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CARD Act shifts power back to consumers, insists Obama

The US Credit Card Accountability and Disclosure (CARD) Act, one of the most significant pieces of card-related reform in recent years, came into effect on 22 February. The legislation has been hailed by US President Barack Obama as helping to shift the balance of power back to consumers.

The CARD Act was signed into law by Obama in May 2009, and its main components include protecting credit cardholders from certain fee and rate increases.

The new rules restrict credit card issuers from raising rates on late payments from cardholders. It also prevents them from charging over-limit fees unless cardholders have previously given permission to authorise transactions that would take them over their limit.

Other provisions mean cardholders can cancel their card and pay off the existing balance at the original rate. Promotional rates must also last at least six months and penalty rates on existing balances can only be applied if a payment is 60 days late.

From 22 August, any penalty fees or rates must be “reasonable and proportional” as defined by the Federal Reserve and card issuers must periodically review a customer’s account and potentially reduce their rates.