Payday Loan Collection Fraud: The Biggest Scam You Have Never Heard Of
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The www.FedPrimeRate.com Personal Finance Blog and Magazine
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The February 2010 regulations enacted by the Federal Reserve provide the following protections to credit card consumers:
Credit card companies must tell you how long it will take to pay off your balance. Now your monthly credit card bill must include a breakdown of how long it will take to pay off your balance if you only make the minimum payments as well as what you would need to pay each month in order to pay off your balance in three years.
No interest rate increases for the first year. Credit card companies can no longer increase your rate for the first 12 months after you open an account, EXCEPT IF:
You MUST be notified when they plan to increase your rate or other fees. Your credit card company is now required to give you 45 days written notice before they can
If you do not agree to the new terms you now have 45 days to cancel your card before the changes are put into effect. However, if you do choose to cancel your card your credit card company may close your account and increase your monthly payment, with certain limitations.
Your credit card company DOES NOT have to give you 45-day written notice if:
Increased interest rates can only be applied to new charges. If after 12 months your interest rate is increased it cannot be applied to a balance accrued before the rate increase itself.
Restrictions on over-the-limit transactions. You must now opt-in to allow transactions above your credit limit to be processed; otherwise the charges must be denied. If you do not opt-in and your credit card company allows your card to be charged above your credit limit, you cannot be charged an over-the-limit fee. Also, if you do go over your limit you can only be charged one over-the-limit fee per billing cycle, and you can opt-out at any time.
Payments must be directed to highest interest balances first. If you make more than the minimum payment, the difference must be applied to the balance with the highest interest rate, with one exception:
When you owe a balance on a deferred interest plan, the credit card company may give you the option to apply payment in excess of the minimum balance to the deferred interest balance before other balances. Otherwise, for two billing cycles prior to the end of the deferred interest period, your entire payment must be applied to the deferred interest-rate balance first.
No double-cycle billing. Interest charges can only be applied on balances in the current billing cycle.
Standard payment dates and times. Your credit card bill must be mailed or delivered at least 21 days before your payment is due. Furthermore,
New caps on high-fee cards. If a card comes with fees such as an annual fee or application fee, those fees cannot total more than 25% of the credit limit. The 25% cap does not, however, apply to penalty fees.
Protections for underage consumers. Applicants under the age of 21 must prove that they have the income to pay their balances or they must have a cosigner in order to open a credit card account. Also, if an underage cardholder wishes to increase their credit limit and they have a cosigner, the cosigner must agree in writing to the limit increase.
The Fed also announced in October 2010 that it would amend Regulation Z, the regulations implementing the statutes of the Truth In Lending Act, in order to stop certain predatory practices enacted by credit card companies in attempts to maneuver around the CARD Act rules and earlier Federal Reserve regulations. The amendments will clarify matters of compliance for card issuers on the following:
Promotional programs that waive interest charges for a specified period of time. Reduced interest rate promotions are subject to the same protections as promotions that employ a reduced interest rate for a specified period. Credit card companies have recently used a ‘bait and switch’ approach to certain reduced rate offers, not disclosing that the promotion rules would allow them to revoke the benefit at any time.
Fees charged before a credit card account is opened. Application fees and other fees that are paid before a credit card account is opened are covered by the same limitations as fees charged during the 12 months after the account is opened to further avoid predatory lending practices.
Proof of ability to pay must be proven for the cardholder as an individual, not household income. Predatory lenders often issue cards to individuals who do not truly have the ability to maintain their accounts based on household income or other income credits, locking these consumers into a debt trap.
Labels: banks, credit_card_reform, credit_cards, fed, federal_reserve, I_C_Jackson
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Everybody is concerned about Social Security these days.
Debthelp.tv reported in 2009 how an SSA press release revealed that “program costs will exceed tax revenues in 2016” and “the combined assets of the Old-Age and Survivors, and Disability Insurance (OASDI) Trust Funds will be exhausted in 2037”. The current debate ensues over what these numbers really mean and whether or not Americans should consider Social Security to be stable and dependable or at a crisis status.
Unfortunately, very few economists and financial analysts are making mention of the fact that a heavy dependence on Social Security benefits is not prudent financial planning, regardless of the stability of the program.
The National Academy of Social Insurance released a brief in May 2007 confirming that American retirees are not receiving proportionate income replacement when they depend on Social Security for their livelihood. According to NASI, retirees need to replace 70-80% of their income in order to maintain their quality of life, but Social Security benefits only replace about 40%. Furthermore, most American retirees depend on Social Security benefits for at least 66% of their retirement income, with SS benefits accounting for 80% among seniors in the lowest wage earning bracket. Any retirement fund that replaces less than half of the pre-retirement income should be supplemental, not a primary income source!
Yet, Washington is consumed with taking sides on the issue of reform instead of educating the public on how to do more toward securing their retirement through sound investing, savings, debt reduction, and entrepreneurship or other income supplement. Financial literacy is the real issue here, and too many Americans are so busy arguing about and depending on Social Security benefits that they miss the truth about how well these benefits can actually sustain retirees.
In a related article on Social Security I propose the following:
“It is not the government’s responsibility to take care of me in my old age...That’s my job. All of the wisdom we learned from our predecessors has been thrown out the window – we don’t have to live modestly and below our means so that we can save for a rainy day. We no longer have to be prudent for ourselves because we no longer believe that the dynamics of life can swing the pendulum to the unfavorable side of financial stability. Americans think that employers, politicians, and institutions of various sorts exist to take care of them, not to serve a specific purpose within a limited scope.”
Whose responsibility is it to plan for your financial future, and how heavily should anyone rely on government to secure their income replacement? No matter how you crunch the numbers, replacing income is hard work, and it would be wise not leave such a crucial function to the wits of elected officials who will retire well whether you do or not.
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“You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered.”Ironically enough, if you won your claim, you’d probably have to turn right back around and hand it over to the guys you just sued.
Labels: debt, debt_collectors, I_C_Jackson
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Editorial |
...Obama and Biden will make college affordable for all Americans by creating a new American Opportunity Tax Credit. This universal and fully refundable credit will ensure that the first $4,000 of a college education is completely free for most Americans, and will cover two-thirds the cost of tuition at the average public college or university and make community college tuition completely free for most students. Recipients of the credit will be required to conduct 100 hours of community service...
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