and not only will you shed some pounds, but you could also avoid some disastrous relationships.)

The argument jibes very nicely with the explanation for why, historically, tax cuts that are not matched by spending cuts actually result in increased government spending — for the citizenry as a whole, the pain of payment for products received has been eliminated. When we receive government services without paying their full cost, we consume more such services. If every spending initiative had to be matched by a tax hike or cut elsewhere in the budget, we would end up behaving much more frugally. But starving the beast just makes us more profligate.

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

The credit card pound of flesh gets pricier

As expected, banks respond to a crackdown on their abusive behavior by raising rates. But we're still better off

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The credit card pound of flesh gets pricier

It is no coincidence that the Wall Street Journal chose to mark the moment new rules kicked in that clamp down on abusive credit card practices by running a front page story declaring that credit card interest rates are on the rise.

On Aug. 22, the final phase of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 came into effect, instituting new limits on penalty fees and other requirements. (US News & World Report has a good breakdown on the changes here.)

On Aug. 23, the Wall Street Journal reports, citing data covering the second quarter of 2010,  “issuers responded by pushing card rates to their highest level in nine years.”

The juxtaposition jibes all too nicely with the warning frequently voiced on the Journal’s opinion pages that any attempt to reduce credit card company profits by clamping down on exorbitant fees or arbitrary, outrageous interest rate hikes would be answered by higher across-the-board interest rates and scarcer cheap credit.

To her credit, Journal reporter Ruth Simon gives some room to people pushing back on this thesis. First, there’s New York Democratic Rep. Carolyn Maloney, the sponsor of the CARD Act:

Rep. Carolyn Maloney (D-NY), said that despite the rising rates, the law benefits consumers because it eliminates unwelcome surprises and provides them with a clear picture of the costs they will face. “Better that consumers should know up-front what the interest rate is, even if it’s higher, than to be soaked on the back-end by tricks and hidden fees.”

Then there’s the kicker, in which a banking lobbyist notes that, once the economy improves, competition will inevitably offer borrowers lower rates.

“This is a very competitive industry,” says Kenneth Clayton, senior vice president at the American Bankers Association, a trade group. “Somebody will take advantage of lower defaults to drive prices down.”

In fact, it will be easier for banks to compete, and for borrowers to choose. A lower interest rate, in theory, will mean exactly that: a lower interest rate, instead of an interest rate that is only lower because the bank intends to make up for lost profits with an avalanche of fees.

The Journal doesn’t give us too much detail on the new rules. Let’s pick out just two: Late fees can no longer be larger than your minimum payment, and you can’t be charged multiple fees for a single transgression.

For example, under the old rules, you could miss a $10 minimum payment, and get slapped with a $30 fine. And if the $30 fine happened to knock you above your credit limit, you could get hit with another fee for breaking that rule, too.

Maloney is right: Getting upfront information about how much your credit will really cost is a feature, not a bug, of the new rules. And if that means less accessibility to cheap credit, is that entirely a bad thing? The illusion that money was cheap fostered bad behavior at every level of the U.S. economy prior to the great credit crunch. Now, as documented by the Federal Reserve Bank of New York’s quarterly report on household debt and credit, Americans have been closing their credit card accounts and paying off their outstanding debt. Perhaps if credit had been more expensive to begin with, we wouldn’t have gotten in so far over our heads. And perhaps the real reason that the credit card companies are raising their rates has more to do with the fact that prudent consumer behavior is cutting into their bottom lines, than to the new rules.

And yes, of course the banks will find ways to game the new rules. But that’s why we now have a Bureau of Consumer Financial Protection to guard our backs. So let’s get Elizabeth Warren on the job, pronto!

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

Credit card issuers still gaming the system

People who make minimum payments rack up huge debt via regulatory loophole

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Credit card issuers are still playing “gotcha” with customers.

Landmark reforms this year were intended to stop billing practices that gouge unwitting consumers. Yet banks are hanging onto a tactic that ensures borrowers rack up as much as possible in interest charges.

The practice in question comes into play whenever portions of a cardholder’s balance carry different interest rates. Cash advances, for example, can come with dramatically higher interest rates than purchases. At Bank of America, it’s about 24 percent versus as low as 13 percent.

From the consumer’s perspective, it makes more sense to pay down the higher interest rate balance first, because it rises at a faster pace.

Before the reforms went into effect, however, banks would apply any payments first to balances with the lowest rate. This ensured that the costlier balance kept fattening up for as long as possible.

The tactic was among those targeted by regulators. The new credit card law, which took effect in February, specifies that any payments above the minimum must first be applied to the balance with the higher interest rate.

The key phrase? “Above the minimum”

That means minimum payments can still be applied to the lower rate balances.

And that’s exactly what the biggest credit card issuers are doing, including American Express, Capital One and Chase. Customers can’t request that a payment be applied any differently.

Although it’s legal, the practice undermines the spirit of the credit card reforms, notes Odysseas Papadimitriou, CEO of CardHub.com.

“Why should any part of a payment be applied in an unfair way, especially for people who can only afford to make the minimum payment?” said Papadimitriou.

The loophole was probably the result of regulatory compromise by lawmakers, said Ruth Susswein of Consumer Action. She said most customers don’t realize that banks apply payments to their disadvantage, and are infuriated when they find out.

Bank of America, the country’s largest bank, noted that the policy is clearly stated in its cardholder agreements and did not provide further explanation. The Charlotte, N.C. company earlier this year touted a new effort to build customer trust with more transparent policies.

American Express spokeswoman Desiree Fish also noted that the policy is standard industry practice, and is compliant with the reforms.

Minimum payments are usually about 2 percent to 4 percent of the balance, or a flat dollar amount. At Discover, for example, it’s 2 percent of the balance or $40, whichever is greater.

At Discover, the cardholder agreement states that any payments up to the minimum will be applied “at our discretion, including in a manner most favorable or convenient for us.”

Spokesman Matt Townson confirmed that meant payments go to the lowest interest rate balances first.

———-

If you have a consumer comment or question, please e-mail Candice Choi at cchoi(at)ap.org.

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South Dakota’s healthcare lesson

Allowing insurance providers to sell across state lines guarantees a bad result, for the consumer

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In one tidy post today, Ezra Klein explains why the GOP proposal to allow health insurance companies to operate across state lines is a terrible idea, and why South Dakota senator Tim Johnson was the only Democrat to vote against the Credit Card Accountability, Responsibility, and Disclosure Act of 2009.

Well, actually, Klein doesn’t mention Johnson by name. But he does explain why Citibank’s credit card business is headquartered in South Dakota, which is the primary reason Johnson carries the industry’s water. In 1978, the Supreme Court ruled that banks could charge interest rates as high as they wanted to any customer in the country, governed only by the laws of the state in which they were headquartered. New York had relatively tough usury laws, so in 1980 Citibank went shopping for a new headquarters.

According to the recollection of South Dakota’s governor, Bill Janklow, after the bank convinced him a change in the laws would bring jobs to the state, Citibank drafted a law revoking usury limits and the legislature passed it in within 24 hours. Citibank promptly relocated its credit card business. The move set off a chain reaction, as other states strove to duplicate South Dakota’s success by promptly getting rid of their own usury laws.

The same kind of chain reaction, argues Klein, would take place if Congress allowed health insurers to sell across state lines. Insurers would cluster in states with minimal regulation and with predictable results, according to an analysis conducted by the Congressional Budget Office in 2005.

Klein:

The legislation “would reduce the price of individual health insurance coverage for people expected to have relatively low health care costs, while increasing the price of coverage for those expected to have relatively high health care costs,” CBO said. “Therefore, CBO expects that there would be an increase in the number of relatively healthy individuals, and a decrease in the number of individuals expected to have relatively high cost, who buy individual coverage.”

That is to say, the legislation would not change the number of insured Americans or save much money, but it would make insurance more expensive for the sick and cheaper for the healthy, and lead to more healthy people with insurance and fewer sick people with insurance. It’s a great proposal if you don’t ever plan to be sick, and if you don’t mind finding out that your insurer doesn’t cover your illness. And it’s the Republican plan for health-care reform.

(Note: While researching this post after reading Klein, I discovered that LaRae Meadows, an OpenSalon blogger, published almost exactly the same enlightening information back in September. Nice work!)

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

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