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Discover Business Practices "Unreasonable, Unconscionable, and Unjust"

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Lesson of the day: Run away from your debt!  Don’t try to pay it!  That is what Ruth Owens learned in her struggle with a Discover credit card.  She last used her credit card in March of 1997, when her balance was $1,895.53.  For the next 6 years, she fought to pay off that balance, but over-limit fees, late-payment fees, and service charges ballooned her debt to an insurmountable figure.  Despite paying a total of $3,492 to Discover between 1997 and 2003, Owens owed $5,564.28 when Discover finally took her to court.

       The credit limit on Owens’ account was $1,900 dollars.  Her final use of the card in 1997 left her below that limit, and she diligently made a payment on it the next month.  However, her payment was less than the minimum due.  She was assessed a late-payment fee, and charged for monthly services.  These charges put her over her credit limit, and earned her an extra $20 over-limit fee. 

       Despite many payments, Owens was never again able to bring the balance below her credit limit.  She was eventually charged a total of $1,518 in over-limit fees, $1,160 in late-payment fees, and $369.52 for a Discover Card product called CreditSafe Plus, which supposedly would put her payments and finance charges on hold without affecting her credit rating should she become unemployed, hospitalized, or disabled.  Ironically, Owens was on Social Security Disability AND unemployed, but this product never helped her. 

       If Owens was less scrupulous, she may have simply stopped paying, causing Discover to close off her account.  Discover would then have tried to collect the approximately $2,000 in court and would likely have settled for much less.  Instead, Owens chose the honorable path, plugging away at her payments and ultimately paying nearly two times what she originally owed.

       Finally brought to court, Owens offered a simple explanation for her debt: “I have no money to make payments. I am on Social Security Disability. After paying my monthly utilities, there is no money left except little food money and sometimes it isn’t enough. If my situation was different I would pay. I just don’t have it. I’m sorry.”  It seems that the court has heard this story far too often.  Citing “the widespread financial exploitation of the urban poor by overbearing credit-card companies,” Judge Robert J. Triozzi deemed the credit card contract “unreasonable, unconscionable, and unjust,” and he entered judgment for Owens.  This is a happy ending, but not a typical one.  Many more victims of predatory credit card companies are left fighting escalating debts they cannot overcome, without Triozzis to save them.


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For the life of me, I don't understand why the Democrats won't make a big, big electoral issue out of credit card reform.  Here is an issue that touches nearly all Americans, and one where a liberal policy would have broad, populist appeal.  Yet many elected Democrats seem more interested in falling all over themselves to play nice with Citibank.

 1) Prevent lenders from changing the contractual terms of the loan after the money has already been borrowed.

This is just a plain and simple issue of fairness.  Lenders should be able to charge a penalty rate on new purchases, but it is simply ridiculous for them to impose draconian interest rates on purchases made under different terms.  These practices cause debts to explode, and seem designed to drive struggling households to the brink of bankruptcy and bleed them dry.

2) Require lenders to provide accurate information about how long it will take to pay off the debt by making the minimum payment.

Providing people with the tools they need to prioritize their spending should help reduce the number of bankruptcies and benefit all parties. 

3) Provide free access for all Americans to the information collected by credit bureaus.

This should be a no-brainer.  Free access to your own information as often as you need it.  This is the simplest way to combat identity theft and reduce abuse of the information collected on private individuals.

In Tennessee there is a popular radio figure who has a nationally syndicated show, Dave Ramsey. He's a conservative and usually annoying when he gets on political issues, but he came down hard against the bankruptcy bill and is fiercely anti-credit card. I suspect there are many who have voted Republican in the past who would be affected by this kind of appeal. You're absolutely right.

One word: MBNA.

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 I do not recall how we got here. When I started college 50 years ago, I was told we had laws against "usary".  That made it illegal to charge more than a set APR. 

Somehow, that question is no longer asked.  Do usary laws still exist, and if they do, how do the credit card companies get exemption?  What is the history?

Keep publicizing cases of obvious abuse.  That is the quickest way to force Congress to enact curbs.

Usury laws have largely been circumvented by the law/rulings that allow credit card companies to incorporate in, say, North Dakota, and use North Dakotan interest rate laws to govern consumers in, say, New Jersey. North Dakota gets some small amount of income in the form of business taxes, few North Dakotans get horribly screwed by the credit card companies (and fewer connect that to the actions of their politicians), and the credit card company gets rich by screwing over the New Jersey consumers.

Some states (New York, I think, is one) have laws that give their consumers some measure of protection from out-of-state lenders, but it's not often enough.

Most states no longer have meaningful usury laws.  I know that here in Alabama the most that some can be charged in a pay day loan situation is around 450%. This is obviously an obscene rate and is an example of how the usury laws that used to be in place just don't exist any more. 

Arkansas used to be the exception to this, and may still be.  They do have relatively strong usury laws for credit cards and their banks will typically provide some of the best rates.   

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Thanks for the info on usary.  Are we saying that heretofore the matter has been a state issue, and that credit has evolved into an interstate commerce.  Therefore it is time for federal regualtion?

 If so, the next order would be to find congressmen willing to carry the water.  My senator, Feinstein, would not likely be one of them. Her votes have been straight out of the CitiBank playbook.

  Of course Owens was not forced to use a credit card, but credit card companies certainly apply unreasonable pressure. My four children all recieived dozens of credit card offers, beginning when they were eighteen--right when they were first away from home. Cheery offers arrived weekly, sometimes daily. 
  Danger lurks in the fine print: When interest payments are compounded by late payments and then overlimit payments, victims are all to easily sucked into credit card tangles almost impossible to unravel.
  We need legislation to protect the young, the elderly, and the disabled--all of us--from credit card sharks.
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  One of the primary reasons our market-driven system has been so successful (in comparison with Japan's, for example) is the lenient way in which we deal with insolvency and bancrupty.  As much as we don't like to think about people not paying back their loans, without the <em>ability</em> to take risk as allowed by lenient bancruptcy laws, we wouldn't have second and third tries.

  At the same time, the Bush adminstration would like to hold creditors responsible for money lent them rather than hold then lenders responsponsible for their own lending practices!  If the Bush Administration trule adhered to a remotely free-market philosophy (which I don't expect anyone to argue they do), the credit card companies would be 'on their own'  - left to deal with the bad analyses they made in the first place.

   I affirm what Cathy said above: that danger lurks in the fine prints. I disagrree that we need legislation to help us.  Instead, consumers need to be freed of the legislation protecting the large credit companies from their own bad loans.

The typical governmental solution will be to guarantee the consumer's debt to the credit companies, and thus continue the cycle of bad lending. Only by removing government from the equation can we get the credit companies to take care of themselves and stop lending to obvious troubled cases.

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Although usury laws are basically dead and gone, there is something that the states can do to protect consumers:  reform their exemption laws.

I am an attorney who started handling bankruptcies over 20 years ago.  But after September 30, I am closing down my practice.  I simply will not deal with the new bankruptcy law.  What has me worried is not the stuff that everyone talks about, it's the new notice requirements.

After October 17, my advice to any consumer is to move to Texas.  Seriously.  In Texas, a persons house and car is 100% exempt.  Wages cannot be garnisheed.  And everyone is allowed $60,000 in personal property.  This means that in Texas, creditors cannot reach the assets of 90% or more of the consumers.  It also explains why Texas has one of the the lowest bankruptcy rates in the nation.

Most of our ancestors came to this country on a boat to escape their debts.  Their children got in a covered wagon and went west for a fresh start.  The new bankruptcy may be the old bankruptcy -- immigration.

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