Alabama Consumer Law Blog

The Wall Street Journal has posted an article that discusses how some credit card companies are attempting to bypass The Credit Card Accountability and Responsibility Disclosure Act of 2009 (also called the Card Act). The Card Act forced credit card companies to to give customers more notice about changes in interest rates and restricts "certain controversial billing practices such as inactivity fees."

To make up for loss in revenue the Card Act has caused, some of the biggest credit card companies in the US have started to go around the new rules to slap customers with other types of fees. It's estimated that the Card Act will eliminate about $390 million in fee revenue per year. Banks are having to get more aggressive to combat such a huge loss.

According to a July 22 report from Pew Charitable Trusts, a nonpartisan research group, the industry's median annual fee on bank credit cards jumped 18% to $59 between July 2009 and March 2010. At credit unions, annual fees soared 67% to $25. During the same period, the median cash-advance and balance-transfer fees jumped by 33%.

All of these increases are perfectly legal, of course. Banks and other issuers would have a difficult time extending credit to consumers, even at high interest rates, if they couldn't augment those revenues with fee income. "We're coming out of a deep recession that issuers are still working through," says Peter Garuccio, a spokesman for the American Bankers Association.

There have been quite a few "potential violations of the Credit Card Act." For example, some credit card companies are marketing something new called "professional cards." Professional cards are like company cards but still carry the same terms as a typical consumer card. Professional cards aren't covered under the new law and companies are using this as an easy way to get around the Card Act.

In the first quarter of this year, issuers sent out 47 million professional-card offers to U.S. households, up from 13.2 million in the corresponding period last year, according to research firm Synovate.

Because of the Card Act, companies are also becoming more particular about when payments are technically considered late.

Card Act stipulates that late-payment fees shouldn't be triggered on a Sunday or holiday, when there is no mail delivery.

The rule "is clearly meant to offer cardholders some semblance of relief so that they don't get saddled with late fees for making a reasonable payment on the next business day," says Chi Chi Wu, a consumer credit lawyer at the National Consumer Law Center.

Some billing cycles are being altered, also. The Card Act dictates that the actual payment isn't due until at least 21 days after the bill is sent, however, some people have reported a shortened billing cycle.

Basic fees are also being raised. Many companies are drastically increasing their balance-transfer fee . Inactivity fees will be illegal after August 22, so companies are making alterations, as well. Some companies, like Citigroup, have started to charge an annual fee that the consumer can be exempted from if their balance exceeds a certain amount.

The Card Act says a card's total annual fees can't exceed 25% of a borrower's credit line. But some issuers may be evading the fee restrictions by charging an upfront processing fee that doesn't fall under the 25% cap.

While the credit card industry is certainly shifting to bend the rules, there are things you can do to avoid some of the worst of it. For example, the most important thing you can do is to make your payments on time. Should a dispute arise about a fee, you should discuss it directly with the card issuer.

"While the Credit Card Act did make great strides in protecting consumers, it in no way closed all avenues for cardholders to get hit with fees," says Ms. Wu, from the National Consumer Law Center. "It's a first step."

If you have had problems with unlawful credit card fees or other credit related problems and have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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The New York Times has posted an article about the end of a 30 year decline in the cost of borrowing. This is due to a combination of inflation due to the recession and the nation's "ballooning debt." Interest rates are currently as low as they'll be for quite a while.

The higher interest rates will probably be noticed first in the housing market. Each raised percentage in interest rates adds 19% to the cost of a home. The rate for a 30 year fixed rate mortgage has risen half a point since December, hitting 5.31%...which is the highest it's been since last summer.

“Mortgage rates are unlikely to go lower than they are now, and if they go higher, we’re likely to see a reversal of the gains in the housing market,” said Christopher J. Mayer, a professor of finance and economics at Columbia Business School. “It’s a really big risk.” The Mortgage Bankers Association expects the rise to continue, with the 30-year mortgage rate going to 5.5 percent by late summer and as high as 6 percent by the end of the year.

Credit cards will also feel the rise. The national interest rate on credit cards topped out at 14.26% last week, which is the highest it's been since 2001 and also adds $200 in interest payments alone to credit card bills. That totals to a 12.03% increase since the fourth quarter of 2008.

With losses from credit card defaults rising and with capital to back credit cards harder to come by, issuers are likely to increase rates to 16 or 17 percent by the fall, according to Dennis Moroney, a research director at the TowerGroup, a financial research company.

“The banks don’t have a lot of pricing options,” Mr. Moroney said. “They’re targeting people who carry a balance from month to month.”

Washington, too, is expecting to have to pay more to borrow the money it needs for programs. The Office of Management and Budget expects the rate on the benchmark 10-year United States Treasury note to remain close to 3.9 percent for the rest of the year, but then rise to 4.5 percent in 2011 and 5 percent in 2012.

The run-up in rates is quickening as investors steer more of their money away from bonds and as Washington unplugs the economic life support programs that kept rates low through the financial crisis. Mortgage rates and car loans are linked to the yield on long-term bonds.

Besides the inflation fears set off by the strengthening economy, Mr. Gross said he was also wary of Treasury bonds because he feared the burgeoning supply of new debt issued to finance the government’s huge budget deficits would overwhelm demand, driving interest rates higher.

Nine months ago, United States government debt accounted for half of the assets in Mr. Gross’s flagship fund, Pimco Total Return. That has shrunk to 30 percent now — the lowest ever in the fund’s 23-year history — as Mr. Gross has sold American bonds in favor of debt from Europe, particularly Germany, as well as from developing countries like Brazil.

Different firms are predicting that the rate will rise as much as half a point to one and a half points.

If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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PaymentsSource.com has posted an article about how credit card charge-offs should reverse declining and increase to peak at 12%-13% about mid-year in 2010 if delinquencies continue to rise.

Earlier this week, Moody's reported that U.S. credit card charge-off levels eased in October for a second straight month from a record in August, while delinquencies rose for a third consecutive month. Payment rates also improved after two months of declines.

Delinquencies give the credit card companies an estimate of how much they should set aside in reserves to counteract potential losses. The rate was 6.12% in last October, up from 5.79% in August. The total percentage of six to nine month delinquencies is up 11% from September 2008.

Moody's October credit card index showed a drop to 10.04% in the charge-off rate, below the 11.49% all-time high set in August. The charge-off rate measures those credit card account balances written off as uncollectable by credit card firms.

If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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PBS has posted an article that discusses new credit card regulations and their immediate affects. A new credit card act was passed last year and the rules took effect in February of this year. Some of the new regulations that protect consumers include:

• no retroactive rate hikes;

• statements must be mailed 21 days before payment due date;

• payment dates can't suddenly be shifted;

• statements must say how long it will take to pay off balances and the total interest costs if paying just the monthly minimum;

• 45 days notice required for changes in terms and conditions.

For debit cards -- now more popular than credit cards -- the Federal Reserve issued new rules (effective summer 2010) on overdraft fees. So,too, have some large banks:

• card issuers can't charge fees for debit card overdrafts at stores and ATMs unless the cardholder has agreed;

• some large banks (see list) are limiting the number of debit card overdraft fees that can be charged in a day, and changing other policies.

However, issues still abound concerning several types of fees. Some of them include:

-the tricks in late fees;

• fees involving prepaid debit cards;

• inactivity fees, foreign exchange fees, gift cards, etc.

In addition, there's no ceiling on interest rates nor on penalty/service fees for debit, credit and prepaid cards. And small business credit cards aren't covered by the new regulations; their credit limits are being slashed.

You should feel free to shop around and go with the credit card company that gives you the best offer, but it's always a good idea to read the fine print about hidden fees and other charges.

If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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Our friend Denise Richardson, of givemebackmycredit.com, has posted an article about new regulations placed on credit card companies. However, creditors aren't willing to back down so easily and are finding creative ways to bypass losses of revenue that the new rules, that came into effect on February 22 of this year, might cause.

The new regulations include:

Unfair rate increases and the universal default clause have been eliminated. This means that if you are late on one bill, a different creditor cannot use that to justify an increase in your interest rate. It also means that creditors cannot hike up the interest rate on a whim.

Limits on credit issued to the under-21 crowd are now in effect. This one protects college kids -those most sought after by creditors, from getting heavily into debt before the truly understand the repercussions and how the credit industry operates.

Fee calculations are more structured eliminating inconsistent payment cycles, over-the-limit charges without the consumer's consent, and extra interest charges due to pesky double-cycle billing practices.

Favorable interest rates must stay in effect for new credit cards for at least 12 months unless they have been issued as a promotional rate. In that case, they must stay in effect for 6 full months unless the consumer has been 60 days or more late with his payment.

Creditors are now required to use understandable language in all documentation and fine print including applications, billing, and notices. Statements must show how long it will take to pay off the debt incurred if the consumer only makes the minimum payment due.

Any changes to a consumer's credit card account cannot take place until he has been given at least 45 days notice.

To replace lost revenue because of the above revisions, many credit card companies are going to start charging $1 for paper credit card statements. To avoid this, you have to sign up for electronic statements. Creditors are also adding on "inactivity fees," increasing annual fees and reducing rewards or requiring card holders to request rewards that used to come automatically and placing expiration dates on rewards.

Creditors can also request that their customers agree to over-the-limit charges. This means consumers can exceed their monthly limit and if consumers don't read the fine print and don't pay attention, they can agree to this without realizing it. Credit cards with variable interest rates instead of fixed rates allow the creditor to raise the interest rate every time the primary rate goes up.

To protect yourself from any unwanted credit card surprises, be sure to read all documentation (including the fine print) the credit card companies send to you. Also, you can shop around for the best interest rate and other reward incentives.

If you have credit questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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Our friend Denise Richardson, of givemebackmycredit.com, has posted an article with five common mistakes that consumers make when transferring debt. Transferring your debt from a high interest credit card to a new card with lower interest should raise red flags. Following these five tips will help prevent you from having to pay more money and going further in debt as well as saving your credit score.

1. Closing the Original Account:
After transferring the balance to a new card, you should refrain from completely cancelling the account. 15% of your credit score is made up of the length of time you keep accounts. Cancelling accounts will lower your credit score and change the way it's calculated.

2. Not Confirming the Spending Limit Ahead of Time:

A credit card company will not notify you of the spending limit you qualify for until your initial application is approved. After the application is approved, you may call to inquire about your spending limit at any time. It is vital that you know what your spending limit is on the new card before you initiate a balance transfer. If the amount of the balance transfer is greater than the spending limit on your new credit card, you may lose the low introductory rate by going over the spending limit with your transfer.

3. Not Expecting Balance Transfer Fees:
Some credit cards will charge you a substantial sum to transfer your balance, sometimes as much as 5%. For example, if your balance is $5,000 you could pay about $250 in fees.

4. Ignoring the New Card's Default Interest Rate:
Initial low interest rates on a new credit card are temporary and will default back to a higher rate. The new interest rate can be as high as your previous card that you transferred the balance from.

Should this occur, you will be left repaying your debt under the same unfavorable terms you thought you had left behind. If you know your credit score, you can call the credit card company and ask which interest rate you qualify for.

5. Losing the Introductory Rate;
Making a late payment or going over your limit on a new card can result in early termination of the low introductory interest rate. Be sure to read the fine print to determine what stipulations apply.

If you have questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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MSN Money has posted an article about "secret" ways that lenders keep track of your credit score and gauge what kind of customer you would be. Credit scores aren't the only things that companies look at.

"You're being judged by the type of transactions you make, how you pay your bills, how much profit you generate for your lenders and a host of other factors."

This type of information is used to determine things like:

The kind of credit card offers you get.

-Whether your credit limits are raised or suddenly lowered.

-Whether your over-limit credit or debit transactions are approved.

-Whether your card issuer calls you about a suspicious transaction, blocks it or shuts down your account.

-How cooperative your issuer is about waiving fees or lowering your interest rate.

-How quickly your issuer calls you if your payment is late.

-Whether a collection agency contacts you about an old debt and how hard it pushes.

Several other lesser-known things are taken into consideration:

-Credit-risk scores are the most well known and show companies how big of a "risk" your account will be. A score above 700 is considered to be low risk.

-Response scores "predict the likelihood a consumer will respond to an offer of credit, such as a new card or a balance transfer offer."

-Application scores deals with data submitted to the company that's not related to your credit score. The data includes things like how long you've lived at your current address, worked for the same employer and how much you earn.

-Bankruptcy score:

Credit scores typically predict the chance you'll miss a payment in the next two years. Bankruptcy scores predict the likelihood you'll throw in the towel on your debt entirely and file for Chapter 7 liquidation or a Chapter 13 repayment plan, said David Rubinger, spokesman for credit bureau Equifax, which produces the leading Bankruptcy Navigator Index or BNI. BNIs range from 1 to 300, with the higher the score, the lower the predicted risk. Most lenders use both credit scores and bankruptcy scores, Ulzheimer said, to help assess the risk that you won't pay.

-Revenue scores try to predict how much profit your account will generate.

-Attrition-risk scores address the probability of a user no longer using a particular card. This score is often tied in with other scores. For example, if you are low-risk and your account generates large amounts of profit, the credit card company will likely lower your interest rates or raise your credit limit to keep your account.

-Behavior scores

provide a snapshot of how a consumer is handling all of his or her credit accounts. Behavior scores, by contrast, typically focus on a single account (the one you have with that particular creditor) but take in a broad view. Does the user pay off her bills every month, carry a balance occasionally or frequently pay only the minimums on her cards? That information typically isn't available on a credit report, but is contained in the issuer's databases, along with other data that helps the score describe how she handles her account. A behavior score might be used in conjunction with other scores, such as credit or bankruptcy scores, to decide whether an overdue payment is an aberration (maybe he's traveling?) or a sign of impending financial crisis (maybe we should call the consumer today and find out what's going on).

-Transaction scores are used every time you use your card to decide if the transaction will be approved. It is also used to determine if fraudulent transactions.

-Collection scores are used to assess whether or not you'll be able to pay. Collection companies watch for signs of change in your financial situation, such as other accounts being paid off.

If you have had credit card or credit report issues, feel free to contact us through our website or by calling 205-879-2447.

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The Michigan Collection Law Blog has posted an article, originally from ConsumerReports.org, about how insurance companies, creditors, employers, landlords, insurers and law enforcement agencies (and identity theft criminals) collect more information about consumers than one might expect.

Demand for your personal information has exploded in recent years. Its availability has also raised privacy concerns. When users buy and compile various pieces of information about you, “they can paint a very complete picture of your activities,” says Paul Stephens, director of policy and advocacy at the Privacy Rights Clearinghouse, a nonprofit consumer advocacy group.

For example, insurance claims you have filed are collected by a company called ChoicePoint and are used as references by insurance companies to determine home and auto insurance rates. Your health information, such as records of prescription drugs, is collected by MIB Group for similar reasons. Both of these fall under the Fair Credit Reporting Act, therefore, you can receive a free copy of your credit report annually.

Other information that is monitored and collected about you include your checking account,
returned purchases, rental history, mailing lists and credit history.

If you have any questions or concerns about this topic, feel free to contact us by calling 205-879-2447.

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The Consumerist has posted an article that highlights what your credit report can be (legally) used for. Some things your credit report can be used to determine are:

-Applications for credit, insurance, and rentals for personal, family or household purposes.
• Employment, which includes hiring, promotion, reassignment or retention. A CRA may not release a credit report for employment decisions without consent.
• Court orders, including grand jury subpoenas.
• "Legitimate" business needs in transactions initiated by the consumer for personal, family, or household purposes. (litigation is not legitimate by 3rd parties)
• Account review. Periodically, banks and other companies review credit files to determine whether they wish to retain the individual as a customer.
• Licensing (professional).
• Child support payment determinations.
• Law enforcement access: Government agencies with authority to investigate terrorism and counterintelligence have secret access to credit reports.

However, debt collectors don't legally have the power to false information on your credit reports. Such behavior is prohibited by the Fair Credit Reporting Act.

If you have had issues with how your credit report has been used, or problems with debt collectors, feel free to contact us.

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MyCreditGroup.com has posted an article listing five things that ruin credit scores, and how to avoid these little-known pitfalls.

The first thing you shouldn't do is destroy old credit cards that are paid off. You get points from the credit card company just for keeping an account with them for a long time, whether you use the card or not. Plus, it looks good on a credit report to have a longstanding account.

Next, you shouldn't spend all the limit on your card.

Truth is, your balance-to-limit radio is going to have a big effect on your credit. You want your balance (the amount you spend) to be only 20% of your limit (the amount that’s available). That means that $3,000 credit card should only have $600 on it if you want to keep your credit shiny clean.

Applying for too much credit will also hurt your credit score. Applications sent in to different companies in close intervals often means you won't get any of the cards. The article advises keeping the same card for a long time, as sending in applications less than 6 months apart rarely pays off.

The article also warns against not paying late fees. If you just pay the balance every month, the late fee rolls over and is then considered 30 days late and you're charged double the amount of the original fee.

The last piece of advice offered for consumers is to be sure to pay bills on time. This eliminates fees and benefits your credit score.

You know what date your bills are due. Set up online bill pay, write the due dates in big letters on your calendar, do whatever you have to do, but don’t rely on the postal service to get your bills to you on time.

If you have questions or concerns regarding the accuracy of your credit report, feel free to contact us.

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A couple of weeks ago I was invited by Alabama Live to appear on the morning show to discuss the new changes to credit card laws that went into effect recently. Keep in mind that more changes are coming at the first of the year and then next summer.

If you would like more information about this or if you are dealing with abusive debt collectors or false credit reporting, feel free to contact us.

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The Associated Press has posted an article about a man from Miami, Albert Gonzalez, who has reportedly tried to steal 130 million credit card numbers. "The one-time government informant" is being charged with the largest case of credit and debit card data theft in the nation's history...on top of another 40 million numbers that he previously stole.

Gonzalez used to work for the US Secret Service as an informant responsible for tracking hackers, which is ironic because

...the agency later found out that he had also been working with criminals and feeding them information on ongoing investigations, even warning off at least one individual, according to authorities.

Two Russian co-conspirators also joined Gonzalez in attempting to hack into corporate computer networks to leave malware that would give them access to steal data. They targeting major companies such as 7-Eleven Inc, the grocery store chain Hannaford Brothers, Co. Inc, as well as a New Jersey based card-payment processor named Heartland Payment Systems.

He is already in jail on other hacking charges and could face up to 20 years for this particular sentence. Other charges against him include hacking into the servers of Barnes and Noble, TJ Maxx, Office Max, Sports Authority and the restaurant chain Dave and Buster's.

If convicted, Gonzalez could face a life sentence for those charges as well as 20 years for the recent charges.

If you have had problems with identity theft or stolen credit card numbers, feel free to contact us.

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Time.com has posted an article that takes a different approach to dealing with the issue of credit card debt.

Barbara Kiviat, author of the article, says that credit card companies' "laundry list" of fees and other assorted charges are a large matter in the problem when looking at consumer debt. However, some fault lies with the consumer. The article says that people are more likely to make bad decisions when using a credit card to pay. People dont' typically think of all the fees and interest rate they will have to pay off on top of the cost of the item when the bill comes in.

...we're just really bad at understanding costs that come later on. Instead, we assign a disproportionate amount of importance to what's immediate and tangible.

Several impulse purchases put on a credit card with a hefty interest rate can take quite awhile to pay off. Let's take this article as a reminder to consider the long term effects.

If you have had problems with credit card debt, feel free to contact us.

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CreditCards.com has posted an article that discusses exactly how the newly passed credit reform bill will affect consumers.

The new bill calls for credit card companies allowing consumers more time to pay their balance and "clearer due dates and times." Payments would be due at least 21 days after the notice is mailed. This would prevent random changes in the due date of payments and the resulting late fees. Time deadlines, such as before 5pm, would also be illegal.

Cut-off times set before 5 p.m. on the payment due dates would be illegal under the new law. Payments due at those times or on weekends, holidays or when the card issuer is closed for business will not be subject to late fees.

Hikes in interest rates would also be limited. Interest rates on a transaction could only increase after the first year and drastic changes cannot be made sooner than 45 days after the consumer was informed. "Universal default" would also be done away with, meaning that interest rates would no longer be affected by the consumer's payment history with any other institution.

The credit card company must tell the consumer about the implications of only paying the minimum balance each month, as well as tell the consumer how much to pay monthly if they want their debt off in a specific amount of time. The consumer would have the option to eliminate over-limit fees. One option is to have their card rejected if a transaction would exceed the limit and thus avoid late fees. Double cycle billing is also done away with.

Upfront fees for subprime credit cards would also not be allowed to exceed 25% of the first year's credit limit.

If you have had credit issues feel free to contact us.

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Associated Press writer Marcy Gordon has written an article about the House passing Obama's proposed credit card bill. The bill seeks to protect consumers by demanding 45 days of notice before an increase in interest. If made into law, this would take effect in 90 days.

Some other parts of the bill wouldn't take effect until next year, such as:

The measure would prohibit so-called double-cycle billing and retroactive rate hikes and would prevent companies from giving credit cards to anyone under 18.

The White House released a statement saying that the credit card industry needs more accountability and effective enforcement against violations and consumers need protection from "abusive fees and penalties."

If you have had problems with sudden raises in interest rates or other credit card issues, feel free to contact us.

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Associated Press writer Ben Feller has written an article about President Obama trying to reform aspects of the credit card industry.

He wants to do away with "the tricky fine print, sudden rate increases and late fees that give millions of consumers headaches."

"I trust that those in the industry who want to act responsibly will engage with us in a constructive fashion, and that we're going to get this done in short order," Obama said, delivering a pointed message to leading executives of credit-card issuing companies after a closed-door White House meeting.

The Senate and the House are both pushing credit bills that provide more protection for consumers, especially during the recession. Obama has made clear that he intends to sign the bill into law. If passed, it will come into effect next year.

We plan to follow this and keep you updated. If you have had problems with credit card debt, feel free to contact us.

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Our friend Denise Richardson has a guest post on her blog providing insight into the credit card industry. The source, and author of the blog post, is Scott Taylor, who was in the industry for 20 years.

Taylor feels that credit cards can be very useful when used properly, but the average consumer doesn't have enough education about how the credit card industry works. Banks know that most people will only pay the minimum monthly payment, and will use high interest to gain profit.He uses the example this example:

If you have a balance of $5000 with the average interest rate at 13.89% and a monthly payment of $150- If you NEVER used the card again and made every payment on time and constant amount, it would take you a short 3.5 years to pay that balance off..

Taylor also warns against exorbitant fees. He warns the consumer to be on the lookout for excessive fees that are disguised as processing fees to complete a transaction, such as balance payment over the phone...or online.

Here is an insider tip, if your credit card company charges you a fee to pay your account online- you need to fire that company immediately. They are gouging you for fees that are absolutely not necessary.

He also warns of the dangers of "re-pricing." Taylor says that companies will alter interest rates of nearly everyone every year. If you have debt with another creditor, delinquent payments, or have had identity changes you're interest rate will very likely go up.

If you have had any problems with credit card companies, feel free to contact us.

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John W. Sharbrough, of the Alabama Consumer Law Blog, posted an article relating to American Express' attempt to bribe clients to pay off their debt.

The company is offering customers as much as $300 to pay off their balance and and close their card. However, the article warns that this is an attempt to "subvert bankruptcy laws."

“What AmEx is trying to do is move to the front of the line in terms of getting paid back by customers who owe debts to multiple lenders", said Micheal Talano, an analyst at Sander O’Neill & Partners. “They clearly grew loans faster than their competitors in the years leading up to this financial crisis.”

Ironcially, American Express just recieved $3.39 billion "from the U.S. Treasury to boost its capita....But apparently it had no intention to use that money to increase lending" according to Sharbrough.

If you are dealing with this, or any other issues relating to bankruptcy or debt collection/credit card troubles, feel free to contact us.

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We just were this week contacted by an Alabama consumer who is dealing with false charges on her credit card bills. Unfortunately, this problem affects consumers across the country including those of us in Alabama.

Our friend Jay Fleischman has an excellent post on this issue which we recommend you read. Jay has several points but here are just a couple of things you need to do to dispute the false charge:

You must:

* write to the creditor at the address given for “billing inquiries,” not the address for sending your payments, and include your name, address, account number and a description of the billing error.
* send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.

Please feel free to contact us if you have any questions about false charges on your credit card statements.

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Our friend Jay Fleischman of the New York Consumer Litigation Blog points out something that is rarely discussed in collection suits over credit card debt - which state statute of limitation law applies when a credit card company (or debt buyer) sues you?

Here is the heart of the matter according to a recent court decision out of Florida:

In the recent case of Capital One Bank USA, NA v Gregorich, one court in Florida has hit the nail on the head by saying that the statute of limitations is governed by the Cardmember Agreement between the consumer and the credit card company.

In the Gregorich case, Capital One began a lawsuit about 3 1/2 years after the date of default. The Customer Agreement (Capital One’s term for Cardmember Agreement) specifically stated that it would be governed by Federal and Virginia law. The relevant statute of limitations in Virginia was deemed to be 3 years because the Agreement did not qualify as a “written contract” governed by the 5 year Virginia Statute of Limitations.

End result? Capital One loses.

Your lesson? Always check the Cardmember Agreement to determine the appropriate statute of limitations.

If you have been sued, feel free to contact us for a free evaluation of your options and rights under the law.

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