Expedited CARD Reform for Consumers Act of 2009

Bill: 111-hr-3639
Sponsor: Rep. Maloney, Carolyn B. [D-NY-14]
Introduced: 2009-09-24 in the House
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures
Consumer affairs
Consumer credit
Federal Reserve System
Interest, dividends, interest rates
User charges and fees

Summary:
action_date: 2009-09-24
text: 
Expedited CARD Reform for Consumers Act of 2009 - Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act of 2009) to move up the effective date of the Act from February 20, 2010, to December 1, 2009.
 
Amends the Truth in Lending Act to move up also to December 1, 2009: (1) the deadline by which the Board of Governors of the Federal Reserve System must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR; and (2) the effective date of the creditor review requirement.
 
Moves up to the same date: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates; and (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional.
 
Amends the Electronic Fund Transfer Act to move up to December 1, 2009, as well the effective dates of the Act's: (1) prohibition against the imposition of a dormancy fee, an inactivity charge or fee, or a service fee with respect to general use prepaid cards, certificates, and store gift cards; and (2) the deadline by which the Board must issue final implementing regulations.

action_date: 2009-10-26
text: 
Expedited CARD Reform for Consumers Act of 2009 - Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act of 2009) to move up the effective date of the Act, except for certain depository institutions, from February 20, 2010, to December 1, 2009.
 
Makes February 22, 2010, the effective date of the Act for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act.
 
 
Amends the Truth in Lending Act to move up also to December 1, 2009: (1) the deadline by which the Board of Governors of the Federal Reserve System must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR; and (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act.
 
Moves up to December 1, 2009, as well: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates; and (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act.

action_date: 2009-11-04
text: 
Expedited CARD Reform for Consumers Act of 2009 - (Sec. 2) Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act of 2009) to: (1) make Title I: Consumer Protection, Title II: Enhanced Consumer Disclosures, and Title III: Protection of Young Consumers effective as of the date of enactment of this Act; and (2) make February 22, 2010, the effective date of such titles for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of the Credit CARD Act of 2009. 
 
 
(Sec. 3) Amends the Truth in Lending Act (TILA) to make conforming amendments with respect to review of past consumer interest rate increases.
 
Amends TILA to move to the date of enactment of this Act: (1) the deadline by which the Board of Governors of the Federal Reserve System (Board) must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR; and (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement governing a depository institution that has fewer than two million credit cards in circulation on the date of the enactment of this Act.
 
 Declares the date of enactment of this Act: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates; and (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act.
 
(Sec. 4) States that TILA does not prevent a creditor from putting into effect immediately: (1) any reduction in APR; (2) elimination or reduction of any fee imposed on a consumer; or (3) any significant change in terms for the benefit of the consumer.
 
(Sec. 5) Defers until February 22, 2010, the effective date of the new requirement under the Act that a credit card issuer must apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest. Conditions this moratorium, however, on the creditor's refraining from: (1) increasing any APR, or fees or finance charges applicable to any existing or future balance (other than as provided in TILA); or (2) changing the account terms to the detriment of a consumer, including repayment of any outstanding balance (other than as provided in TILA).
 
(Sec. 6) Amends TILA to prohibit either a creditor or a consumer reporting agency from using the pay off or closure of a consumer credit card account under an open end consumer credit plan to negatively impact the consumer's credit score or consumer report when the consumer pays off an outstanding account balance within 45 days after receiving notice of the imposition of a new fee.
 
(Sec. 7) Imposes a limited moratorium on APR, fee, and finance charge increases, beginning on the date of enactment of this Act. Prohibits a creditor, during the moratorium period, from: (1) increasing any APR, fee, or finance charge applicable to any outstanding balance of a credit card account under an open end consumer credit plan; or (2) changing the repayment terms of an outstanding balance (except as permitted under TILA). Ends such moratorium nine months (February 22, 2010) after the date of enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (May 22, 2009).
 

 


Legislative actions:
action_date: 2009-12-23
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2009-11-05
text: Received in the Senate.
action_date: 2009-11-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-11-04
text: On passage Passed by recorded vote: 331 - 92 (Roll no. 851).
action_date: 2009-11-04
text: Passed/agreed to in House: On passage Passed by recorded vote: 331 - 92 (Roll no. 851).
action_date: 2009-11-04
text: On motion to recommit with instructions Failed by recorded vote: 171 - 253 (Roll no. 850). (consideration: CR H12322)
action_date: 2009-11-04
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12320, H12322)
action_date: 2009-11-04
text: DEBATE - The House proceeded with 10 minutes of debate on the Castle motion to recommit with instructions. The instructions contained in the motion seek to require that the bill be reported back to the House with an amendment to require the Federal Reserve System to submit a report to Congress certifying whether or not the implementation of necessary regulations under those provisions affected by the amendments made by section 2 and section 3 of H.R. 3639 is feasible by December 1, 2009. The amendment also states that unless such certification reports that such implementation is feasible by December 1, 2009, section 2 and section 3 of H.R. 3639 shall have no force or effect.
action_date: 2009-11-04
text: Mr. Castle moved to recommit with instructions to Financial Services. (consideration: CR H12320-12322; text: CR H12320-12321)
action_date: 2009-11-04
text: The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H12311)
action_date: 2009-11-04
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3639.
action_date: 2009-11-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Sutton amendment number 5, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Sutton demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-11-04
text: DEBATE - Pursuant to the provisions of H.Res. 884, the Committee of the Whole proceeded with 10 minutes of debate on the Sutton amendment number 5.
action_date: 2009-11-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Sutton amendment number 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Sutton demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-11-04
text: DEBATE - Pursuant to the provisions of H.Res. 884, the Committee of the Whole proceeded with 10 minutes of debate on the Sutton amendment number 4.
action_date: 2009-11-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Maffei amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Maffei demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-11-04
text: DEBATE - Pursuant to the provisions of H.Res. 884, the Committee of the Whole proceeded with 10 minutes of debate on the Maffei amendment.
action_date: 2009-11-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the McCarthy (NY) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mrs. McCarthy (NY) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-11-04
text: DEBATE - Pursuant to the provisions of H.Res. 884, the Committee of the Whole proceeded with 10 minutes of debate on the McCarthy (NY) amendment.
action_date: 2009-11-04
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hensarling amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Frank (MA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2009-11-04
text: DEBATE - Pursuant to the provisions of H.Res. 884, the Committee of the Whole proceeded with 10 minutes of debate on the Hensarling amendment.
action_date: 2009-11-04
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3639.
action_date: 2009-11-04
text: The Speaker designated the Honorable Ed Pastor to act as Chairman of the Committee.
action_date: 2009-11-04
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 884 and Rule XVIII.
action_date: 2009-11-04
text: Rule provides for consideration of H.R. 3639 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules, shall be considered as adopted and provides that the bill, as amended shall be considered as the original bill for the purpose of further amendment under the five-minute rule.
action_date: 2009-11-04
text: Considered under the provisions of rule H. Res. 884. (consideration: CR H12302-12323)
action_date: 2009-11-04
text: Rule H. Res. 884 passed House.
action_date: 2009-11-03
text: Rules Committee Resolution H. Res. 884 Reported to House. Rule provides for consideration of H.R. 3639 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules, shall be considered as adopted and provides that the bill, as amended shall be considered as the original bill for the purpose of further amendment under the five-minute rule.
action_date: 2009-10-26
text: Placed on the Union Calendar, Calendar No. 180.
action_date: 2009-10-26
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 111-314.
action_date: 2009-10-26
text: Reported (Amended) by the Committee on Financial Services. H. Rept. 111-314.
action_date: 2009-10-22
text: Ordered to be Reported by Voice Vote.
action_date: 2009-10-22
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-10-08
text: Committee Hearings Held.
action_date: 2009-09-24
text: Referred to the House Committee on Financial Services.
action_date: 2009-09-24
text: Introduced in House
action_date: 2009-09-24
text: Introduced in House