Fed Bans Inactivity Fees on Credit Cards, Caps Some Penalties

Tuesday, June 15th, 2010

The Federal Reserve announced a few more changes to the Credit CARD Act that will be effective August 22, 2010. Many of the changes included in this final rule represent a reaction to some of the practices that credit card issuers have recently adopted.

The new rule:

Prohibits credit card issuers from charging a penalty fee of more than $25 for paying late or otherwise violating the account’s terms unless the consumer has engaged in repeated violations or the issuer can show that a higher fee represents a reasonable proportion of the costs its incurs as a result of violations.

Prohibits credit card issuers from charging penalty fees that exceed the dollar amount associated with the consumer’s violation. For example, card issuers will no longer be permitted to charge a $39 fee when a consumer is late making a $20 minimum payment. Instead, the fee cannot exceed $20.

Bans “inactivity” fees, such as fees based on the consumer’s failure to use the account to make new purchases.

Prevents issuers from charging multiple penalty fees based on a single late payment or other violation of the account terms.

Requires issuers that have increased rates since January 1, 2009 to evaluate whether the reasons for the increase have changed and, if appropriate, to reduce the rate.