2223 lines
108 KiB
Plaintext
2223 lines
108 KiB
Plaintext
|
|
|||
|
Newsgroups: misc.consumers,news.answers,misc.answers
|
|||
|
Subject: misc.consumers FAQ on credit
|
|||
|
Expires: +45 days
|
|||
|
Followup-To: misc.consumers
|
|||
|
Distribution: usa
|
|||
|
References: none
|
|||
|
Supersedes: <C2v90M.4xM@spss.com>
|
|||
|
Approved: news-answers-request@MIT.Edu
|
|||
|
|
|||
|
Last-modified: 22 Feb 1993
|
|||
|
|
|||
|
|
|||
|
Welcome!
|
|||
|
|
|||
|
Many questions are frequently asked on misc.consumers. This FAQ tries
|
|||
|
to answer questions about one area, namely consumer credit. (Even within
|
|||
|
that area, there's so much information that the FAQ is specialized in credit
|
|||
|
cards and credit reports.) I hope others will put together similar
|
|||
|
lists in other areas. Such lists can be forwarded to me for posting and
|
|||
|
maintenance.
|
|||
|
|
|||
|
This FAQ (Frequently Asked Questions) list should be a repository of the
|
|||
|
canonical "best" answers. If you know a better answer or a change that
|
|||
|
improves an answer, please tell me! (Use email, please. Traffic in
|
|||
|
this group is high, and I might easily miss a relevant posted article.)
|
|||
|
|
|||
|
Steve Adams, SPSS, Inc., Chicago, IL, USA
|
|||
|
adams@spss.com
|
|||
|
|
|||
|
|
|||
|
Because this FAQ list is quite long, it is divided into four parts.
|
|||
|
Part 1 (this file) is a table of contents, so that you can see easily
|
|||
|
whether your question is answered in the other two parts. (If you have
|
|||
|
last month's version, you may want to look at the diffs rather than
|
|||
|
reread these four long articles. Look for "misc.consumers FAQ on
|
|||
|
credit diff" in the Subject lines.)
|
|||
|
|
|||
|
|
|||
|
Contents of part 2 (credit cards)
|
|||
|
=================================
|
|||
|
|
|||
|
section 1. Credit cards, other cards
|
|||
|
101. What kinds of cards are there?
|
|||
|
102. What is an affinity card?
|
|||
|
103. Is MasterCard better than Visa, or vice versa? What about
|
|||
|
American Express, Diners Club, etc.?
|
|||
|
104. Why does my neighbor's MasterCard or Visa have different rates
|
|||
|
and fees from mine?
|
|||
|
105. What is a secured card?
|
|||
|
106. What is a guaranteed card?
|
|||
|
107. What is an unsecured card?
|
|||
|
108. What is a debit card?
|
|||
|
109. How does an ATM card differ from a debit card?
|
|||
|
110. Where can I find information about telephone credit cards?
|
|||
|
|
|||
|
section 2. Good deals, bad deals
|
|||
|
201. In general, what should I look for in a credit card?
|
|||
|
202. Do I want a fixed-rate or floating-rate (variable-rate) card?
|
|||
|
203. How do annual fees work?
|
|||
|
204. Can I get the annual fee waived at renewal time?
|
|||
|
205. What about application fees?
|
|||
|
206. What other fees should I be concerned about?
|
|||
|
207. Why is a grace period important?
|
|||
|
208. Why is a discount better than a rebate?
|
|||
|
209. What else should I watch out for in cards with rebates?
|
|||
|
210. How do I evaluate a secured card?
|
|||
|
211. Shouldn't I get as many cards as I can?
|
|||
|
212. Why would I want more than one of the same kind of card?
|
|||
|
213. Is a gold card worth the higher annual fee?
|
|||
|
214. I was mailed a solicitation for a Visa or MasterCard that
|
|||
|
accrues frequent-flyer miles on my purchases. Is this a good
|
|||
|
thing?
|
|||
|
215. I belong to the Benevolent Order of Mumble, and they mailed me
|
|||
|
a credit-card solicitation. It would be a MasterCard with
|
|||
|
their logo on it. Is this a good deal?
|
|||
|
216. My bank offered me a deal if I would agree to set up my
|
|||
|
checking account for automatic withdrawal on the due date to
|
|||
|
pay the credit card. Is this a good idea?
|
|||
|
217. I got a call (or saw an ad) inviting me to call a 900 number
|
|||
|
for a "guaranteed" MasterCard or Visa. Is this a good deal?
|
|||
|
218. What should I watch out for in a corporate card?
|
|||
|
219. I saw an ad for a card I've never heard of. What's the story?
|
|||
|
220. I got an application for a card that didn't state interest rate
|
|||
|
and fees. Is this legal?
|
|||
|
|
|||
|
section 3. Lists of good cards
|
|||
|
301. Where are lists of the best cards?
|
|||
|
302. I don't want to look up magazines. Isn't there an easier way?
|
|||
|
303. I understand why low rates or no annual fees are important.
|
|||
|
Why would I care about which banks issue the most cards?
|
|||
|
304. Okay, I know that First Mumble Bank of Fubar has a card I want
|
|||
|
to apply for. How do I get in touch?
|
|||
|
|
|||
|
Contents of part 3 (credit cards continued)
|
|||
|
===========================================
|
|||
|
|
|||
|
section 4. When you buy with a credit card
|
|||
|
401. Is it better to pay by check or by credit card, as a rule?
|
|||
|
402. When I make a purchase, can they ask for my address or phone
|
|||
|
number?
|
|||
|
403. If it's against the rules, why do merchants insist on address
|
|||
|
or phone number?
|
|||
|
404. What should I do when asked for personal information I don't
|
|||
|
want to give?
|
|||
|
405. I tried to charge a $10 item but the merchant pointed to a sign
|
|||
|
"minimum charge $20." Is this valid?
|
|||
|
406. Can the merchant charge credit-card users more than cash
|
|||
|
customers for the same item?
|
|||
|
407. I made a hotel reservation, and guaranteed it with my credit
|
|||
|
card. When I showed up, the hotel denied my reservation. Have
|
|||
|
I any recourse?
|
|||
|
408. I paid by check, and the merchant wrote my credit-card number
|
|||
|
on the back. If the check bounces, can the merchant charge my
|
|||
|
card?
|
|||
|
409. Can mail-order merchants charge my card before they ship?
|
|||
|
410. Is there any official document that I can take with me to show
|
|||
|
merchants who violate the rules?
|
|||
|
411. Where should I report merchants who break the rules?
|
|||
|
412. Does my payment have to reach the lender by the "due date" on
|
|||
|
the bill, or is it enough if I just mail it by the due date?
|
|||
|
413. I have a checking or savings account at the same bank as my
|
|||
|
Visa or MasterCard. Can the bank freeze my account or take
|
|||
|
money from it if I miss a payment on my credit card bill?
|
|||
|
|
|||
|
section 5. Billing errors and overcharges
|
|||
|
501. What kind of problems am I protected against?
|
|||
|
502. There's an error on my bill. What should I do?
|
|||
|
503. I got ripped off by the merchant. What should I do?
|
|||
|
504. Exactly which purchases qualify under the Fair Credit Billing
|
|||
|
Act?
|
|||
|
505. Will the bank get involved right away?
|
|||
|
506. What does resolving a problem "in good faith" mean?
|
|||
|
507. Any other hints for dealing with a problem merchant?
|
|||
|
508. I tried in good faith, but the merchant won't budge. Can the
|
|||
|
bank help?
|
|||
|
509. What does the bank do when I ask for a chargeback?
|
|||
|
510. What happens to finance charges on the disputed amount?
|
|||
|
511. What if I paid my bill in full before I noticed a problem?
|
|||
|
512. How do I avoid problems with unauthorized charges?
|
|||
|
|
|||
|
section 6. Miscellaneous credit-card stuff/Fair Debt Collection Act
|
|||
|
601. What do the digits in my credit-card number mean?
|
|||
|
602. I lost my credit card, or it was stolen. What should I do?
|
|||
|
603. What is the 800 number for customer service?
|
|||
|
604. Why was I turned down for a credit card?
|
|||
|
605. Should I give my credit-card number over the phone?
|
|||
|
606. What may creditors do? Fair Debt Collection Act.
|
|||
|
|
|||
|
|
|||
|
Contents of part 4 (credit reports)
|
|||
|
===================================
|
|||
|
|
|||
|
section 7. Credit reports--in general
|
|||
|
701. What is "the credit bureau"?
|
|||
|
702. Who assigns my credit rating?
|
|||
|
703. How long does it take for an event (positive or negative) to
|
|||
|
show up on my credit report?
|
|||
|
704. How does a lender decide whether to grant a loan?
|
|||
|
705. Should I apply for as many credit cards and charge accounts as
|
|||
|
possible, even if I won't use most of them right away?
|
|||
|
706. I was refused a loan or credit card. What can I do?
|
|||
|
707. One lender refused my loan, but another one said it was fine.
|
|||
|
How can this be?
|
|||
|
708. I'm planning to apply for a loan, and I'd like to know up front
|
|||
|
that my credit is clean. Can I get a copy?
|
|||
|
709. How long do negative items stay in my report?
|
|||
|
|
|||
|
section 8. Getting and reading your credit report
|
|||
|
801. How much does my credit report cost?
|
|||
|
802. Can I get a free copy of my own credit report?
|
|||
|
803. Can I phone in my request?
|
|||
|
804. Where do I mail my request for a credit report?
|
|||
|
805. What information should I provide when requesting a report?
|
|||
|
806. Help! What are all those codes on my credit report?
|
|||
|
807. What are "inquiries" on my credit report?
|
|||
|
|
|||
|
section 9. Fixing your credit report
|
|||
|
901. I've got a copy of my credit report, and it's wrong. What now?
|
|||
|
902. What exactly will the credit bureau do with my correction?
|
|||
|
903. My credit report shows adverse information, but I have a letter
|
|||
|
from the bank saying that information is false. Can I submit
|
|||
|
this letter to the credit bureau?
|
|||
|
904. The credit bureau ignored my correction -- or it says an item
|
|||
|
is right but I can prove it's wrong. What can I do?
|
|||
|
905. My credit report shows transactions from other people with the
|
|||
|
same name or similar names. How can I get it cleaned up?
|
|||
|
906. My spouse and I had joint credit accounts, and s/he ran up a
|
|||
|
lot of debts. Now we're divorced, and I want my ex's debts off
|
|||
|
my report.
|
|||
|
907. I got in trouble and ran up a lot of debts I couldn't pay, and
|
|||
|
now my credit report looks awful. How can I get credit?
|
|||
|
908. Are "credit repair" agencies legitimate?
|
|||
|
|
|||
|
|
|||
|
Disclaimers
|
|||
|
===========
|
|||
|
|
|||
|
The information presented here comes from others' research and from
|
|||
|
seemingly well-informed articles in news media and on Usenet. What is
|
|||
|
here is true to the best of my understanding, but I am only human (and
|
|||
|
I'm not an attorney). Before you rely on any of the information here,
|
|||
|
check it out for yourself. This is only a guide.
|
|||
|
|
|||
|
This list relates to law and custom in the U.S. and should not be taken
|
|||
|
as a guide to consumer credit in other nations. Also, it concentrates
|
|||
|
on Federal law as opposed to state laws, which vary widely. State law
|
|||
|
may give you important protections in addition to those from Federal
|
|||
|
law, but in every state you have _at_least_ the protections derived from
|
|||
|
Federal law and listed here. I'm always interested in state and local
|
|||
|
comparisons, but by design I omit almost all state information from this
|
|||
|
list: it's long enough already!
|
|||
|
|
|||
|
|
|||
|
Other resources
|
|||
|
===============
|
|||
|
|
|||
|
The Federal Reserve System publishes a series of pamphlets that describe
|
|||
|
your legal rights and advise you on conducting your financial affairs.
|
|||
|
Most are free or cost well under $1. You can get a free index of them
|
|||
|
from your nearest Federal Reserve Bank; ask for the catalog {Public
|
|||
|
Information Materials}. (If you don't know where the nearest Federal
|
|||
|
Reserve Bank is, any bank can tell you.) Readers of this FAQ list will
|
|||
|
be especially interested in the publications listed on six pages under
|
|||
|
"Consumer Finance," most intended for the general public. There are
|
|||
|
also many publications on home-equity loans and other home mortgages.
|
|||
|
|
|||
|
The Federal Financial Institutions Examination Council puts out a
|
|||
|
booklet called {Consumer Rights}. It lists the Federal laws that
|
|||
|
protect consumers' rights and explains how to make complaints against
|
|||
|
financial institutions. I picked up a copy in the literature rack
|
|||
|
at the FRB of Cleveland; you might try writing the Council at 1776 G
|
|||
|
Street NW, suite 850B, Washington DC 20006 or ask at your library.
|
|||
|
|
|||
|
|
|||
|
General net usage
|
|||
|
=================
|
|||
|
|
|||
|
Many FAQs on most newsgroups are really about how to use the net, your
|
|||
|
newsreader, or email, or what is proper netiquette. If you don't know
|
|||
|
about that stuff, you are strongly urged to subscribe to either
|
|||
|
news.newusers.questions or news.announce.newusers, or both.
|
|||
|
|
|||
|
You may also be interested in news.answers, which collects FAQ lists for
|
|||
|
many newsgroups. That newsgroup should have a long expiry time at your
|
|||
|
site; if not, talk to your sysadmin. FAQ lists are also available by
|
|||
|
anonymous FTP or email from pit-manager.mit.edu; see details below.
|
|||
|
|
|||
|
|
|||
|
Acknowledgements
|
|||
|
================
|
|||
|
|
|||
|
I want to thank the many misc.consumers readers who've sent corrections
|
|||
|
and suggestions since the first edition of this list in summer of 1991.
|
|||
|
I regret that I cannot thank most of them by name, because I failed to
|
|||
|
keep track of correspondents' names and addresses for the first six or
|
|||
|
seven months. The following have contributed after 25 Dec 1991:
|
|||
|
Muhammad Basit, Bill Branum, Craig Browning, Jim Burke, Dale Finn, David
|
|||
|
Grabiner, Joe Konstan, Tim Lee, John Levine, Roger Lustig, Will Martin,
|
|||
|
Dave Niebuhr, Rich Salz, Robert Sawyer, Mark Schuldenfrei, Russell Schulz,
|
|||
|
Carol Springs, William December Starr, Ivan Weisz, David Whiteman, Tom
|
|||
|
Wicklund, Hongfei Zhang
|
|||
|
|
|||
|
Special thanks goes to Stan Brown, who originated this FAQ.
|
|||
|
------------------------------
|
|||
|
For updated copies of the complete misc.consumers FAQ on credit, please
|
|||
|
look first in news.answers for articles with subject lines like this
|
|||
|
article's. New versions are posted around the third week of each month,
|
|||
|
in such a way that they should not expire until the following month's
|
|||
|
version is posted. If you can't find the current edition in
|
|||
|
news.answers, use ftp to pit-manager.mit.edu [18.172.1.27] to retrieve
|
|||
|
these files:
|
|||
|
|
|||
|
/pub/usenet/news.answers/consumer-credit-faq/part1
|
|||
|
/pub/usenet/news.answers/consumer-credit-faq/part2
|
|||
|
/pub/usenet/news.answers/consumer-credit-faq/part3
|
|||
|
|
|||
|
If you can't find the FAQs in news.answers and you have no ftp access,
|
|||
|
send a message with the following text
|
|||
|
|
|||
|
send usenet/news.answers/consumer-credit-faq/part1
|
|||
|
send usenet/news.answers/consumer-credit-faq/part2
|
|||
|
send usenet/news.answers/consumer-credit-faq/part3
|
|||
|
|
|||
|
and no subject to mail-server@pit-manager.mit.edu. Add "help" on a
|
|||
|
separate line for instructions on using the server.
|
|||
|
|
|||
|
|
|||
|
This FAQ (Frequently Asked Questions) list should be a repository of the
|
|||
|
canonical "best" answers. If you know a better answer or a change that
|
|||
|
improves an answer, please tell me! (Use email, please. Traffic in
|
|||
|
this group is high, and I might miss a relevant posted article.)
|
|||
|
|
|||
|
Steve Adams, SPSS, Inc., Chicago, IL, USA
|
|||
|
adams@spss.com
|
|||
|
|
|||
|
Please read the disclaimers, acknowledgements, and general information
|
|||
|
in part 1. (The most important disclaimer is that I am not a lawyer and
|
|||
|
this file is not to be construed as legal advice.)
|
|||
|
|
|||
|
|
|||
|
Some helpful free pamphlets are available from the FRB. You can write
|
|||
|
to Board of Governors of the Federal Reserve System, Publications
|
|||
|
Services, MS-138, Washington DC 20551 for these among others:
|
|||
|
|
|||
|
- How to File a Consumer Credit Complaint
|
|||
|
- Consumer Handbook to Credit Protection Laws
|
|||
|
|
|||
|
The phone number is (202) 452-3244 in case they accept phone orders.
|
|||
|
|
|||
|
See part 1 of this FAQ list to obtain a catalog of FRB publications,
|
|||
|
including many on home-equity loans and other home mortgages.
|
|||
|
|
|||
|
|
|||
|
section 1. Credit cards, other cards
|
|||
|
====================================
|
|||
|
|
|||
|
EDITOR's NOTE: I rarely use credit cards, but did use them quite
|
|||
|
a bit in the past. This information is compiled
|
|||
|
from numerous sources, and is as accurate as such
|
|||
|
information can be.
|
|||
|
|
|||
|
This section tells you about the types of credit cards, and some
|
|||
|
non-credit cards.
|
|||
|
|
|||
|
Q101. What kinds of cards are there?
|
|||
|
|
|||
|
- "bank cards," issued by banks: Visa, MasterCard, and Discover;
|
|||
|
|
|||
|
- "travel and entertainment (T&E) cards" like American Express and
|
|||
|
Diners Club;
|
|||
|
|
|||
|
- "house cards" that are good only at the stores of one chain.
|
|||
|
Sears is the biggest one of these, followed by the oil companies
|
|||
|
and phone companies and on down to your local department store.
|
|||
|
|
|||
|
T&E cards and national house cards like Sears have the same terms
|
|||
|
and conditions wherever you apply.
|
|||
|
|
|||
|
Bank cards are issued by the bank you apply to, which is why terms
|
|||
|
and fees vary widely among banks. However, MasterCard International
|
|||
|
and Visa U.S.A. Inc. do establish minimum standards and rules.
|
|||
|
Bank cards have some subspecies, described below.
|
|||
|
|
|||
|
Q102. What is an affinity card?
|
|||
|
|
|||
|
An affinity card carries the logo of an organization in addition to
|
|||
|
the emblem of the card. It is typically a Visa or MasterCard.
|
|||
|
|
|||
|
Sometimes card users get frequent-flyer miles or points toward
|
|||
|
merchandise from a catalog. The organization solicits all its
|
|||
|
members to get cards (or even turns over its mailing list). In
|
|||
|
return it gets some fraction of the annual fee or of the finance
|
|||
|
charge, or some amount per transaction, or a combination of
|
|||
|
incentives. Seldom does the organization get much money out of it:
|
|||
|
most of the profits go to the card issuer.
|
|||
|
|
|||
|
See section 2, "Good deals, bad deals," for how to evaluate these
|
|||
|
offers.
|
|||
|
|
|||
|
Q103. Is MasterCard better than Visa, or vice versa? What about
|
|||
|
American Express, Diners Club, etc.?
|
|||
|
|
|||
|
In the U.S., almost any establishment that takes MasterCard takes
|
|||
|
Visa, and vice versa. In Europe, many establishments take just one
|
|||
|
or the other. If you're going to be doing all your spending in the
|
|||
|
U.S., you may not want or need both cards.
|
|||
|
|
|||
|
American Express, Diners Club, and their kin were originally aimed
|
|||
|
at the more upscale "travel and entertainment" market. They are
|
|||
|
accepted at many places, though not as many as Visa and MC. Some
|
|||
|
places don't take MC and Visa but do take American Express or DC.
|
|||
|
|
|||
|
I don't have an AmEx card, but someone who does posted a list of the
|
|||
|
benefits he had actually used in a year and concluded that the card
|
|||
|
was worth more money to him than the annual fee. He cited student
|
|||
|
and non-student discounts for air travel, extra frequent-flyer miles
|
|||
|
for a variety of airlines, and "twofers" at some big-city
|
|||
|
restaurants. Your benefit will be different if your charging
|
|||
|
patterns are different.
|
|||
|
|
|||
|
The best card for you is the one that is accepted where you shop and
|
|||
|
charges you the least amount of money for the services you actually
|
|||
|
use. (For example, if you always pay off your balance each month,
|
|||
|
you want to make sure you get a card with a grace period but the
|
|||
|
interest rate doesn't matter much.)
|
|||
|
|
|||
|
Q104. Why does my neighbor's MasterCard or Visa have different rates and
|
|||
|
fees from mine?
|
|||
|
|
|||
|
MasterCard and Visa rates are set independently by the banks that
|
|||
|
issue them. In fact, a given bank may offer several different rate
|
|||
|
and fee schedules. Sometimes you can pick which one you want; other
|
|||
|
times the bank will offer you a single set of terms with no option,
|
|||
|
even though it offers another customer a different set of terms.
|
|||
|
That's why it's worth shopping around rather than just applying for
|
|||
|
"a MasterCard" or "a Visa." See section 2, "Good deals, bad deals."
|
|||
|
|
|||
|
This is not true of the T&E cards. One American Express green card
|
|||
|
is like all other American Express green cards in the country.
|
|||
|
(Corporate AmEx cards may vary from individual ones.)
|
|||
|
|
|||
|
Q105. What is a secured card?
|
|||
|
|
|||
|
Secured cards require you to make a bank deposit up front. The
|
|||
|
limit on the card is usually related to the amount of the bank
|
|||
|
deposit. The bank has the right to take money from your deposit if
|
|||
|
you don't pay your bill.
|
|||
|
|
|||
|
Secured cards are usually sold to people who have credit problems
|
|||
|
and can't get a regular "unsecured" card. But a secured card from a
|
|||
|
bank may be a good deal for anyone; see section 2, "Good deals, bad
|
|||
|
deals."
|
|||
|
|
|||
|
A secured MasterCard or Visa looks just like a regular one, and the
|
|||
|
law ensures that it has all the same consumer protections built in.
|
|||
|
|
|||
|
|
|||
|
Q106. What is a guaranteed card?
|
|||
|
|
|||
|
It's another name for a secured card, typically offered through 900
|
|||
|
numbers. Though technically legal, these are not a good deal for
|
|||
|
the consumer when they carry an application fee or a 900-number
|
|||
|
charge; see section 2, "Good deals, bad deals."
|
|||
|
|
|||
|
Q107. What is an unsecured card?
|
|||
|
|
|||
|
You may not often hear this term. Technically, a "regular" card is
|
|||
|
unsecured. This means that the bank can't take specific assets of
|
|||
|
yours if you don't pay the loan, but rather they have to sue you or
|
|||
|
force you into bankruptcy.
|
|||
|
|
|||
|
Q108. What is a debit card?
|
|||
|
|
|||
|
As its name implies, it is not a credit card. Instead of running up
|
|||
|
a bill for you at the end of the month, the debit card runs down
|
|||
|
your account at the moment the sale is made. Merchants like these
|
|||
|
because they get instant payment without worrying about bad checks.
|
|||
|
|
|||
|
Debit cards are convenient. But it's a lot more painful to resolve
|
|||
|
a problem if the money is gone from your account (as with a debit
|
|||
|
card) than if it's just numbers on a piece of paper (as with a
|
|||
|
credit card). And if you lose a debit card, your whole account can
|
|||
|
be cleaned out with no recourse for you. You decide whether you
|
|||
|
want to take on that risk.
|
|||
|
|
|||
|
A reader has reported that his Schwab account has a debit-type card
|
|||
|
associated with it, but it is treated like a credit card for other
|
|||
|
purposes. In other words, it is a credit card, but the debit is made
|
|||
|
immediately to his Schwab account.
|
|||
|
|
|||
|
Consumers in the know don't like debit cards because they give you
|
|||
|
less protection in case of disputes than credit cards do. (See
|
|||
|
section 5, "Billing errors and overcharges.")
|
|||
|
|
|||
|
Q109. How does an ATM card differ from a debit card?
|
|||
|
|
|||
|
An ATM (automatic teller machine) card is a form of debit card, but
|
|||
|
you use it in a cash machine by punching in your code number. (In
|
|||
|
common speech, "debit card" means the kind that looks like a credit
|
|||
|
card, where you sign for purchases.)
|
|||
|
|
|||
|
The ATM card is a little less dangerous if you lose it, since nobody
|
|||
|
can use it to drain your account without your PIN (personal identi-
|
|||
|
fication number). Also, most banks limit the amount of cash that
|
|||
|
can be withdrawn every day on an ATM card. On the other hand a Visa
|
|||
|
or MC debit card lets where a thief clean out your whole account
|
|||
|
with one purchase.
|
|||
|
|
|||
|
By the way, some banks are now issuing combined ATM-debit cards.
|
|||
|
Depending on your viewpoint, this gives you the advantages or the
|
|||
|
disadvantages of both.
|
|||
|
|
|||
|
Q110. Where can I find information about telephone credit cards?
|
|||
|
|
|||
|
Subscribe to the newsgroup comp.dcom.telecom and watch for the
|
|||
|
periodic posting on how to use the Telecom archives. Please don't
|
|||
|
post requests for credit-card information there.
|
|||
|
|
|||
|
You should also be aware of hybrid cards like the AT&T Universal
|
|||
|
card (both MasterCard and Visa) and the Ameritech Complete
|
|||
|
MasterCard, which act like regular bank cards but also let you
|
|||
|
charge phone calls.
|
|||
|
|
|||
|
|
|||
|
section 2. Good deals, bad deals
|
|||
|
================================
|
|||
|
|
|||
|
This section guides you to the questions you should ask yourself in
|
|||
|
evaluating any credit card before you apply.
|
|||
|
|
|||
|
Q201. In general, what should I look for in a credit card?
|
|||
|
|
|||
|
There are three principal features to the card itself: interest
|
|||
|
rate, annual fee, and grace period. By law, all must be disclosed
|
|||
|
at the time you apply. (They are discussed in the following Qs.)
|
|||
|
|
|||
|
Some cards, such as Discover and the new Ameritech Complete Master-
|
|||
|
Card, pay rebates as well. Some cards offer other features like
|
|||
|
frequent-flyer miles and extended warranties on purchases. You have
|
|||
|
to decide how much those are worth to you.
|
|||
|
|
|||
|
Also important is the pattern of your shopping: a card that your
|
|||
|
favorite merchants don't honor isn't much good to you.
|
|||
|
|
|||
|
Q202. Do I want a fixed-rate or floating-rate (variable-rate) card?
|
|||
|
|
|||
|
The interest rate is the rate charged on purchases and cash advances
|
|||
|
(generally two different rates). It can be fixed or floating.
|
|||
|
Fixed rates are not truly fixed, because the banks will change them
|
|||
|
every year or so. Floating rates are typically a bit lower than
|
|||
|
fixed rates, but fluctuate every month according to the latest
|
|||
|
T-bill sale, or the phase of the moon, or whatever. If you buy
|
|||
|
something you're expecting to pay off over many months, this makes
|
|||
|
it hard to guess how much finance charge you'll be paying.
|
|||
|
|
|||
|
Floating rate and variable rate mean the same thing.
|
|||
|
|
|||
|
Years ago, credit-card issuers would quote an interest rate that was
|
|||
|
not directly comparable with other lenders' rates because the method
|
|||
|
of computation was not standard. Now the law requires lenders to
|
|||
|
quote an Annual Percentage Rate (APR) so that you can compare cards.
|
|||
|
|
|||
|
Interest rates are all over the map. In a recent {Wall Street
|
|||
|
Journal} list, a secured card was as low as 8.0% and an unsecured
|
|||
|
card as low as 10.5%; you may also see interest rates as high as
|
|||
|
21.9%.
|
|||
|
|
|||
|
Q203. How do annual fees work?
|
|||
|
|
|||
|
The annual fee is, well, a fee that the card issuer bills to your
|
|||
|
account annually. Every year, on the anniversary of the date your
|
|||
|
account was opened, the fee for the coming year is billed to your
|
|||
|
account. Typical charges are $18-$20 for regular bank cards (about
|
|||
|
$40 for gold bank cards) and anywhere from $35 on up for various
|
|||
|
flavors of T&E cards. House cards are typically free.
|
|||
|
|
|||
|
Many lenders waive the fee the first year to get you to sign up,
|
|||
|
then depend on you to forget a year later that you'll be charged an
|
|||
|
annual renewal fee. There's nothing shady about this as long as
|
|||
|
it's disclosed up front.
|
|||
|
|
|||
|
The AT&T Universal Card no-annual-fee offer has expired. If you
|
|||
|
don't have an AT&T Universal Card now, you can apply for one but you
|
|||
|
may have to pay an annual fee. However, AT&T is still inviting some
|
|||
|
people to apply for a no-fee card.
|
|||
|
|
|||
|
Q204. Can I get the annual fee waived at renewal time?
|
|||
|
|
|||
|
Many lenders have "secret" programs in effect where if you ask them
|
|||
|
they will waive the annual fee. (AT&T confirmed on 19 March 1992
|
|||
|
that it is waiving the fee on its Universal cards for at least some
|
|||
|
customers who ask.) Some do it only if you charge a certain amount
|
|||
|
per year; others have other criteria. It certainly can't hurt to
|
|||
|
call just before renewal time and ask. (If you wait until after the
|
|||
|
fee is already on your statement, your chances aren't as good.)
|
|||
|
|
|||
|
Some banks will waive the annual fee if you tell them that you'll go
|
|||
|
elsewhere if you have to pay it. Others will not. You may want to
|
|||
|
ask (politely) to talk to a supervisor, since the front-line person
|
|||
|
may not care whether you cancel your card and may not have the
|
|||
|
authority to make concessions. Don't bluff on this unless you are
|
|||
|
confident you can get a card elsewhere.
|
|||
|
|
|||
|
One article in Usenet reported that the author called Citibank to
|
|||
|
cancel his Visa card because of the annual fee. They would not
|
|||
|
waive the fee but said they would send him a gift certificate for
|
|||
|
the same amount if he kept his card.
|
|||
|
|
|||
|
Q205. What about application fees?
|
|||
|
|
|||
|
These are extremely uncommon. Though such fees are legal, look long
|
|||
|
and hard at the terms before you agree to pay an application fee,
|
|||
|
even if you are "guaranteed" acceptance. You can almost certainly
|
|||
|
do better elsewhere. (See the "900" numbers later in this section.)
|
|||
|
|
|||
|
Q206. What other fees should I be concerned about?
|
|||
|
|
|||
|
Many cards assess an "over-limit fee" if you charge something that
|
|||
|
takes you over your credit limit. They may or may not allow the
|
|||
|
charge if they assess this fee. $5-$10 is common.
|
|||
|
|
|||
|
Some cards charge a late payment fee in addition to the finance
|
|||
|
charges. Again, $5-$10 is common.
|
|||
|
|
|||
|
Some cards charge a transaction fee for cash advances. This may be
|
|||
|
a flat amount (around $2), a percentage (1%-2% is common), or a
|
|||
|
combination. These fees are in addition to the stated interest
|
|||
|
rate, which usually starts accruing as soon as you get the money.
|
|||
|
|
|||
|
You have the right under the law to know what all these fees are
|
|||
|
when you apply.
|
|||
|
|
|||
|
Q207. Why is a grace period important?
|
|||
|
|
|||
|
The grace period is the time after the billing date that you have to
|
|||
|
pay off the bill without paying finance charge. (Grace periods for
|
|||
|
cash advances are pretty rare, since the bank would lose money on
|
|||
|
them.) T&E cards typically have generous grace periods; bank cards
|
|||
|
usually have 25 days but a few have 30 and many have no grace
|
|||
|
period. In every case the grace period runs from the date printed
|
|||
|
on the bill, not from the date you get the bill.
|
|||
|
|
|||
|
For instance, suppose your bill is prepared on the 28th of every
|
|||
|
month and the grace period is 25 days. If you make a purchase on
|
|||
|
July 3 it will show up on the July 28 bill and you'll have until
|
|||
|
August 22 (July 28 plus 25 days) to pay it off for free. If you
|
|||
|
don't pay the full balance, your August bill will show a finance
|
|||
|
charge, and so will every bill after that until you pay off your
|
|||
|
full balance.
|
|||
|
|
|||
|
Some banks give you a grace period only in months when your previous
|
|||
|
balance is zero. Others (fewer of them all the time) give the
|
|||
|
stated grace period on all new purchases even if you have a balance
|
|||
|
from last month. The second method can save you big bucks; be sure
|
|||
|
to find out how your bank does it when you apply for the card.
|
|||
|
|
|||
|
Q208. Why is a discount better than a rebate?
|
|||
|
|
|||
|
Rebates are a percentage refund on your purchases, either by check
|
|||
|
or by credit to your account. Discounts actually reduce the price
|
|||
|
on the bill before you pay it. Discover offers rebates on all
|
|||
|
purchases. The Ameritech Complete MasterCard gives 10% rebates on
|
|||
|
credit-card calls at the end of the year, where the AT&T Universal
|
|||
|
card gives 10% discounts on credit-card calls. On the principle
|
|||
|
that it's always better to keep money in your account than to pay it
|
|||
|
out and get some of it back later, discounts are better than rebates
|
|||
|
if the numbers are otherwise equal.
|
|||
|
|
|||
|
Q209. What else should I watch out for in cards with rebates?
|
|||
|
|
|||
|
First, when will the rebate be issued, at the end of the month or at
|
|||
|
the end of the year? (Typically, it's after the end of the year.)
|
|||
|
|
|||
|
Second, how is the rebate calculated? Be sure to read the fine
|
|||
|
print. For example, Discover advertises "up to 1%" rebate. That's
|
|||
|
true; but the fine print shows that you get back 1% of every dollar
|
|||
|
you charge after $3000 a year; the first $3000 is rebated at rates
|
|||
|
between a quarter and three quarters of a percent. (Confirmed by
|
|||
|
telephone, 1991 Oct 14, and by personal experience.)
|
|||
|
|
|||
|
Q210. How do I evaluate a secured card?
|
|||
|
|
|||
|
Use the same criteria as for any other card. Ask the bank some
|
|||
|
additional questions: What interest is paid on the deposit? If I
|
|||
|
maintain a good credit record, when could I be considered for an
|
|||
|
unsecured card?
|
|||
|
|
|||
|
Also ask yourself if you might conceivably have need for the
|
|||
|
deposited funds during the required term. If so, find out up front
|
|||
|
whether you can withdraw the deposit in case of financial emergency,
|
|||
|
and what it costs in interest and penalties to do that.
|
|||
|
|
|||
|
You will want a secured card if you don't qualify for an unsecured
|
|||
|
one but you need credit.
|
|||
|
|
|||
|
You may want a secured card even if you could get an unsecured card.
|
|||
|
Why? Since a secured card represents less risk to the bank,
|
|||
|
interest rates may be lower than for unsecured cards. (Two recent
|
|||
|
surveys showed an Illinois bank's secured card with a grace period
|
|||
|
and no annual fee that had the lowest interest rate in the surveys.)
|
|||
|
|
|||
|
Q211. Shouldn't I get as many cards as I can?
|
|||
|
|
|||
|
Not necessarily. The more cards you have, the fatter your wallet is
|
|||
|
and the more cards you have to keep track of.
|
|||
|
|
|||
|
See section 7, "Credit bureaus and your credit rating," in part 3 of
|
|||
|
this list, for other reasons why having a lot of cards can be a
|
|||
|
problem.
|
|||
|
|
|||
|
Q212. Why would I want more than one of the same kind of card?
|
|||
|
|
|||
|
Some people like having, say, two MasterCards or two Visas. I don't
|
|||
|
see the advantages of such an arrangement. I've heard some people
|
|||
|
say they charge a big-ticket item on one card and pay it off a
|
|||
|
little bit every month, while charging normal purchases to the other
|
|||
|
card and paying them off in full every month. However, credit-card
|
|||
|
debt is about the most expensive way there is to finance a big item;
|
|||
|
you're almost certainly better off getting a loan from your bank or
|
|||
|
credit union.
|
|||
|
|
|||
|
You might want to have a MasterCard and a Visa, or a bank card and a
|
|||
|
T&E card, to be able to charge at places that take one but not the
|
|||
|
other. In this case, try to schedule the billing dates two weeks
|
|||
|
apart. (Some card issuers will alter your billing date if you ask.)
|
|||
|
|
|||
|
Q213. Is a gold card worth the higher annual fee?
|
|||
|
|
|||
|
Gold cards typically carry some of these perks: collision damage
|
|||
|
waiver on auto rentals, travel insurance, extended warranty on
|
|||
|
purchases, roadside assistance, higher credit limits, frequent-flyer
|
|||
|
miles, and of course :-) prestige.
|
|||
|
|
|||
|
Many non-gold cards also offer some or all of these. The AAA offers
|
|||
|
roadside assistance. Many standard auto insurance policies cover
|
|||
|
the CDW on rentals. If you have a good record on your existing
|
|||
|
card, you can probably get your credit limit increased by calling
|
|||
|
the issuer. There's no one answer to whether these cards are worth
|
|||
|
the extra money: you have to decide what the perks and prestige are
|
|||
|
worth to you, and your neighbor could well come up with a different
|
|||
|
answer.
|
|||
|
|
|||
|
Q214. I was mailed a solicitation for a Visa or MasterCard that accrues
|
|||
|
frequent-flyer miles on my purchases. Is this a good thing?
|
|||
|
|
|||
|
It may or may not be. Does the airline fly to places you really
|
|||
|
want to go? How many dollars must you charge to earn a free ticket?
|
|||
|
Is the airline likely to be around by then? Are you likely to spend
|
|||
|
more than you otherwise would, just to accumulate the miles?
|
|||
|
|
|||
|
Ask yourself questions like these, in addition to all the others
|
|||
|
mentioned in this section.
|
|||
|
|
|||
|
Q215. I belong to the Benevolent Order of Mumble, and they mailed me a
|
|||
|
credit-card solicitation. It would be a MasterCard with their
|
|||
|
logo on it. Is this a good deal?
|
|||
|
|
|||
|
This is an affinity card; see section 1, "Credit cards, other
|
|||
|
cards." Evaluate an affinity card as you would any other. If you
|
|||
|
would consider it a good deal in the open market, based on the way
|
|||
|
you use credit, then it's a good deal. But an expensive card
|
|||
|
doesn't become a good deal just because a small fraction of the
|
|||
|
profits are turned back to your organization. Unless the card is a
|
|||
|
good deal for you personally, it's a better idea to make a direct
|
|||
|
donation to your organization -- and you get a tax deduction too, if
|
|||
|
it's a charity.
|
|||
|
|
|||
|
216. My bank offered me a deal if I would agree to set up my checking
|
|||
|
account for automatic withdrawal on the due date to pay the credit
|
|||
|
card. Is this a good idea?
|
|||
|
|
|||
|
It depends on the specific terms of the deal. For example, a
|
|||
|
reduced interest rate is meaningless if you pay off every month
|
|||
|
anyway.
|
|||
|
|
|||
|
It also depends on your own spending patterns. If you tend to
|
|||
|
forget to pay your bills on time, this arrangement can save you some
|
|||
|
late charges or finance charges. On the other hand, if you forget
|
|||
|
to enter the automatic withdrawal in your checkbook you may find
|
|||
|
you're overdrawn and start bouncing checks.
|
|||
|
|
|||
|
Some consumers have reported problems with disputed charges being
|
|||
|
paid automatically, or the bank disregarding special requests to
|
|||
|
alter a scheduled payment. You should weigh carefully this
|
|||
|
additional loss of control over your checking account against the
|
|||
|
benefits promised.
|
|||
|
|
|||
|
Q217. I got a call (or saw an ad) inviting me to call a 900 number for a
|
|||
|
"guaranteed" MasterCard or Visa. Is this a good deal?
|
|||
|
|
|||
|
No. These offers require you to pay up front either for a specific
|
|||
|
secured card or (worse) for a list of banks that issue secured
|
|||
|
cards.
|
|||
|
|
|||
|
Instead, if you need a secured card, apply to a bank that advertises
|
|||
|
them. (Citibank in New York started a nationwide program of secured
|
|||
|
cards in late summer 1991.)
|
|||
|
|
|||
|
Even better, ask your own bank about getting a secured card there,
|
|||
|
or referring you. There's no charge for making the inquiry, and I
|
|||
|
have never heard of a bank charging a fee for a direct application.
|
|||
|
|
|||
|
Finally, check the published lists (see section 3, "Lists of good
|
|||
|
cards"), and apply directly to banks listed there.
|
|||
|
|
|||
|
Q218. What should I watch out for in a corporate card?
|
|||
|
|
|||
|
A "corporate card" is an ordinary card, typically American Express
|
|||
|
or Diners Club. However, you don't apply for it. It is issued to
|
|||
|
certain employees of a company for the company's convenience in
|
|||
|
managing travel expenses. There are a couple of possible problems.
|
|||
|
|
|||
|
First, you may be individually responsible for charges to the card,
|
|||
|
even though you use it only for business purposes. This can be a
|
|||
|
problem if your company is very slow to reimburse you for expenses.
|
|||
|
|
|||
|
Second, some cardholders have posted articles to the effect that
|
|||
|
corporate cards may not have the same buyer protections (like
|
|||
|
extended warranty) that personal cards do.
|
|||
|
|
|||
|
Q219. I saw an ad for a card I've never heard of. What's the story?
|
|||
|
|
|||
|
Be careful when applying for credit. Some companies advertise
|
|||
|
credit cards on TV. The problem is that although the card looks a
|
|||
|
lot like a Visa or MasterCard, it is only good for merchandise from
|
|||
|
the company's own catalog. Despite the promise of "discount
|
|||
|
prices," you will pay more than you would pay in stores or through
|
|||
|
other mail-order channels.
|
|||
|
|
|||
|
Most legitimate catalog companies take Visa, MasterCard, American
|
|||
|
Express, or some combination. You should always pick merchandise
|
|||
|
for its own qualities, not because you're forced into it by which
|
|||
|
credit card you have.
|
|||
|
|
|||
|
Q220. I got an application for a card that didn't state interest rate
|
|||
|
and fees. Is this legal?
|
|||
|
|
|||
|
No. The U.S. Fair Credit and Charge Card Disclosure Act requires
|
|||
|
issuers of charge or credit cards (including retail stores) to
|
|||
|
reveal certain basic information in tabular form with the applica-
|
|||
|
tion or the "preapproved" solicitation. This basic information
|
|||
|
includes interest rate (APR), annual fee, and grace period.
|
|||
|
Disclosures must also be provided before annual renewal if the card
|
|||
|
issuer imposes an annual fee.
|
|||
|
|
|||
|
Source: {Consumer Rights} pamphlet, mentioned in part 1 of this FAQ
|
|||
|
list. If you have a problem, the agency to complain to depends on
|
|||
|
the nature of the card issuer (Federal Savings Bank, National Bank,
|
|||
|
credit union, etc.); see the pamphlet.
|
|||
|
|
|||
|
|
|||
|
section 3. Lists of good cards
|
|||
|
==============================
|
|||
|
|
|||
|
This FAQ list can't tell you which card is best for you. Your spending
|
|||
|
patterns and needs are different from others', and credit-card terms are
|
|||
|
constantly changing. What this section can and will do is give you a
|
|||
|
few simple steps to find the information on your own. Remember to
|
|||
|
evaluate any card offer against the criteria in section 2, "Good deals,
|
|||
|
bad deals."
|
|||
|
|
|||
|
Q301. Where are lists of the best cards?
|
|||
|
|
|||
|
No one card is best for everyone. Are you looking for a card with
|
|||
|
no annual fee? low interest rate? long grace period? Do you want
|
|||
|
a secured card? Lists are published in several places.
|
|||
|
|
|||
|
- {Barron's}, an investment weekly, lists low-rate cards, no-fee
|
|||
|
cards, and the biggest card issuers near the back of the "Market
|
|||
|
Laboratory" section of every issue.
|
|||
|
|
|||
|
- {Money} Magazine's "Money Scorecard" also carries a brief list of
|
|||
|
inexpensive credit cards, with phone numbers of the issuers.
|
|||
|
|
|||
|
- {The Wall Street Journal} publishes a monthly list, lately on
|
|||
|
Friday of the first week of every month. Look in the index on
|
|||
|
page C1 for "credit card rates." (The most recent publication
|
|||
|
dates were Monday, 4 May, and Friday, 3 Apr.)
|
|||
|
|
|||
|
Many libraries have back issues of some or all of these periodicals.
|
|||
|
Be sure to ask at the reference desk if you don't see them on
|
|||
|
display.
|
|||
|
|
|||
|
Q302. I don't want to look up magazines. Isn't there an easier way?
|
|||
|
|
|||
|
First, don't post a request to the net. You may get some replies,
|
|||
|
but typically they'll be for banks out of your area and will be
|
|||
|
missing important information. Besides, those repeated requests are
|
|||
|
just what this FAQ list is supposed to prevent, and you wouldn't
|
|||
|
want me to look foolish, would you? :-)
|
|||
|
|
|||
|
Fortunately, you can get a list by mail. Here are your choices,
|
|||
|
from the May 1990 {Consumer Reports}. (Prices may possibly have
|
|||
|
changed since then.)
|
|||
|
|
|||
|
- Bankcard Holders of America, 560 Herndon Parkway suite 120,
|
|||
|
Herndon VA 22070: send $1.50 for list of 50 "Fair Deal" banks
|
|||
|
(low interest rate on cards) or $1.50 for a separate list of
|
|||
|
no-fee cards. Phone number: (800) 553-8025 or (703) 481-1110.
|
|||
|
|
|||
|
- RAM Research, P O Box 1700, Frederick MD 21701: send $5.00 for
|
|||
|
500-bank "RAM Research Bankcard List" (updated monthly).
|
|||
|
|
|||
|
- Consumer Credit Card Rating Service, P O Box 5219, Santa Monica CA
|
|||
|
90405: send $12.00 for "Credit Card Locator," over 100 no-fee
|
|||
|
cards, 200 more with fees under $15, and interest rates on cards
|
|||
|
from 1000 banks.
|
|||
|
|
|||
|
Disclaimer: I have not actually ordered from RAM or CCCRS myself.
|
|||
|
If you have any corrections from experience (not hearsay), please
|
|||
|
email me at adams@spss.com.
|
|||
|
|
|||
|
Q303. I understand why low rates or no annual fees are important. Why
|
|||
|
would I care about which banks issue the most cards?
|
|||
|
|
|||
|
A bank that issues lots of cards may be less choosy than a bank with
|
|||
|
fewer customers. If you are expecting problems getting credit, the
|
|||
|
larger bank might be more willing to accept you.
|
|||
|
|
|||
|
Q304. Okay, I know that First Mumble Bank of Fubar has a card I want to
|
|||
|
apply for. How do I get in touch?
|
|||
|
|
|||
|
First, don't post a request to the net for their phone number. This
|
|||
|
costs hundreds or thousands of dollars and wastes lots of people's
|
|||
|
time. You may get the number you want, but it takes a few days, but
|
|||
|
you surely will get some nasty email.
|
|||
|
|
|||
|
Quoting from the FAQ in another group: The network is NOT a free
|
|||
|
resource, although it may look like that to some people. It is far
|
|||
|
better to spend a few minutes of your own time researching an answer
|
|||
|
rather than broadcast your laziness and/or ineptitude to the net.
|
|||
|
|
|||
|
Try (800) 555-1212 (it's free) to find if the bank maintains an 800
|
|||
|
number; many do. If not, look at the area-code map in the front of
|
|||
|
your phone book to find the area code of the city where the bank is
|
|||
|
located (or you can call 411, or the Operator); dial 1, the area code,
|
|||
|
and 555-1212. Then call the bank and ask for an application.
|
|||
|
Alternatively, larger public libraries have banking directories and
|
|||
|
can probably give you the information at the reference desk or by
|
|||
|
phone.
|
|||
|
|
|||
|
|
|||
|
section 4. When you buy with a credit card
|
|||
|
==========================================
|
|||
|
|
|||
|
Murphy's Law has free play in credit matters. Here are some common
|
|||
|
problems and how to avoid them (if you can) or resolve them (if you
|
|||
|
must).
|
|||
|
|
|||
|
Q401. Is it better to pay by check or by credit card, as a rule?
|
|||
|
|
|||
|
In general, it's better to use a credit card. When you pay by
|
|||
|
credit card, the U.S. Fair Credit Billing Act gives you a lot of
|
|||
|
protections (see section 5, "Billing errors and overcharges").
|
|||
|
These safeguards don't apply if you pay by check or by debit card.
|
|||
|
|
|||
|
However, be aware that credit-card debt is about the most expensive
|
|||
|
legal kind there is. With banks paying as low as 3% on savings (as
|
|||
|
of January 1992) but charging 19% or more on credit-card balances,
|
|||
|
it makes sense never to carry a balance past your grace period.
|
|||
|
|
|||
|
Household budgeting is beyond the scope of this FAQ list. But
|
|||
|
always bear in mind that if you're paying by check because your
|
|||
|
credit cards are maxed out, you may well be overextended and may
|
|||
|
want to think about deferring major purchases. Even if your cards
|
|||
|
aren't maxed out, if you're carrying a balance from month to month
|
|||
|
you are paying dearly for the privilege.
|
|||
|
|
|||
|
Q402. When I make a purchase, can they ask for my address or phone
|
|||
|
number?
|
|||
|
|
|||
|
This is a complicated question. There are two possible sources of
|
|||
|
an answer: Federal and state law, and the policies of the
|
|||
|
card-issuing organization.
|
|||
|
|
|||
|
Law: There is no Federal law on the subject. According to Bankcard
|
|||
|
Holders of America, the laws of CA, DE, GA, MD, MN, NJ, NV, and NY
|
|||
|
prohibit recording personal information in connection with
|
|||
|
credit-card transactions. Note the word "recording": strictly
|
|||
|
interpreted, this means they can ask you to show a driver's license
|
|||
|
but can't write anything down from it.
|
|||
|
|
|||
|
Policy: According to letters from
|
|||
|
|
|||
|
Director of Public Affairs and
|
|||
|
Visa USA Inc. MasterCard International
|
|||
|
P.O. Box 8999 888 Seventh Avenue
|
|||
|
San Francisco, CA 94128-8999 New York, NY 10106
|
|||
|
|
|||
|
merchants are not allowed to refuse a sale made by Visa or
|
|||
|
MasterCard solely because the customer refuses to provide additional
|
|||
|
personal information. According to Bankcard Holders of America, the
|
|||
|
same is true when you use your American Express card, but not when
|
|||
|
you use Discover.
|
|||
|
|
|||
|
If merchants have "sufficient" reason to suspect you are not the
|
|||
|
authorized card holder, they may ask for further ID. This exception
|
|||
|
rarely comes up in real life, and even if it does they must not
|
|||
|
write the information on the Amex, Visa, or MC charge slip.
|
|||
|
|
|||
|
Q403. If it's against the rules, why do merchants insist on address or
|
|||
|
phone number?
|
|||
|
|
|||
|
Don't rule out ignorance: many merchants don't know the rules.
|
|||
|
They may think (wrongly) that getting extra information from you
|
|||
|
will protect them somehow. The truth is that if they follow the
|
|||
|
procedures of the credit-card company, they will get paid, period.
|
|||
|
|
|||
|
On the other hand, some merchants are deliberately flouting the
|
|||
|
rules and depending on you to acquiesce. Why? Because they can
|
|||
|
sell your address or phone number, or add you to their in-house list
|
|||
|
of sales prospects.
|
|||
|
|
|||
|
Don't accept the old wheeze about "in case there's a problem." If
|
|||
|
the merchant follows proper procedures at the time of sale, there
|
|||
|
won't be. If you leave your card behind they can send it to the the
|
|||
|
card issuer, who will return it to you.
|
|||
|
|
|||
|
Q404. What should I do when asked for personal information I don't want
|
|||
|
to give?
|
|||
|
|
|||
|
See also "Is there any official document" and "Where should I report
|
|||
|
merchants who break the rules?" later in this section.
|
|||
|
|
|||
|
If you don't see what all the fuss is about, please skip this Q.
|
|||
|
Note the key words, "information that I don't want to give."
|
|||
|
|
|||
|
The most effective response is to ignore the request. When they
|
|||
|
say, "I need your signature and phone," simply sign in the proper
|
|||
|
place and hand them the charge slip without your phone number.
|
|||
|
Don't comment on the request in any way. More often than not, they
|
|||
|
won't follow up.
|
|||
|
|
|||
|
If they do notice that you didn't put down the personal information,
|
|||
|
and ask you again for it, simply say quietly "I don't give that
|
|||
|
out." Almost all the time, the clerk writes down something like
|
|||
|
"refused" and that's the end of it.
|
|||
|
|
|||
|
If they still insist, you have to decide how important it is to you
|
|||
|
to make a point. If you don't much care, give them what they want
|
|||
|
so you can get back home.
|
|||
|
|
|||
|
If (like me) you're a privacy fanatic, you can do one of several
|
|||
|
things. (1) Point out that Visa and MasterCard rules don't allow
|
|||
|
them to require this information and wait to see what they do.
|
|||
|
Typically the clerk calls the manager to "authorize" the sale, which
|
|||
|
she does right away. (2) Or you can say "Fine: if you can't make
|
|||
|
the sale without this information, give me a credit slip and keep
|
|||
|
the merchandise." (Since the sale has already gone into the register
|
|||
|
they probably won't call your bluff. They've never called mine. If
|
|||
|
they do, get a written credit slip unless you're sure that the
|
|||
|
transaction has not already been processed electronically.) (3) Or
|
|||
|
you can make up a phone number. Please use one beginning with 555
|
|||
|
so that some innocent person doesn't get sales calls. (4) Or, if
|
|||
|
you happen to know the number of the store it's always a nice touch
|
|||
|
to give them that.
|
|||
|
|
|||
|
In all this, be firm but pleasant and quiet. Don't raise your
|
|||
|
voice, but if this is important to you then don't let yourself be
|
|||
|
bullied either. After all, this is America and you can almost
|
|||
|
always get equivalent merchandise from another store.
|
|||
|
|
|||
|
Q405. I tried to charge a $10 item but the merchant pointed to a sign
|
|||
|
"minimum charge $20." Is this valid?
|
|||
|
|
|||
|
Never for Visa and MasterCard; generally not for American Express.
|
|||
|
Discover explicitly allows the merchant to set a minimum purchase
|
|||
|
amount, according to email received by the previous editor.
|
|||
|
|
|||
|
MC and Visa rules provide that a merchant may not require any
|
|||
|
minimum purchase amount. This is the merchant's agreement with Visa
|
|||
|
or MasterCard; it is not a Federal law. (On the other hand, if you
|
|||
|
insist on charging a 79-cent ball point pen, I hope you get four
|
|||
|
flat tires on the way home.)
|
|||
|
|
|||
|
According to Bankcard Holders of America, if a merchant takes
|
|||
|
American Express and also Visa or MC, Amex doesn't let the merchant
|
|||
|
impose a minimum purchase on Amex users because that would
|
|||
|
discriminate against them. Merchants who take Amex but neither Visa
|
|||
|
nor MC may impose minimum charges but Amex officially discourages
|
|||
|
the practice.
|
|||
|
|
|||
|
Q406. Can the merchant charge credit-card users more than cash customers
|
|||
|
for the same item?
|
|||
|
|
|||
|
In a word, maybe. In a few more words, probably, if the merchant
|
|||
|
goes about it the right way.
|
|||
|
|
|||
|
The Federal Truth-in-Lending Act prohibited surcharges on credit-
|
|||
|
card purchases until 1984; since then, there has been no Federal law
|
|||
|
on that subject. (Other provisions of the law are still in force.)
|
|||
|
The states of CA, CO, CT, FL, KS, MA, ME, NY, OK, and TX have laws
|
|||
|
against surcharges, according to Bankcard Holders of America.
|
|||
|
|
|||
|
Discover allows surcharges on credit-card purchases, except in the
|
|||
|
above states. Visa and MasterCard prohibit them. American Express
|
|||
|
discourages them in general, and specifically prohibits them by
|
|||
|
merchants that also take MasterCard or Visa because Amex doesn't
|
|||
|
allow merchants to discriminate against it.
|
|||
|
|
|||
|
There is a loophole: merchants are allowed to give cash discounts.
|
|||
|
This means in practice that they can't charge you more than the
|
|||
|
labeled price if you pay by credit card, but they can charge you
|
|||
|
less if you pay cash. Some companies announce (usually in tiny
|
|||
|
print in the catalog) that all prices "reflect cash discount" of x%
|
|||
|
so credit-card users must pay x% more than the stated price; this
|
|||
|
may be legal but it certainly violates the spirit of the law or the
|
|||
|
regulations. I don't know about the "service fee" charged credit-
|
|||
|
card users for things like ordering tickets over the phone, but
|
|||
|
they're certainly not allowed to charge you a higher price in person
|
|||
|
than if you pay cash.
|
|||
|
|
|||
|
The other loophole, according to Bankcard Holders of America (BHA),
|
|||
|
is this. Certain government agencies are by law not allowed to pay
|
|||
|
"discount fees," which are the processing fee the bank charges
|
|||
|
merchants for handling credit-card slips. Since the banks won't
|
|||
|
handle these for free, if your state lets you pay license fees by
|
|||
|
credit card you may well have to pay a surcharge for the privilege.
|
|||
|
However, BHA says that there are no exceptions for retail merchants.
|
|||
|
|
|||
|
Q407. I made a hotel reservation, and guaranteed it with my credit card.
|
|||
|
When I showed up, the hotel denied my reservation. Have I any
|
|||
|
recourse?
|
|||
|
|
|||
|
That depends. Most hotels and motels (but not all) subscribe to the
|
|||
|
"Lodging Services Addendum" in their merchant agreement with Visa.
|
|||
|
If the hotel is one that participates, and they have no room for you
|
|||
|
when you arrive with a guaranteed reservation, their agreement with
|
|||
|
Visa requires them to:
|
|||
|
|
|||
|
- Provide the cardholder with at least comparable accommodations for
|
|||
|
one night at another establishment.
|
|||
|
|
|||
|
- Provide transportation for the cardholder to that establishment.
|
|||
|
|
|||
|
- If requested, allow the cardholder to make a 3-minute local or
|
|||
|
long distance call.
|
|||
|
|
|||
|
- If requested, forward all messages and calls for the cardholder to
|
|||
|
the alternate establishment.
|
|||
|
|
|||
|
(source: Lodging Services Addendum to Visa agreement of First Bank
|
|||
|
System, as quoted in a Usenet posting)
|
|||
|
|
|||
|
However, your unsupported word is not exactly proof that you had a
|
|||
|
reservation. Next time, write down the date and time you called,
|
|||
|
the rate you were quoted, which credit card you used for the
|
|||
|
guarantee, and the confirmation number. (You may have to ask for a
|
|||
|
confirmation number.) You need that info if there's a problem with
|
|||
|
your reservation, or if your plans change and you have to cancel.
|
|||
|
|
|||
|
Some state laws may protect you when you have a guaranteed reserva-
|
|||
|
tion, whether you guaranteed it by a deposit or by credit card.
|
|||
|
|
|||
|
Q408. I paid by check, and the merchant wrote my credit-card number on
|
|||
|
the back. If the check bounces, can the merchant charge my card?
|
|||
|
|
|||
|
The answer to this one boils down to "There are two kinds of
|
|||
|
prevention, and an ounce of either is worth a pound of cure."
|
|||
|
|
|||
|
First, in CA, DE, FL, GA, IA, IL, KS, MD, MN, ND, NJ, NV, NY, OH, VA,
|
|||
|
and WA it's illegal for merchants even to write your credit-card
|
|||
|
number on your check, so don't let them do it. (Note: In Illinois,
|
|||
|
they can request a look at your card, but can't write the number on
|
|||
|
your check. They CAN write the type of card and expiration date)
|
|||
|
Source: Bankcard Holders of America. (I understand some banks are
|
|||
|
tying check guarantees to their credit cards. I don't know whether
|
|||
|
that's legal in the above states, but it seems to be a bad idea. If my
|
|||
|
bank did that, I would question them closely about the potential for
|
|||
|
fraud in using the same number for my credit cards as for check
|
|||
|
guarantees. Giving someone your credit- card number with your name
|
|||
|
and address -- possibly even your phone number -- on a printed check is
|
|||
|
an open invitation to scam artists.)
|
|||
|
|
|||
|
Second, In states other than those listed above, the merchant has
|
|||
|
the legal right to refuse the sale if you refuse to give the
|
|||
|
informa- tion. However, Visa, MasterCard, and American Express all
|
|||
|
forbid merchants to charge a credit-card account to cover a bounced
|
|||
|
check, or to use card numbers to locate a customer whose check
|
|||
|
bounces. Since the merchant can't do anything legitimate with the
|
|||
|
card number, and since providing it makes you a possible victim of
|
|||
|
fraud, you should politely decline. One possible compromise, if
|
|||
|
you're at an impasse, would be to show the card with your name on
|
|||
|
it, but to cover up all or part of the card number and to insist
|
|||
|
that no part of the number be written down. Source: Bankcard
|
|||
|
Holders of America. (The situation may be different if your credit
|
|||
|
card is also a check-guarantee card; see the preceding paragraph for
|
|||
|
cautions.)
|
|||
|
|
|||
|
Nearly 90% of bounced checks are due to consumers' math errors in
|
|||
|
balancing their checkbooks. Despite this, the law in some states is
|
|||
|
that if you bounce a check it is assumed to be deliberate unless you
|
|||
|
can prove otherwise, and deliberately bouncing a check is a crime in
|
|||
|
every state.
|
|||
|
|
|||
|
It's better never to get into this hassle than to deal with it after
|
|||
|
the fact. If you've got credit cards, why pay by check at all?
|
|||
|
(See "Is it better to pay by check?" earlier in this section.) If
|
|||
|
you do pay by check, don't give a credit-card number. And if you
|
|||
|
bounce a check, don't make the merchant come to you but go to the
|
|||
|
merchant immediately to make things right. Give the merchant a good
|
|||
|
check (probably a cashier's check) or cash for the amount of the
|
|||
|
purchase, and expect to pay a reasonable fee to the merchant in
|
|||
|
addition to your bank's fee.
|
|||
|
|
|||
|
Q409. Can mail-order merchants charge my card before they ship?
|
|||
|
|
|||
|
According to Janet Hug of Visa USA, "a merchant is not permitted to
|
|||
|
bill ahead of time" except in case of a deposit or down payment that
|
|||
|
the customer agrees to. (phone call from Visa USA, 12 May 1992)
|
|||
|
|
|||
|
MasterCard said in a letter that a merchant can charge you before
|
|||
|
shipment only if s/he tells you and you agree to "the terms and
|
|||
|
conditions of the sale."
|
|||
|
|
|||
|
American Express said the merchant can charge your card as soon as
|
|||
|
you give your account number; but if you receive the bill before the
|
|||
|
merchandise, call Amex customer service and you don't have to pay
|
|||
|
while they investigate. (phone call to Amex, 16 May 1992)
|
|||
|
|
|||
|
Q410. Is there any official document that I can take with me to show
|
|||
|
merchants who violate the rules?
|
|||
|
|
|||
|
Yes, the Bankcard Holders of America includes a wallet-sized
|
|||
|
Consumer Action Card with its pamphlet #14, "Consumer Rights at the
|
|||
|
Cash Register." For a copy, send $3 to BHA, 560 Herndon Parkway
|
|||
|
suite 120, Herndon VA 22070, or call (800) 553-8025 and ask for a
|
|||
|
catalog. The card gives you something to show the merchant who
|
|||
|
won't believe your unsupported word. The card has no legal force,
|
|||
|
but at least you don't look like you're making things up. The
|
|||
|
pamphlet does the same thing, but an 11"x17" piece of paper gets
|
|||
|
kind of bulky folded in your wallet!
|
|||
|
|
|||
|
Also see the pamphlets mentioned at the beginning of this file,
|
|||
|
which are issued by the Federal Reserve. That should be official
|
|||
|
enough for any merchant.
|
|||
|
|
|||
|
Q411. Where should I report merchants who break the rules?
|
|||
|
|
|||
|
If merchants violate any of the above laws, you can report them to
|
|||
|
your state's or city's consumer protection office or attorney
|
|||
|
general. If they violate any rules of American Express, the company
|
|||
|
would like to know about it. Report violations of Visa or
|
|||
|
MasterCard rules to the bank that issued your card; if the sale was
|
|||
|
completed, and you can also send a letter with a copy of the charge
|
|||
|
slip to the Visa or MC address given earlier in this section.
|
|||
|
|
|||
|
Q412. Does my payment have to reach the lender by the "due date" on the
|
|||
|
bill, or is it enough if I just mail it by the due date?
|
|||
|
|
|||
|
That's a good question, and the answer varies. The Uniform Commer-
|
|||
|
cial Code says that a bill is considered paid on the postmark date
|
|||
|
of the payment, but many states have different laws. Even in states
|
|||
|
where the bill is considered legally paid on the postmark date, you
|
|||
|
may find that lenders will consider it paid on the date they process
|
|||
|
it.
|
|||
|
|
|||
|
My personal practice is to avoid hassles by always mailing payment a
|
|||
|
reasonable time before the due date. Even if I could push it
|
|||
|
legally, I don't believe the couple extra days of "float" is worth
|
|||
|
the aggravation of fighting with the lender over this point.
|
|||
|
|
|||
|
Q413. I have a checking or savings account at the same bank as my Visa
|
|||
|
or MasterCard. Can the bank freeze my account or take money from
|
|||
|
it if I miss a payment on my credit card bill?
|
|||
|
|
|||
|
Probably yes. You should check your cardholder agreement. The
|
|||
|
typical agreement gives the bank the right to take the money in any
|
|||
|
of your accounts with them if you are delinquent on your bill. Even
|
|||
|
if there's not such a provision in your cardholder agreement, it's
|
|||
|
probably buried somewhere in the fine print that governs your
|
|||
|
deposit account.
|
|||
|
|
|||
|
However, the Fair Credit Billing Act does not let them take any
|
|||
|
collection action at all if you have properly notified them of a
|
|||
|
dispute; see section 5, "Billing errors and overcharges."
|
|||
|
|
|||
|
|
|||
|
section 5. Billing errors and overcharges
|
|||
|
=========================================
|
|||
|
|
|||
|
The U.S. Fair Credit Billing Act governs credit billing, and gives savvy
|
|||
|
consumers a lot of leverage when they are treated unfairly.
|
|||
|
|
|||
|
Q501. What kind of problems am I protected against?
|
|||
|
|
|||
|
The Fair Credit Billing Act protects you from honest errors and
|
|||
|
outright fraud by merchants when you make the purchase through a
|
|||
|
bank credit card. These include
|
|||
|
|
|||
|
- billing errors
|
|||
|
- charges for goods ordered but never shipped
|
|||
|
- charges higher than agreed
|
|||
|
- charges for goods not shipped as ordered
|
|||
|
- charges for products that don't work as represented
|
|||
|
- charges for unsatisfactory services
|
|||
|
|
|||
|
and similar kinds of problems.
|
|||
|
|
|||
|
Q502. There's an error on my bill. What should I do?
|
|||
|
|
|||
|
The instructions are printed on your bill, probably on the back.
|
|||
|
Just follow them. The rules are simple: if you report a problem in
|
|||
|
writing within 60 days of the billing date, the bank must
|
|||
|
investigate it and respond to you within 30 days. While they are
|
|||
|
investigating, you don't have to pay the disputed amount or any
|
|||
|
finance charges on it. If their investigation shows the item was
|
|||
|
correct, they can restore finance charges retroactively and you will
|
|||
|
have to pay them.
|
|||
|
|
|||
|
The address to write to is on the bill. Look for a heading like "In
|
|||
|
case of error" or "Send inquiries to."
|
|||
|
|
|||
|
Some banks try to resolve problems over the phone; others insist
|
|||
|
that you write a letter. If you decide to call before writing, make
|
|||
|
sure you note the date and time of the call, whom you talked to, and
|
|||
|
what s/he promised to do (if anything). Then send a letter to the
|
|||
|
"Send inquiries to" address mentioning this information. (Your
|
|||
|
letter should make clear that you are confirming a telephone
|
|||
|
conversation, so that the bank doesn't try twice to resolve the same
|
|||
|
problem.)
|
|||
|
|
|||
|
If you resolve a problem by phone, but the bank doesn't follow
|
|||
|
through, the confirming letter that you sent will preserve your
|
|||
|
rights.
|
|||
|
|
|||
|
Q503. I got ripped off by the merchant. What should I do?
|
|||
|
|
|||
|
This is any situation listed at the beginning of this section,
|
|||
|
except billing errors. Fortunately, the U.S. Fair Credit Billing
|
|||
|
Act gives you strong protection if you used a credit card. Because
|
|||
|
this comes up so frequently, and people are understandably emotional
|
|||
|
when they think they've been cheated, I've divided up the answer
|
|||
|
into several pieces that follow.
|
|||
|
|
|||
|
The legal language is on the back of your bill, under "Special rule
|
|||
|
for credit card purchases."
|
|||
|
|
|||
|
Q504. Exactly which purchases qualify under the Fair Credit Billing Act?
|
|||
|
|
|||
|
You are protected if all of the following are true:
|
|||
|
|
|||
|
- The purchase was made with a credit card. (If it was a debit
|
|||
|
card, the money is already gone from your account and the bank
|
|||
|
won't get involved.)
|
|||
|
|
|||
|
- The amount charged is more than $50. (The amount in dispute could
|
|||
|
be less, for example if you bought a $90 lamp but were billed
|
|||
|
$100. The amount in dispute is $10.)
|
|||
|
|
|||
|
- You made the purchase somewhere in your home state, or within 100
|
|||
|
miles of your mailing address. (I am not an attorney, but my
|
|||
|
understanding is that if you are having goods shipped to you by
|
|||
|
mail or phone order, the place of purchase is the address you are
|
|||
|
having them shipped to.)
|
|||
|
|
|||
|
If some of the above are not true, you are still protected if the
|
|||
|
credit-card company owns or operates the merchant, or the credit-
|
|||
|
card company mailed you the advertisement for what you bought. In
|
|||
|
that case your purchase is covered by the rules no matter where you
|
|||
|
bought or how much you paid.
|
|||
|
|
|||
|
In addition, you MAY successfully protest charges outside of these
|
|||
|
parameters, but there is no legal requirement for the credit card
|
|||
|
company to do so.
|
|||
|
|
|||
|
Q505. Will the bank get involved right away?
|
|||
|
|
|||
|
No. Under the law, first you must try "in good faith" to resolve
|
|||
|
the problem directly with the seller.
|
|||
|
|
|||
|
Q506. What does resolving a problem "in good faith" mean?
|
|||
|
|
|||
|
"In good faith" is not defined in the law, but in practice it means
|
|||
|
that you act like a reasonable person and the merchant is expected
|
|||
|
to act reasonable too.
|
|||
|
|
|||
|
At a minimum you should talk to the merchant's customer service
|
|||
|
department and send a follow-up letter. You have to allow the
|
|||
|
merchant a reasonable time to respond. What's reasonable? Depends
|
|||
|
on circumstances. Enough time for mail to go both ways, plus a
|
|||
|
couple of working days.
|
|||
|
|
|||
|
"In good faith" also means that you act promptly. Don't wait three
|
|||
|
months after the charge shows up on your bill to complain that you
|
|||
|
never got what you ordered.
|
|||
|
|
|||
|
Back orders are a frequent problem. If the merchant tells you the
|
|||
|
stuff is back ordered, you have the right to cancel the order. (If
|
|||
|
it's mail order, they're supposed to give you a postage-paid reply
|
|||
|
card for this.) Then you can tell the merchant you don't want to
|
|||
|
wait and ask for the charge to be cancelled. This may not happen
|
|||
|
the same day, but it should be reasonably prompt. Wait a few days
|
|||
|
and call the bank to see if the credit has come through yet.
|
|||
|
|
|||
|
Q507. Any other hints for dealing with a problem merchant?
|
|||
|
|
|||
|
Most important, remember that the person you are talking to is
|
|||
|
probably not the person who caused the problem. Don't yell. (In a
|
|||
|
letter, don't use lots of capital letters and don't run on at great
|
|||
|
length.) Don't sound crazy or make threats.
|
|||
|
|
|||
|
Lots of good people work for bad companies. Lots work for good
|
|||
|
companies that make an occasional mistake. You may be lucky and
|
|||
|
deal with one of them. If your approach is "You dirty rotten
|
|||
|
so-and-so" you probably won't get anywhere. If your approach is
|
|||
|
"There's a problem here; can you help me?" you'll have a better
|
|||
|
chance.
|
|||
|
|
|||
|
Be prepared with specific information before you call. Have all the
|
|||
|
paper work in hand. Make sure you can give the date ordered, what
|
|||
|
you ordered (item number and price), when you were promised the
|
|||
|
items, your credit card number, how much you were charged. Be clear
|
|||
|
about exactly what you want. A refund? a replacement? shipment by
|
|||
|
a certain date? repairs? Most people (not all) respond best if you
|
|||
|
tell them clearly and calmly what you want and if you sound
|
|||
|
reasonable.
|
|||
|
|
|||
|
Q508. I tried in good faith, but the merchant won't budge. Can the bank
|
|||
|
help?
|
|||
|
|
|||
|
Yes, and in fact the law says the bank _must_ help. (The banks all
|
|||
|
know this, and most will be very helpful. Don't expect a fight.)
|
|||
|
|
|||
|
Write to the credit-card issuer and ask for a credit. (This is
|
|||
|
called a chargeback, but you don't need to use the word.) Use the
|
|||
|
same address as for billing errors--see "There's an error in my
|
|||
|
bill," earlier in this section. Make sure you give these important
|
|||
|
facts in the letter:
|
|||
|
|
|||
|
- date you are writing the letter
|
|||
|
|
|||
|
- your name and address, as they appear on the bill
|
|||
|
|
|||
|
- your account number, and the statement date on the bill
|
|||
|
|
|||
|
- Start with "I am writing about a problem with (company name).
|
|||
|
The transaction date was (mm/dd), the posting date was (mm/dd),
|
|||
|
and the transaction amount was $(amount)."
|
|||
|
|
|||
|
- Then explain, clearly and briefly, what's wrong.
|
|||
|
|
|||
|
- Next, state that you tried in good faith to resolve the problem
|
|||
|
directly with the merchant, but did not succeed. List dates you
|
|||
|
made phone calls and what was said by the merchant; enclose
|
|||
|
photocopies of your letters to the merchant and its response.
|
|||
|
(Don't overload the bank with this. You're showing that you acted
|
|||
|
in good faith; don't write a novel.)
|
|||
|
|
|||
|
Q509. What does the bank do when I ask for a chargeback?
|
|||
|
|
|||
|
The bank will credit your account and charge the amount back to the
|
|||
|
merchant. This must happen within one billing cycle, if you have
|
|||
|
done everything you were supposed to. If the merchant doesn't
|
|||
|
respond, the amount is gone from your bill forever.
|
|||
|
|
|||
|
If the merchant disputes the chargeback, the bank has to decide who
|
|||
|
is telling the truth. If you don't like the decision, you can go to
|
|||
|
court or pursue other remedies that are beyond the scope of these
|
|||
|
FAQs.
|
|||
|
|
|||
|
Q510. What happens to finance charges on the disputed amount?
|
|||
|
|
|||
|
You don't have to pay them while the bank is investigating.
|
|||
|
|
|||
|
When the bank credits your account, they are also supposed to credit
|
|||
|
your account with any finance charges that were assessed on the
|
|||
|
disputed amount before you wrote to them. They may or may not do
|
|||
|
this without further prompting from you.
|
|||
|
|
|||
|
Again, if the disputed charge is later found to be correct, you will
|
|||
|
have to pay finance charges on it.
|
|||
|
|
|||
|
Q511. What if I paid my bill in full before I noticed a problem?
|
|||
|
|
|||
|
Strictly speaking, the Fair Credit Billing Act says you may not have
|
|||
|
to pay "the remaining amount due." However, I and some other
|
|||
|
consumers have found that our banks aren't quite so picky.
|
|||
|
|
|||
|
My advice (and remember I am not a lawyer) is to follow the standard
|
|||
|
procedures for disputing a charge and simply not to bring up the
|
|||
|
issue of whether you've already paid part or all of it. Odds are,
|
|||
|
your bank won't raise that issue either.
|
|||
|
|
|||
|
However... It's best to examine bills carefully before you pay
|
|||
|
them. If you question a charge on the 58th day, a month or more
|
|||
|
after you've already paid it, the bank is entitled to wonder if
|
|||
|
you're really acting "in good faith" as the law requires.
|
|||
|
|
|||
|
Q512. How do I avoid problems with unauthorized charges?
|
|||
|
|
|||
|
From the Wall Street Journal, Friday, July 17, page C1
|
|||
|
|
|||
|
"If you find that someone else has used your credit card number,
|
|||
|
write to the card issuer and specify that an "unauthorized charge"
|
|||
|
was made. If you don't use those words, the issuer will most likely
|
|||
|
treat the incident as a "billing error," says Ms. Butler of Bankcard
|
|||
|
Holders.
|
|||
|
|
|||
|
There's a big difference. While a billing error must be reported
|
|||
|
within 60 days, there are no time limits for reporting unauthorized
|
|||
|
charges. Most people don't get this straight: in fact, a brochure
|
|||
|
prepared by the Federal Trade Commission and a pamphlet prepared by
|
|||
|
American Express incorrectly say that cardholders should report
|
|||
|
unauthorized transactions as billing errors--and that they have only
|
|||
|
60 days to do so. A spokeswoman for American Express says its
|
|||
|
information came from the FTC; a lawyer for the FTC says the agency
|
|||
|
is now aware of the mistake.
|
|||
|
|
|||
|
The most a cardholder will be liable for if someone used their card
|
|||
|
is $50, the FTC lawyer says; if the card is not used in the
|
|||
|
transaction, the cardholder won't have to pay any of it."
|
|||
|
|
|||
|
|
|||
|
I believe that last bit, about "if the card is not used," refers
|
|||
|
to people who find your number somewhere and place orders over the
|
|||
|
phone, where they give the number but don't have the actual card.]
|
|||
|
|
|||
|
The article also has a useful sidebar (is that the word?) called
|
|||
|
"Preventing Crooks from Getting Your Numbers":
|
|||
|
|
|||
|
"When traveling:
|
|||
|
"-- Ask for carbons of car rental agreement, and destroy. Don't
|
|||
|
leave rental agreement in car where thieves can get it.
|
|||
|
"-- Shred travel itineraries and ticket receipts issued by
|
|||
|
airlines and travel agents.
|
|||
|
"When at shops and restaurants:
|
|||
|
"-- Refuse to write address and phone number on credit slips, or
|
|||
|
credit card account numbers on checks.
|
|||
|
"-- Don't let clerk write your driver's license number on your
|
|||
|
check if it's the same as your Social Security number.
|
|||
|
"When using a calling card:
|
|||
|
"-- Don't use a personal identification number, or PIN, that's
|
|||
|
obvious, such as a birth date, work extension, or consecutive
|
|||
|
numbers.
|
|||
|
"-- Cover the phone with your body to prevent anyone from seeing
|
|||
|
what you dial; if you must tell an operator your account
|
|||
|
number, assume people are eavesdropping.
|
|||
|
"When at home:
|
|||
|
"-- Destroy all pre-approved credit card applications; when
|
|||
|
cleaning files, shred old statements, pay stubs, and checks.
|
|||
|
"-- Don't give card numbers to callers who say you've won a prize.
|
|||
|
"-- If monthly statement doesn't arrive on time, call the issuer
|
|||
|
immediately."
|
|||
|
|
|||
|
|
|||
|
section 6. Miscellaneous credit-card stuff
|
|||
|
==========================================
|
|||
|
|
|||
|
Q601. What do the digits in my credit-card number mean?
|
|||
|
|
|||
|
ANSI Standard X4.13-1983 answers this question for most national
|
|||
|
systems. (Phone, gas, and department-store cards have their own
|
|||
|
numbering schemes.) I have not read ANSI X4.13, but a correspondent
|
|||
|
was kind enough to provide excerpts, which follow.
|
|||
|
|
|||
|
The first digit is the system: 3=T&E cards, 4=Visa, 5=MasterCard,
|
|||
|
6=Discover. The structure of the card number varies by system:
|
|||
|
|
|||
|
- American Express starts with 37; Carte Blanche and Diners Club
|
|||
|
with 38. For Amex, digits 3-4 are type and currency, digits 5-11
|
|||
|
are account number, digits 12-14 are card number within account,
|
|||
|
and digit 15 is a check digit.
|
|||
|
|
|||
|
- Visa: digits 2-6 are the bank number; digits 7-12 or 7-15 are the
|
|||
|
account number, and digit 13 or 16 is a check digit.
|
|||
|
|
|||
|
- MasterCard: digits 2-3, 2-4, 2-5, or 2-6 are the bank number,
|
|||
|
depending on whether digit 2 is a 1, 2, 3, or something else. The
|
|||
|
digits after the bank number up through digit 15 are the account
|
|||
|
number, and digit 16 is a check digit.
|
|||
|
|
|||
|
Q602. I lost my credit card, or it was stolen. What should I do?
|
|||
|
|
|||
|
Call the issuer right away. Somewhere in the papers that came with
|
|||
|
the card is an 800 number to call. If you can't find those papers,
|
|||
|
look on a current bill and call the "inquiries" number there. If
|
|||
|
you can't find a current bill, look up the bank's number in the
|
|||
|
phone book (or call Information) and they'll direct you how to make
|
|||
|
a report.
|
|||
|
|
|||
|
The important thing is to move fast. Once you have reported the
|
|||
|
card lost or stolen, you are not liable for any further charges on
|
|||
|
the account.
|
|||
|
|
|||
|
Q603. What is the 800 number for customer service?
|
|||
|
|
|||
|
For Discover, it's (800) 347-2683, a/k/a 800-DISCOVEr.
|
|||
|
|
|||
|
For American Express, it's (800) 528-4800 for green card, or for
|
|||
|
gold card (800) 327-2177.
|
|||
|
|
|||
|
For Visa and MasterCard, each issuing bank handles service of its
|
|||
|
own customers. First check the obvious: the number may be printed
|
|||
|
somewhere in your bill, or on a page in the packet of stuff the card
|
|||
|
company sent you when you enrolled. Or, if it's a local bank, check
|
|||
|
the white pages of your phone book. If the bank is not local, try
|
|||
|
(800) 555-1212 (it's free) to find if the bank maintains an 800
|
|||
|
number; many do. Alternatively, larger public libraries have
|
|||
|
banking directories and can probably give you the information at the
|
|||
|
reference desk or by phone.
|
|||
|
|
|||
|
Q604. Why was I turned down for a credit card?
|
|||
|
|
|||
|
See sections 7, 8, and 9 in part 3 of this list, which deal with
|
|||
|
your credit history, credit reports, and credit bureaus.
|
|||
|
|
|||
|
Q605. Should I give my credit-card number over the phone?
|
|||
|
|
|||
|
One big question is: did you call them or did they call you? You
|
|||
|
should never give your credit-card number to anyone who calls you.
|
|||
|
Such a call is almost certainly a scam. This is true even if
|
|||
|
(especially if) the caller claims to be from your card issuer.
|
|||
|
Anyone from the issuer who legitimately has your phone number also
|
|||
|
has the rest of your records, including your card number.
|
|||
|
|
|||
|
If you're making a call in response to a postcard from some company
|
|||
|
you never heard of, be very wary. There have been a lot of frauds
|
|||
|
reported where the victim gave a credit-card number and found lots
|
|||
|
of unauthorized charges on the next month's bill. I'm sure that
|
|||
|
some of these "you've won a free trip, just give us your card number
|
|||
|
for the $149 processing fee" offers are legitimate: but how can you
|
|||
|
tell over the phone?
|
|||
|
|
|||
|
Of course, if you're calling an established mail-order company,
|
|||
|
giving them your card number is as safe as anything is these days!
|
|||
|
|
|||
|
Q606. What may creditors do? Fair Debt Collection Act.
|
|||
|
|
|||
|
Credit-card debt, like any other debt, does not give your creditors
|
|||
|
license to harass you. There is a Federal law, the Fair Debt
|
|||
|
Collection Practices Act; your state may afford you additional legal
|
|||
|
protections. The U.S. Fair Debt Collection Practices Act forbids
|
|||
|
these collection actions, among others:
|
|||
|
|
|||
|
o The use or threat of use of violence or other criminal means to
|
|||
|
harm the physical person, reputation or property of any person.
|
|||
|
|
|||
|
o The use of obscene or profane language or language the natural
|
|||
|
consequence of which is to abuse the hearer or reader.
|
|||
|
|
|||
|
o Causing a telephone to ring or engaging any person in telephone
|
|||
|
conversation repeatedly or continuously with intent to annoy,
|
|||
|
abuse, or harass any person at the called number.
|
|||
|
|
|||
|
o The false representation or implication that the debt collector
|
|||
|
is vouched for, bonded by, or affiliated with the United States
|
|||
|
or any State, including the use of any badge, uniform, or
|
|||
|
facsimile thereof.
|
|||
|
|
|||
|
o The false representation or implication that any individual is
|
|||
|
an attorney or that any communication is from an attorney.
|
|||
|
|
|||
|
o The representation or implication that nonpayment of any debt
|
|||
|
will result in the arrest or imprisonment of any person or the
|
|||
|
seizure, garnishment, attachment or sale of any property or
|
|||
|
wages of any person, when such action is unlawful or the debt
|
|||
|
collector does not intend to take such action.
|
|||
|
|
|||
|
o The false representation or implication that the consumer
|
|||
|
committed any crime or other personal conduct, in order to
|
|||
|
disgrace the consumer.
|
|||
|
|
|||
|
o Communicating or threatening to communicate to any person credit
|
|||
|
information which is known or which should be known to be false,
|
|||
|
including the failure to communicate that a disputed debt is
|
|||
|
disputed.
|
|||
|
|
|||
|
o The use or distribution of any written communication which
|
|||
|
simulates or is falsely represented to be a document authorized,
|
|||
|
issued, or approved by any court, official, or agency of the
|
|||
|
United States or any State, or which creates a false impression
|
|||
|
as to its source, authorization, or approval.
|
|||
|
|
|||
|
o The false representation or implication that accounts have been
|
|||
|
turned over to innocent purchasers for value.
|
|||
|
|
|||
|
o The false representation or implication that documents are legal
|
|||
|
process.
|
|||
|
|
|||
|
o The false representation or implication that documents are *not*
|
|||
|
legal process forms or do not require action by the consumer.
|
|||
|
|
|||
|
o Communication with debtor at unusual or known-inconvient time or
|
|||
|
place.
|
|||
|
|
|||
|
o Communication with third parties without debtor consent.
|
|||
|
|
|||
|
o False or Misleading Representations including
|
|||
|
|
|||
|
+ The threat to take any action that cannot legally be taken
|
|||
|
or that is not intended to be taken.
|
|||
|
|
|||
|
+ Communication or threatening to communicate to any person credit
|
|||
|
information which is known or which should be known to be false,
|
|||
|
including the failure to communicate that a disputed debt is
|
|||
|
disputed.
|
|||
|
|
|||
|
+ The use or distribution of any written communication which
|
|||
|
simulates or is falsesly represented to be a document
|
|||
|
authorized, issued, or approved by any court, official, or
|
|||
|
agency of the United States or any State, or which creates
|
|||
|
a false impression as to its source, authorization, or
|
|||
|
approval.
|
|||
|
|
|||
|
The FRB puts out a free pamphlet titled {The Fair Debt Collection
|
|||
|
Practices Act}. For a copy, call (215) 574-6115 or write to Federal
|
|||
|
Reserve Bank of Philadelphia, Public Information/Publications, P O
|
|||
|
Box 66, Philadelphia PA 19105-0066. See part 1 of this FAQ list to
|
|||
|
obtain a catalog of FRB publications.
|
|||
|
|
|||
|
|
|||
|
section 7. Credit bureaus and your credit rating
|
|||
|
=================================================
|
|||
|
The U.S. Fair Credit Reporting Act of 1971 governs credit bureaus.
|
|||
|
Alas, consumer protections are not as strong in credit reporting as in
|
|||
|
credit billing (part 2 of 3 in this FAQ list).
|
|||
|
|
|||
|
Q701. What is "the credit bureau"?
|
|||
|
|
|||
|
There are three big ones: TRW, Equifax, and Trans Union, all with
|
|||
|
national databases. Most credit grantors report to one or more of
|
|||
|
them. In general, the credit bureaus don't pass information back
|
|||
|
and forth to each other. So actually you have three credit
|
|||
|
histories, not one.
|
|||
|
|
|||
|
There are also local credit bureaus and reporting agencies. They're
|
|||
|
nowhere near as widespread as the big three. However, they are also
|
|||
|
subject to the Fair Credit Reporting Act, so anything said here will
|
|||
|
apply to them too.
|
|||
|
|
|||
|
A brochure titled "Understanding Credit Bureaus," outlining all the
|
|||
|
basics and your rights, is available for $1 [check or money order]
|
|||
|
from Bankcard Holders of America, 560 Herndon Pkwy, Suite 120, Herndon,
|
|||
|
VA, 22070.
|
|||
|
|
|||
|
Q702. Who assigns my credit rating?
|
|||
|
|
|||
|
You don't have a credit rating, as such. Each credit bureau
|
|||
|
collects information from banks, finance companies, department
|
|||
|
stores, taxing authorities, landlords, and other "credit grantors"
|
|||
|
and keeps the information in your file. The file is supposed to be
|
|||
|
an objective record of your credit history, in essence a sorted copy
|
|||
|
of information furnished to the credit bureau by companies you have
|
|||
|
done business with on credit.
|
|||
|
|
|||
|
The credit history shows your name, address, Social Security number
|
|||
|
and birth date; your open accounts, with balances and credit limits;
|
|||
|
whether you pay them on time or not; whether any of them are or were
|
|||
|
turned over for collection; any suits, judgments, or tax liens; and
|
|||
|
so on. It may also include, according to {Your Credit Rating}, your
|
|||
|
employer, position, and income; your former address and former
|
|||
|
employer; your spouse's name, SSN, employer, and income; and whether
|
|||
|
you rent or own your home.
|
|||
|
|
|||
|
That's the official story. However, according to the November 1991
|
|||
|
{Consumer Reports}, the attorney general of New York State has
|
|||
|
charged that TRW maintains a secret numerical scale of (TRW's
|
|||
|
opinion of) each consumer's credit worthiness. (I can verify this
|
|||
|
because a person who is very close to me and whom I trust completely,
|
|||
|
has confirmed it to be true, upon guarantee of anonimity.) Credit
|
|||
|
grantors who pay extra (which is 30% of them) see that score besides
|
|||
|
the factual information. Consumers are not told their scores, according
|
|||
|
to a TRW spokeswoman, "because it wouldn't mean anything to the
|
|||
|
consumer." The scale, according to my source, is on a 1 to 1000
|
|||
|
rating, where the number represents the pro-mille chance of default.
|
|||
|
Seems understandable to me.
|
|||
|
|
|||
|
Latest reports have TRW dropping this rating, but I have not been able
|
|||
|
to confirm this with my previous source.
|
|||
|
|
|||
|
Q703. How long does it take for an event (positive or negative) to show
|
|||
|
up on my credit report?
|
|||
|
|
|||
|
Suppose you've just paid off a large loan and you're applying for a
|
|||
|
car loan or a mortgage. It would be nice to know that the lender
|
|||
|
who pulls your report will see that the old loan paid was off okay.
|
|||
|
|
|||
|
However: Credit grantors' contracts with credit bureaus may or may
|
|||
|
not specify a timetable for grantors to report new information to
|
|||
|
the bureau. If the credit grantors are tardy there's not much the
|
|||
|
credit bureau can or will do, since those same credit grantors are
|
|||
|
also the customers of the credit bureau. Also, credit bureaus may
|
|||
|
gather information directly from public records, on any schedule
|
|||
|
they please.
|
|||
|
|
|||
|
The answer to this Q, as a practical matter, is that there's no time
|
|||
|
limit that you can enforce for information to show up. In fact, you
|
|||
|
don't have a legal right to insist on any report being made at all.
|
|||
|
(You can get false items corrected, but you can't legally insist on
|
|||
|
omitted information being added.) If you've actually paid off a debt
|
|||
|
that is reported as still unpaid, about all you can do is go through
|
|||
|
the procedure in section 9, "Fixing your credit report," for
|
|||
|
challenging incorrect information.
|
|||
|
|
|||
|
Note that you can certainly provide the credit grantor with documents
|
|||
|
that show the loan was repaid. I did this at the time of my mortgage
|
|||
|
with two accounts that showed as 'open.'
|
|||
|
|
|||
|
Q704. How does a lender decide whether to grant a loan?
|
|||
|
|
|||
|
When you apply for a mortgage, credit card, or other loans, the fine
|
|||
|
print on the application gives the lender permission to check your
|
|||
|
credit history. The lender usually requests a credit report from
|
|||
|
one of the big three credit bureaus. The bureaus supposedly just
|
|||
|
report the raw data and don't assign you any kind of "credit
|
|||
|
rating." The lender looks at the report and decides whether to grant
|
|||
|
you the credit you are asking for.
|
|||
|
|
|||
|
In general, lenders look at your total outstanding loans (e.g., your
|
|||
|
credit card balances). They also look at your credit limits to see
|
|||
|
how far in debt you could go if you max out with your existing
|
|||
|
accounts. Naturally, they are concerned with your record of
|
|||
|
delinquencies, accounts paid satisfactorily, and anything else that
|
|||
|
suggests how good a credit risk you might be.
|
|||
|
|
|||
|
Where do the credit bureaus get the information on your credit
|
|||
|
report? Much of it is reported to them by lenders. Bureaus may
|
|||
|
also copy bankruptcies, judgments, repossessions, and delinquent taxes
|
|||
|
from public records.
|
|||
|
|
|||
|
See also "Should I apply," below, the last paragraph of "Who assigns
|
|||
|
my credit rating?" above, and "What are 'inquiries' on my credit
|
|||
|
report" in section 8, "Getting and reading your credit report."
|
|||
|
|
|||
|
Q705. Should I apply for as many credit cards and charge accounts as
|
|||
|
possible, even if I won't use most of them right away?
|
|||
|
|
|||
|
This may create a problem -- actually, two problems.
|
|||
|
|
|||
|
Many lenders look at your total credit limit on each account to
|
|||
|
determine whether they want to give you additional credit. If you
|
|||
|
have ten Visa cards with a $5000 limit on each, and five have a zero
|
|||
|
balance and the other five have $100 each, your actual debt is $500.
|
|||
|
Some lenders may evaluate you on the basis of $50,000 of debt
|
|||
|
because you could go out tomorrow and charge that much.
|
|||
|
|
|||
|
Merely applying for many accounts can also create a problem; see
|
|||
|
"What are 'inquiries' on my credit report" in section 8, "Getting
|
|||
|
and reading your credit report."
|
|||
|
|
|||
|
Q706. I was refused a loan or credit card. What can I do?
|
|||
|
|
|||
|
If the lender's decision was based on a report from a credit bureau,
|
|||
|
by law the lender must tell you this and give you the name and
|
|||
|
address of the credit bureau. This is true even if the credit
|
|||
|
report was only one factor in the decision.
|
|||
|
|
|||
|
Write to the credit bureau. State that you were denied credit,
|
|||
|
insurance, or employment by (name) on (date) based on a report from
|
|||
|
them, and you want a copy of your report. By law the credit bureau
|
|||
|
must give you a free copy if you request it within 30 days after you
|
|||
|
were turned down based on a report from that credit bureau. (It
|
|||
|
doesn't matter whether you have already received other free reports.)
|
|||
|
Also, free reports are available under certain circumstances at certain
|
|||
|
intervals from some of the credit bureau. For example, TRW offers
|
|||
|
one free copy per year.
|
|||
|
|
|||
|
If you provide some extra information with your request, you may get
|
|||
|
a more extensive report: other forms of name you have used (such as
|
|||
|
maiden name and Jr.); current and previous addresses for the past
|
|||
|
five years; Social Security number.
|
|||
|
|
|||
|
For what to do next, please see sections 8, "Getting and reading
|
|||
|
your credit report," and 9, "Fixing your credit report."
|
|||
|
|
|||
|
Q707. One lender refused my loan, but another one said it was fine. How
|
|||
|
can this be?
|
|||
|
|
|||
|
There are two possible reasons. First, they may have been looking
|
|||
|
at reports from two different credit bureaus. A lender where you
|
|||
|
had a problem might have sent a report to one of those credit
|
|||
|
bureaus but not the other. Second, lenders have different criteria.
|
|||
|
Even when looking at the same report, they might reach different
|
|||
|
decisions.
|
|||
|
|
|||
|
Q708. I'm planning to apply for a loan, and I'd like to know up front
|
|||
|
that my credit is clean. What can I do?
|
|||
|
|
|||
|
If you can, find out in advance which credit bureau your lender will
|
|||
|
be using. Then you can order just that one bureau's report rather
|
|||
|
than buying all three of them.
|
|||
|
|
|||
|
Please see section 8, "Getting and reading your credit report," for
|
|||
|
further information.
|
|||
|
|
|||
|
Q709. How long do negative items stay on my report?
|
|||
|
|
|||
|
Personal bankruptcies (ie Chapter 7) may be reported for ten years;
|
|||
|
most other kinds of information for seven years. But there's a huge
|
|||
|
loophole: the time limits don't apply when you're applying for life
|
|||
|
insurance or credit of $50,000 or more, or when you're being
|
|||
|
investigated by a prospective employer for a job paying $20,000 a year
|
|||
|
or more. (Yes, twenty thousand.) Source: {Your Credit Rating},
|
|||
|
rev 1/87.
|
|||
|
|
|||
|
|
|||
|
section 8. Getting and reading your credit report
|
|||
|
=================================================
|
|||
|
|
|||
|
Q801. How much does my credit report cost?
|
|||
|
|
|||
|
There are no Federal laws limiting the price, though some state laws
|
|||
|
do. As of August 1992, Equifax was charging an average of $8,
|
|||
|
depending on state of residence. Trans Union was charging an average
|
|||
|
of $15.00, using the same criteria. TRW, after the first free report,
|
|||
|
was charging and average of $7.50.
|
|||
|
[As reported in the Chicago Tribune, August 6, 1992, Sec 3, Page 3]
|
|||
|
|
|||
|
Sometimes you can get your report for free. See the next Q.
|
|||
|
|
|||
|
Q802. Can I get a free copy of my own credit report?
|
|||
|
|
|||
|
You can get a free copy of a report if the lender used that report
|
|||
|
to help decide to turn you down for credit, employment, or insurance
|
|||
|
within the last 30 days. See "I was refused a loan" in section 7,
|
|||
|
"Credit bureaus and your credit rating." To its credit, TRW extends
|
|||
|
that period to 60 days. Equifax and TRW will accept phone requests
|
|||
|
in this case only; see "Can I phone in my request," below.
|
|||
|
|
|||
|
If you haven't recently been turned down, the answer is less clear:
|
|||
|
|
|||
|
- TRW will provide one complimentary report per year. This is the
|
|||
|
result of a consent decree that settled lawsuits by 14 states.
|
|||
|
|
|||
|
- Equifax and Trans Union are not under any legal obligation to
|
|||
|
provide free routine reports to consumers, but it appears they may
|
|||
|
be doing it anyway. If they do ask for a fee, you have no legal
|
|||
|
complaint.
|
|||
|
|
|||
|
Anecdotal evidence suggests that both Equifax and Trans Union
|
|||
|
will provide free reports, but this is not always the case.
|
|||
|
From evidence received from email correspondants and personal
|
|||
|
attempts, sometimes it works, sometimes it doesn't. You can send
|
|||
|
a request with your address and SSN to all three bureaus with the
|
|||
|
request "Please send me a copy of my credit report" -- no money, no
|
|||
|
statement of having been denied credit, and see what happens.
|
|||
|
|
|||
|
Q803. Can I phone in my request?
|
|||
|
|
|||
|
Here is current status as of 2 May 1992:
|
|||
|
|
|||
|
- Equifax: call (800) 685-1111. This voice mail system will take
|
|||
|
your request if you were denied credit, employment, or insurance
|
|||
|
within the last 30 days based on an Equifax report. Otherwise, it
|
|||
|
will quote a price and tell you how to write for a copy of your
|
|||
|
report.
|
|||
|
|
|||
|
- Trans Union: There is a national phone number for people who have
|
|||
|
been denied credit in the last 60 days to request a copy of their
|
|||
|
Trans Union file. (313) 689-3888 gets you a 24-hour voice mail
|
|||
|
system which asks several questions. According to the recording,
|
|||
|
the report is mailed in 72 hours (normal U.S. mail so allow 5-7 days).
|
|||
|
|
|||
|
- TRW: call (800) 392-1122. This voice mail system talks to you in
|
|||
|
Spanish or English. It will let you record your request if you
|
|||
|
were turned down for credit, employment, or insurance within the
|
|||
|
last 30 days based on a TRW report. Otherwise, it will quote a
|
|||
|
price and tell you how to write for a copy of your report.
|
|||
|
|
|||
|
Caution: if your phone request gets lost, you'll have to write
|
|||
|
anyway. If your letter is later than 30 days after you were denied
|
|||
|
credit, employment, or insurance, you might have to pay for the
|
|||
|
report. It would be a good idea to mention in your letter the date
|
|||
|
that you requested the report by phone.
|
|||
|
|
|||
|
Q804. Where do I mail my request for a credit report?
|
|||
|
|
|||
|
- Equifax Information Service Center, P O Box 740241, Atlanta GA
|
|||
|
30374-0241. FAX: (404) 612-2668. If you were denied credit,
|
|||
|
employment, or insurance within the last 30 days, you might get
|
|||
|
faster service by calling the voice mail menu; see "Can I phone in
|
|||
|
my request," above.
|
|||
|
|
|||
|
- Trans Union Customer Relations Center, 25249 Country Club Blvd,
|
|||
|
P.O.Box 7000, North Olmsted OH 44070.
|
|||
|
|
|||
|
- TRW, P O Box 2350, Chatsworth CA 91313-2350. If you were denied
|
|||
|
credit, employment, or insurance within the last 60 days, you
|
|||
|
might get faster service by calling the voice mail menu; see "Can
|
|||
|
I phone in my request," above.
|
|||
|
|
|||
|
Q805. What information should I provide when requesting a report?
|
|||
|
|
|||
|
If you have a letter denying you credit, employment, or insurance
|
|||
|
within the last 30 days, a copy of the letter should be enough for a
|
|||
|
report from the credit bureau that it names. If you're just
|
|||
|
requesting a routine copy, you can probably get it with just your
|
|||
|
name, address, and Social Security number. Either way, your report
|
|||
|
may be more complete if you also include your date of birth and
|
|||
|
previous address. (An email correspondent reported in late April
|
|||
|
1992 that he sent postcards with just his name, address, and Social
|
|||
|
Security number and got reports from Equifax and Trans Union.)
|
|||
|
|
|||
|
TRW, as part of its effort to create a "true partnership [with]
|
|||
|
consumers," according to a TRW memo published on Usenet by an
|
|||
|
employee, wants all the following information when you request a
|
|||
|
free routine report, and will refuse any requests that omit any all
|
|||
|
of it: "Full name of the consumer ... including middle initial and
|
|||
|
generation such as Jr., Sr., II, III, etc.; current address
|
|||
|
including ZIP code; previous addresses with ZIP codes for the past
|
|||
|
five years (if the consumer has moved); Social Security Number; year
|
|||
|
of birth; spouse's first name ...; [and] photocopy of a billing
|
|||
|
statement, utility bill, driver's license or other document that
|
|||
|
links the name of the consumer ... with the address the report
|
|||
|
should be mailed to."
|
|||
|
|
|||
|
And do remember to sign your request.
|
|||
|
|
|||
|
Q806. Help! What are all those codes on my credit report?
|
|||
|
|
|||
|
There should be a separate key or explanation mailed with the
|
|||
|
report. Sit down and spend some time to try to read it. If it
|
|||
|
still looks like Sanskrit, you might ask a trusted friend to go over
|
|||
|
it with you. Or someone in your personnel office at work, or the
|
|||
|
dean of students office at your school, or behind the railing at
|
|||
|
your bank, might be willing to help you. (It's not their job to do
|
|||
|
this, so remember that you're asking a favor. You may be charged a
|
|||
|
fee.)
|
|||
|
|
|||
|
Q807. What are "inquiries" on my credit report?
|
|||
|
|
|||
|
Whenever you or anyone else asks for a copy of your credit report,
|
|||
|
the request is supposed to be noted as part of your credit history.
|
|||
|
If you apply for lots of credit cards in a short time, this will
|
|||
|
produce a flurry of "inquiry" notes on your credit report. Lenders
|
|||
|
often turn this around and assume that a flurry of inquiries means
|
|||
|
you've recently applied for lots of credit, so they turn you down on
|
|||
|
that basis even though the inference is not strictly valid.
|
|||
|
|
|||
|
If a lender cites "excessive inquiries" as a reason for turning you
|
|||
|
down, this is what has happened. The lender has guidelines for how
|
|||
|
many inquiries in what period of time is too many. Unfortunately,
|
|||
|
you have no legal right to challenge this policy or even to know
|
|||
|
what the specific criteria may be.
|
|||
|
|
|||
|
Don't give your name or address to a merchant until you're actually
|
|||
|
ready to apply for credit there. Some merchants illegally run
|
|||
|
credit checks on you as soon as they have your name and address,
|
|||
|
even though you have not applied for credit, to give them an idea of
|
|||
|
what to sell you and how. (I'm told many car dealers do this.)
|
|||
|
|
|||
|
I don't know what legal recourse, if any, you have against
|
|||
|
unauthorized inquiries.
|
|||
|
|
|||
|
If lender A sees inquiries from B, C, and D but no new accounts, A
|
|||
|
may assume that B, C, and D turned you down for credit. Figuring
|
|||
|
"better safe than sorry," A may then turn you down just because it
|
|||
|
assumes B, C, and D turned you down. Again, this is a judgment call
|
|||
|
on the part of A, and you have no legal right to challenge it. If
|
|||
|
you have not applied for any credit recently but have been, say,
|
|||
|
looking at cars at several dealerships, you might want to let the
|
|||
|
lender know this in case it's taking unauthorized inquiries into
|
|||
|
account.
|
|||
|
|
|||
|
|
|||
|
section 9. Fixing your credit report
|
|||
|
====================================
|
|||
|
See the preceding two sections for general information about credit
|
|||
|
bureaus, credit reports, and your credit history.
|
|||
|
|
|||
|
Q901. I've got a copy of my credit report, and it's wrong. What now?
|
|||
|
|
|||
|
First, take a deep breath. The Federal Trade Commission says that
|
|||
|
inaccurate credit reports are the number-one source of consumer
|
|||
|
complaints, and that it is quite common for problems to take six
|
|||
|
months or more to be resolved. All of the big-three agenices
|
|||
|
are working on making sure that all disputes are handled within
|
|||
|
30 days.
|
|||
|
|
|||
|
Now look in the papers that came with the report. There should be
|
|||
|
some instructions for reporting errors. Follow them carefully.
|
|||
|
|
|||
|
If you have a letter from the credit grantor saying that the
|
|||
|
information in the report is wrong, it may or may not do any good to
|
|||
|
send it in with your letter. See the next Q.
|
|||
|
|
|||
|
Make copies of what you are sending out. Be sure to note the date
|
|||
|
you sent the corrections.
|
|||
|
|
|||
|
Q902. What exactly will the credit bureau do with my correction?
|
|||
|
|
|||
|
Normally, they send a message to the credit grantor that originally
|
|||
|
reported the item to ask if it's correct. (However, see the
|
|||
|
preceding Q for an exception.) If the credit grantor says the
|
|||
|
information is wrong, the credit bureau corrects it. If the credit
|
|||
|
grantor doesn't respond, the credit bureau may delete the item. If
|
|||
|
the credit grantor says the item is correct, the bureau will tell
|
|||
|
you.
|
|||
|
|
|||
|
There is currently no Federal law setting deadlines for the credit
|
|||
|
bureau to respond to you. However, in the consent decree filed 10
|
|||
|
Dec 1991, TRW promised to "verify, delete, or modify any disputed
|
|||
|
information in a credit report within 30 days after it receives a
|
|||
|
complaint."
|
|||
|
|
|||
|
There is also currently no way to be sure that a wrong item, once
|
|||
|
deleted, won't reappear later. (In the consent decree of 10 Dec
|
|||
|
1991, TRW promised to change its software so that erroneous items
|
|||
|
won't come back in subsequent reports.)
|
|||
|
|
|||
|
Q903. My credit report shows adverse information, but I have a letter
|
|||
|
from the lender saying that information is false. Can I submit
|
|||
|
this letter to the credit bureau?
|
|||
|
|
|||
|
The answer is "yes" for TRW and "probably not" for Equifax and Trans
|
|||
|
Union.
|
|||
|
|
|||
|
Industry practice has been that if you dispute an item, the credit
|
|||
|
bureau ignores any documentation you send. Instead the bureau
|
|||
|
simply asks the credit grantor for a verification (see preceding Q).
|
|||
|
|
|||
|
However, in the consent decree entered 10 Dec 1991, TRW promised it
|
|||
|
will accept "authentic proof of an error (such as a bill or a letter
|
|||
|
from a creditor)" when submitted by consumers. I don't know whether
|
|||
|
TRW is actually doing this.
|
|||
|
|
|||
|
Q904. The credit bureau ignored my correction -- or it says an item is
|
|||
|
right but I can prove it's wrong. What can I do?
|
|||
|
|
|||
|
There are several possibilities.
|
|||
|
|
|||
|
First, you have the right to send the credit bureau a statement of
|
|||
|
up to 100 words about the disputed item. The bureau is required by
|
|||
|
law to include that statement in your report with the item. When
|
|||
|
you apply for a loan, the lender will see that statement and can
|
|||
|
take it into account.
|
|||
|
|
|||
|
Second, you can complain to the Federal Trade Commission. The FTC
|
|||
|
is the U.S. government agency that oversees enforcement of the Fair
|
|||
|
Credit Reporting Act. If the credit bureau is clearly behaving
|
|||
|
unreasonably, you can file a complaint with the FTC and they will
|
|||
|
write to the credit bureau requesting an explanation. (The previous
|
|||
|
editor actually did this with a wrong item on his credit report. He
|
|||
|
had sent the bureau a copy of a letter from the reporting bank saying
|
|||
|
that the item was wrong, but the bureau did not respond until after
|
|||
|
they got a letter from the FTC.)
|
|||
|
|
|||
|
Third, you can complain to your state government. The consumer
|
|||
|
protection division or attorney general's office is a good starting
|
|||
|
point. As noted various places in these FAQs, TRW settled lawsuits
|
|||
|
by fourteen state attorneys general with a consent decree filed on
|
|||
|
10 Dec 1991. Thus state governments may be especially interested in
|
|||
|
hearing if TRW breaks the rules. Also, Equifax and Trans Union are
|
|||
|
the next logical targets for state governments and the FTC. A Texas
|
|||
|
assistant attorney general already announced this (December 1991).
|
|||
|
|
|||
|
Fourth, you can sue for libel or defamation of character. (source:
|
|||
|
FTC staff attorney, personal letter) Obviously this is a last
|
|||
|
resort and will involve your paying attorney's fees. However,
|
|||
|
according to {Your Credit Rating}, if you sue a credit agency or
|
|||
|
user of credit information who willfully or negligently violates the
|
|||
|
Fair Credit Reporting Act, you may be awarded actual damages, court
|
|||
|
costs, and attorney's fees, plus punitive damages if the
|
|||
|
noncompliance was willful.
|
|||
|
|
|||
|
Q905. My credit report shows transactions from other people with the
|
|||
|
same name or similar names. How can I get it cleaned up?
|
|||
|
|
|||
|
See the preceding Q's in this section. You may also have to go back
|
|||
|
to the original lenders that reported the information and try to get
|
|||
|
them to correct their records.
|
|||
|
|
|||
|
In the consent decree filed 10 Dec 1991, TRW promised to change its
|
|||
|
software by 31 July 1992 "to minimize cases where one consumer's
|
|||
|
files are mixed with another's."
|
|||
|
|
|||
|
Q906. My spouse and I had joint credit accounts, and s/he ran up a lot
|
|||
|
of debts. Now we're divorced, and I want my ex's debts off my
|
|||
|
report.
|
|||
|
|
|||
|
Sorry. If an account is in two names, both are responsible for
|
|||
|
paying the bills on time. Unless the report is actually in error,
|
|||
|
there's not much you can do as a matter of legal right.
|
|||
|
|
|||
|
However, you may be able to persuade lenders to give you credit.
|
|||
|
Can you show that your record was clean before your marriage, that
|
|||
|
it was your spouse who ran up the debts, and that you've arranged
|
|||
|
with your creditors to pay them off over time? It's probably best
|
|||
|
to visit credit managers in person, and dress like a solid citizen.
|
|||
|
If all else fails, you should still be able to get a secured credit
|
|||
|
card; see section 3, "Lists of good cards," in part 2 of this list.
|
|||
|
By establishing a good record with the secured card, you may
|
|||
|
gradually get other lenders to believe in you again.
|
|||
|
|
|||
|
Q907. I got in trouble and ran up a lot of debts I couldn't pay, and now
|
|||
|
my credit report looks awful. How can I get credit?
|
|||
|
|
|||
|
Well, lenders grant credit based on how likely they think you are to
|
|||
|
pay off your new debts. If you have existing debts that are
|
|||
|
delinquent, you're not really a good risk. The best way to become a
|
|||
|
good risk is to clear off your old debts. There are several things
|
|||
|
you can do.
|
|||
|
|
|||
|
Many cities have consumer credit counseling agencies that will help
|
|||
|
you develop a plan to pay off all your debts. (Usually these are
|
|||
|
free, run by the government or by public-interest groups. They are
|
|||
|
not the same as "loan consolidation services" that are actually
|
|||
|
for-profit finance companies.) Most will suggest that you cut up
|
|||
|
all your credit cards and not take on any new debt. They may help
|
|||
|
you negotiate with your creditors to work out a payment plan that
|
|||
|
you can meet, or they may coach you on how to talk to your creditors
|
|||
|
directly. Most lenders would rather get something than nothing. If
|
|||
|
you seem to be honestly trying to pay what you owe and if you have
|
|||
|
communicated with them, they may be willing to be patient rather
|
|||
|
than turn your account over for collection.
|
|||
|
|
|||
|
If your circumstances have changed abruptly -- lost your job, major
|
|||
|
health problems for yourself or your family, etc. -- it's best to
|
|||
|
visit your creditors before your accounts are past due. Explain the
|
|||
|
situation directly, let them know that you do intend to pay the
|
|||
|
debts but need to work out reduced payments, then make those
|
|||
|
payments on time.
|
|||
|
|
|||
|
{Your Credit Rating} suggests, "You may want to place a statement in
|
|||
|
your file, also, to explain a period of delinquency caused by some
|
|||
|
unexpected hardship, such as serious illness, a catastrophe, or
|
|||
|
unemployment, which cut off or drastically reduced your income."
|
|||
|
|
|||
|
If you're really over your head, you may have to declare bankruptcy.
|
|||
|
Talk to a consumer credit counseling service before taking this
|
|||
|
drastic step, and check some self-help books out of the library.
|
|||
|
They will help you decide what you need to do and whether you need a
|
|||
|
lawyer.
|
|||
|
|
|||
|
Q908. Are "credit repair" agencies legitimate?
|
|||
|
|
|||
|
Most of them operate within the law but don't do anything for you
|
|||
|
that you can't do for yourself, at less expense. (Someone posted a
|
|||
|
quoted price of $395 in early November 1991; you can do the same
|
|||
|
thing for well under $50.) Before paying them any money, be sure
|
|||
|
you have in writing exactly what they intend to do, and any
|
|||
|
guarantees they make. Think seriously about saving the money and
|
|||
|
doing the work yourself.
|
|||
|
|
|||
|
A typical credit-repair agency requests a copy of your credit report
|
|||
|
and then disputes any unfavorable items on it, whether true or not.
|
|||
|
(The agency doesn't have to give reasons. Just a mechanical "I
|
|||
|
dispute this" starts the process.) The credit bureau then follows
|
|||
|
the procedure above ("What exactly will the credit bureau do with my
|
|||
|
correction?").
|
|||
|
|
|||
|
The credit repair feature depends on most credit grantors either no
|
|||
|
longer having their records or simply failing to respond within the
|
|||
|
credit bureau's time limit. Presto! the unconfirmed item is gone.
|
|||
|
If the credit grantor does confirm the item, it stays in your
|
|||
|
record. (You can send the bureau a 100-word explanation of the
|
|||
|
item, to be included in the report.)
|
|||
|
|
|||
|
Can you do exactly the same thing? Yes, if you want to. A "credit
|
|||
|
repair" agency has no more clout than you do. See section 8,
|
|||
|
"Getting and reading your credit report," as well as the earlier Qs
|
|||
|
in this section. Remember that there are three separate national
|
|||
|
bureaus. If you clean up only your TRW report, that doesn't help if
|
|||
|
a credit grantor pulls a Trans Union report when you apply.
|
|||
|
|
|||
|
Is this legal? Strictly speaking, yes. Is it honest? In my
|
|||
|
opinion, not when an accurate item is disputed. If you make
|
|||
|
deliberately false statements it may be illegal (I'm no lawyer).
|
|||
|
|
|||
|
(end of misc.consumers FAQ on credit)
|
|||
|
|