Jump to main content
NY.gov Portal State Agency Listing
DOS, Consumer Protection logo DOS Home | About Us | Contact Us | Site Index | En Español | FOIL
Andrew M. Cuomo - Governor          
Consumer Topics A-Z Accessibility Disclaimer Privacy Policy
Key Provisions of the Credit Card Accountability, Responsibility and Disclosure Act
Credit and Finance image

On Friday, May 22, 2009, President Obama signed into law the Credit Card Accountability Responsibility and Disclosure (CARD) Act of 2009, which affords consumers with sweeping protections from abusive credit card practices. The New York State Department of State Division of Consumer Protection was among the vocal advocates for reform, and is concerned about potential actions that credit card companies may take as reforms are implemented. See below for information regarding key provisions of the CARD Act of 2009.

Please note that these provisions were effective February 22, 2010, unless otherwise specified

Special Provisions for New Accounts:

Creditors can generally not raise interest rates, or any fees, during the first year after an account is opened, except:

Notice of Future Interest Rate Increases or Other Significant Changes: (Effective Date August 20, 2009)

After the first year, the card issuer can raise the interest rate on future purchases, or make other "significant" changes in terms with 45 days advance notice. The notice shall advise the consumer of the right to cancel the account. No notice is required for changes to interest rates as set forth above.

Interest Rate Increases on Existing Balances:

Credit card issuers cannot raise interest rates on existing balances, except:

Repayment of Outstanding Balance:

If the creditor changes the terms of repayment for an outstanding balance, or if the account is closed or cancelled, the creditor must either:

Limits on fees and penalties:

Double Cycle Billing:
 
Double cycle billing is generally prohibited. In other words, a creditor cannot reach back to the previous billing period and consider that cycle's balance when calculating the amount of interest charged in the current cycle.

Ability to Pay:
 
Credit Card issuers must consider the consumer's ability to make the required payments before opening a new account or raising a consumer's credit limit.

Application of Payments:
 
Amounts in excess of the minimum payment must be applied to the balance with the highest interest rate, except during the last two billing statements before a deferred interest balance is due, where excess payments must be applied to the deferred balance.

Payment Due Dates:

Increased Disclosures

Young Consumers

Credit Reports
 
Advertisements for free credit reports must state that free credit reports are available under federal law at: AnnualCreditReport.com.
 
Fee Harvester or Subprime Cards
 
Where fees consume more than 25% of an available credit balance, they cannot be deducted from the available balance. For instance, a credit card has a limit of $200, and fees total $51, or over 25% of the available balance. A creditor cannot reduce the available balance by $51 to get its fees.

 

Last Modified: April 27, 2011