SR

Chapter 27: Credit and the Law

Credit Laws

State and Federal Regulation of Credit

  • To protect consumers, both federal and state governments control and regulate the credit industry.
  • A law restricting the amount of interest that can be charged for credit is called a usury law.
  • The Federal Trade Commission (FTC) is the U.S. agency that enforces credit laws and helps consumers with credit problems and complaints.

Federal Credit Laws

  • A number of federal laws help inform consumers about the costs of credit and set rules concerning the credit application process, credit history information, privacy, and debt collection.
  • To make comparing credit costs easier, Congress passed the Consumer Credit Protection Act.
    • The Consumer Credit Protection Act (also called the Truth in Lending Act) is a federal law that requires creditors to inform consumers about the costs and terms of credit.
    • The law states that advertisements for credit must communicate a fair and reasonably comprehensive indication of the nature and true cost of the credit.
  • The Equal Credit Opportunity Act is a federal law stating that credit applications can be judged only on the basis of financial responsibility.
    • No person can be denied credit on the basis of marital status, gender, age, ethnicity, religion, or receipt of public assistance.
    • A person who is denied credit must be given a written statement listing reasons for the denial.
  • Each consumer with credit has a credit report.
    • A credit report, also considered a credit history, is a record of an individual’s past borrowing and repayments.
    • It includes information about late payments and bankruptcy.
  • The Fair Credit Reporting Act is a federal law that allows individuals to examine and correct information used by credit reporting agencies.
  • In the United States, most credit report information is collected and kept by three credit bureaus: Experian®, Equifax®, and TransUnion®
  • The Fair Credit Billing Act is a federal law that requires creditors to correct billing mistakes that are brought to their attention.
    • The Fair Credit Billing Act also permits consumers to stop a credit payment for an item that is damaged or defective.
  • The Fair Debt Collection Practices Act (FDCPA) is a federal law that serves to regulate collection agencies.
    • The purpose of the FDCPA is to prevent deception, harassment, and other unfair debt collection practices by collection agents.
  • A collection agent is a person or business that collects payments for overdue bills.

Solving Credit Issues

Preventing Credit Fraud

  • Credit card theft, the misuse of credit information, and identity theft are increasing problems.
  • The first step a consumer should take when he or she gets a credit or ATM card is to write down the card issuer’s phone number and other contact information.
  • A stolen credit card can lead to identity theft.
    • Identity theft occurs when someone steals another person’s financial information with the intention of committing fraud under that person’s identity.
  • Consumers can protect their identities by being careful with the way they handle their credit and ATM cards, checks, and Social Security number.

Repairing Credit Problems

  • Many consumers charge too many of their purchases and later realize that they cannot afford the monthly payments.
  • To fix the problem, they have a few options to consider.
    • The first thing a consumer should do is contact the creditor.
    • Consumers can often work out a new payment plan to lower payments.
  • Consumers who are unable to work out their credit problems should talk to a credit counselor.
    • A credit counselor helps people work out a plan for getting out of debt.
    • There are several different types of credit counseling services.
    • Many credit counseling services charge a fee to “clean up” a poor credit report.
  • Another possible solution is a consolidation loan.
    • A consolidation loan combines a consumer’s debts into one loan with lower payments
  • The last resort is to declare bankruptcy.
    • Bankruptcy is a legal process in which a borrower is relieved of debts after showing an inability to pay.
    • People should avoid bankruptcy because it gives a debtor a bad credit record that can last for 10 years.