[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Extensions of Remarks]
[Pages E876-E877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCING THE INACTIVE ACCOUNT CLOSURE NOTIFICATION ACT
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HON. SUSAN A. DAVIS
of california
in the house of representatives
Thursday, April 2, 2009
Mrs. DAVIS of California. Madam Speaker, I rise today to introduce
the Inactive Account Closure Notification Act, which protects consumers
from having their credit cards closed and their credit scores lowered
against their will.
Under current law, credit card companies can close an inactive
account without providing any prior notification to the customer.
Often, the customer does not know his or her credit card account is
being closed until after the fact.
Because of the way credit scores are calculated, unilateral account
closures can lower the credit scores of consumers.
In addition, because credit card companies are only closing inactive
accounts that do not carry a balance and do not incur fees or finance
charges, the consumers that are seeing their credit scores penalized
are likely to be the most responsible borrowers.
Just the other day, I heard from a woman in my district who recently
had her credit card terminated for inactivity.
She had never missed a payment on her card and had excellent credit
prior to her account being closed.
Her credit card company gave her no early warning that it was
planning to terminate her account.
Had she received notification that the company was planning to close
her account due to inactivity, she would have been more than happy to
use the card again.
She even called the company to see if it would be willing to reopen
her account if she used her card, but was told no.
These stories are not unique to my home district of San Diego.
Consumers all over the country are going through the same exact
experience.
I request permission to enter into the Record an article from the
Wall Street Journal from March 11 of this year detailing the havoc
these account closures are wreaking on the credit scores of consumers
across our nation.
The bill I am introducing today--the Inactive Account Closure
Notification Act--will protect consumers by requiring credit card
companies to provide customers with a 60-day notification before they
can close their accounts for inactivity.
During this 60-day period, customers can use their credit cards to
prevent their accounts from being closed.
If an account has been closed for inactivity, a customer will still
have 30 days to contact the credit card company requesting that his or
her account be reopened.
With lenders dramatically tightening their standards in the current
economic climate, even a small dent in a consumer's credit score can
severely impact his or her ability to take out a mortgage, start a
small business, buy a car, or pay for college.
Responsible consumers deserve to have advance warning that their
credit cards will be closed and their credit scores will be lowered.
Help me protect our consumers.
I urge the adoption of the Inactive Account Closure Notification Act
and yield back my time.
[From the Wall Street Journal, Mar. 11, 2009]
Credit Card Issuers: Buy Something or Else!
(By Kelli B. Grant)
One of the biggest causes of the financial crisis was that
Americans were borrowing (and spending) more money than they
could afford to pay back.
So how are credit-card issuers reacting to consumers'
attempts to live a more financially responsible lifestyle?
They're threatening to cut their credit cards off if they
don't spend enough.
Loretta Maxwell of Troy, Mich., thought her credit score of
790 buffered her against most of the fallout of the credit
crunch. When Chase closed her $6,000-limit card in December
without warning after two years of inactivity, she called to
fight it. She was unsuccessful. ``If you're not using it,
they entice you to do so, and then the moment you don't spend
enough, they cut your limit,'' she says. (Chase says it is
standard practice is to review inactive accounts. ``Inactive
cards with large open credit lines present a real risk of
fraudulent use and large potential liabilities for Chase,''
says spokeswoman Stephanie Jacobson.)
Maxwell's experience is far from an isolated incident. Most
major issuers, including Chase, Bank of America, American
Express and Citibank have been slashing credit lines and
closing the accounts of those who don't spend on their card
regularly. While these issuers are required to notify you in
writing of an account closing, there's no requirement that
they do so in advance. Even when they do give early notice,
the only way a cardholder can stop their account from getting
shut down is to start spending again.
In December, Discover reported that it closed three million
accounts during 2008 due to inactivity, and plans to cull up
to two million more. A Discover spokeswoman says the issuer
is constantly reevaluating cardholder's credit and assessing
whether they have the most appropriate credit line and
product. Capital One is suspending accounts that have been
inactive for at least a year, warning account holders they
only have 60 days to redeem their rewards. ``Some of these
accounts had literally never been used,'' says spokeswoman
Pamela Girardo. A spokeswoman for Bank of America, meanwhile,
says the bad economy prompted it to close accounts with zero
balances that have been inactive for more than a year.
American Express spokeswoman Lisa Gonzalez says it
periodically reviews inactive accounts for cancellation.
Citibank did not respond to requests for comment.
From a business perspective, cutting off certain customers
is a smart financial move, says Sanjay Sakhrani, an analyst
with investment bank Keefe, Bruyette & Woods. Closing rarely-
used accounts lowers a card issuer's risk profile by keeping
their potential liabilities (i.e., the amount of credit
available they extend to cardholders) from outweighing their
assets. Inactive accounts also cost the issuer money to
maintain, without providing the benefit of income from
interest or merchant fees, he says.
For consumers, however, closing accounts can be
devastating--especially to their credit score. Your credit
utilization ratio--the amount of your debt in relation to the
amount of your available credit--comprises 30% of your score,
says Craig Watts, a spokesman for Fair Isaac Corporation, the
company that calculates and issues the FICO credit score that
most lenders use. So when an account is closed, you have less
credit available to you--and the ratio immediately jumps
higher. A person with a solid credit score of 720 or so,
whose utilization ratio jumps from 35% to 75% after one of
their accounts is closed is likely to see their score drop by
``several dozen points,'' to somewhere in the 600s, he says.
That's a far cry from the 760 (or higher) consumers need to
get the best rates from lenders.
One thing that somewhat softens the blow is that FICO
factors in closed accounts when calculating the longevity of
your credit history, which accounts for 15% of your score.
While lenders may make a note on your report indicating
whether the account was closed by them or you, the
information isn't used in the scoring formula, says Watts.
Ironically, an excellent credit score can actually serve as
more of a bulls-eye than a shield, says Dennis Moroney, a
research director and senior analyst for consulting firm
Tower Group. He says banks figure they can limit cardholder
backlash by targeting consumers with few debts and plenty of
other accounts. That way, a closed account won't have as much
of a detrimental effect on their creditworthiness.
Even years of loyalty and regular spending won't spare some
cardholders. David Good of Houston, used to be devoted to
American Express, with which he had two credit cards: an
unlimited charge account and a $7,500 revolving account. Yet
a solid credit score, eight years of on-time payments and
fairly frequent purchases on the cards--including more than
$100,000 last year alone--weren't enough to save his
accounts. In December, Good received a written notice that
the
[[Page E877]]
issuer had closed both due to ``low activity in the past six
months.'' ``I was shocked,'' he says. ``They lost my trust,
totally.'' (American Express declined to comment on Good's or
any other individual's accounts.)
New Yorker Veronica Eady Famira was vacationing in Germany
when she discovered that her $1,500-limit Delta SkyMiles card
from American Express had been shut down. ``I must have spent
$300 in cellphone charges calling banks,'' she says. ``I was
pretty stranded.'' Adding insult to injury, Famira had just
earned a free companion ticket on the card valued at up to
$400 for a domestic flight--now she can't redeem the ticket.
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