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The City of Phoenix Should not Bank with Predatory Credit Card Banks
PHOENIX (By Jon Garrido, The Jon Garrido News Network) April 21, 2009 The City of Phoenix belongs to the residents of the city. As such the City of Phoenix has a responsibility to all residents of Phoenix to uplift each other and to help each other wherever possible.
The City of Phoenix annual budget exceeds One Billion Dollars of which is deposited in various Phoenix bank accounts. The City of Phoenix is a very big customer and I believe the City has a fiduciary responsibility to be an advocate for all Phoenix residents.
In promoting advocacy, when I become the Phoenix City Councilman from District 8, I will make a motion to have the City of Phoenix deposit the cities' money only in Phoenix banks that have no credit card complaints from Phoenix residents.
C redit card predatory practices
First came the mortgage crisis. Now credit card predatory practices are the next crisis. After years of flooding Phoenicians with credit card offers and sky-high credit lines, Phoenix lenders are sharply curtailing both, just as an eroding economy squeezes consumers. The pullback is affecting even creditworthy consumers and threatens an already beleaguered banking industry with another wave of heavy losses after an era in which it reaped near record gains from the business of easy credit it helped create. The credit card crisis has a directly adverse impact on all Phoenicians but the crisis is national in scope. Across the United States lenders wrote off an estimated $21 billion in bad credit card loans in the first half of 2008 as more borrowers defaulted on their payments. Companies laying off millions of workers, the industry stands to lose at least another $55 billion over the next year and a half, analysts say. Currently, the total losses amount to 5.5 percent of credit card debt outstanding, and could surpass the 7.9 percent level reached after the technology bubble burst in 2001. The Bureau of Labor Statistics of the U.S. Department of Labor reported on april 3, 2009, unemployed nonfarm payroll employment continued to decline sharply in March, and the unemployment rate rose from 8.1 to 8.5 percent, Since the recession began in December 2007, 5.1 million jobs have been lost, with almost two-thirds (3.3 million) of the decrease occurring in the last 5 months. In March, job losses were large and widespread across the major industry sectors. If unemployment continues to increase, credit card net charge-offs could exceed historical norms, Gary L. Crittenden, Citigroups chief financial officer, said. Faced with sobering conditions, companies that issue MasterCard, Visa and other cards are rushing to stanch the bleeding, even as options once easily tapped by borrowers to pay off credit card obligations, like home equity lines or the ability to transfer balances to a new card, dry up. Big lenders like American Express, Bank of America, Citigroup and even the retailer Target have begun tightening standards for applicants and are culling their portfolios of the riskiest customers. Capital One, another big issuer, for example, has aggressively shut down inactive accounts and reduced customer credit lines by 4.5 percent in the second quarter from the previous period, according to regulatory filings. Lenders are shunning consumers already in debt and cutting credit limits for existing cardholders, especially those who live in areas ravaged by the housing crisis or who work in troubled industries. In some cases, lenders are even reining in credit lines after monitoring cardholders who shop at the same stores as other risky borrowers or who have mortgages from certain companies. While such changes protect lenders, some can come back to haunt consumers. The result can be a lower credit score, which forces a borrower to pay higher interest rates and makes it harder to obtain loans. A reduced line of credit can also make it harder for consumers to manage their budgets, because lenders have 30 days to notify their customers, and they often wait to do so after taking action. The depth of the financial crisis has shocked a credit-hooked nation into rethinking its habits. Many families once content to buy now and pay later are eager to trim their reliance on credit cards. The Treasury Department, which is spending billions of dollars in taxpayer money to clean up an economic mess brought on in part by all sorts of easy credit, recently started an advertising campaign inviting consumers to check into the Bad Credit Hotel, an online game that teaches the basics of maintaining good credit. At the same time, the fear factor among lenders has deepened just as the crisis makes it harder for some financially stretched consumers to wean themselves from credit cards for even basic needs, like gas and food. We are not going to say, Yahoo, this is over, and extend credit like we did without fear, Jamie Dimon, JPMorgan Chases chief executive, said in a recent conference call. If youre not fearful, youre crazy. Even those with good credit ratings are targeted. American Express, which traditionally catered to more upscale cardholders, said it would be increasing effective interest rates by 2 or 3 percentage points for some of its credit card holders a move that could, for example, push a 15 percent rate up to 18 percent. Without any notice, American Express had reduced the credit limit on Joe Gonzales' business and personal credit card at least four times in the last year, which lowers credit scores. The moves have also made it difficult for small businesses to manage their payroll and budget. Credit card issuers have realized their market is shrinking and that there is no room for extra credit cards, so they have to scale back, said Lisa Hronek, a research analyst at Mintel. People are completely maxed out with mortgages, home equity lines and credit card debt. At the same time, credit card profit margins have been narrowing, largely because lenders own financing costs remain elevated as investors spurn credit card bonds, just as they did mortgages. Another factor is interest rates banks charge even creditworthy borrowers have come down after the emergency actions taken by the Federal Reserve to ease the credit crisis. In previous downturns, banks could make up the missing profits by raising fees. This time, there may be less room to maneuver. The last time credit costs spiked, the late fees were much lower, so card issuers could turn to that and re-price more nimbly, a Morgan Stanley analyst, Betsy Graseck, said. There is just more scrutiny now, and coming after the subprime mortgage crisis, the world is more sensitive to the way lenders behave. Changing credit card terms squeeze consumers Aggressive rate increases on credit cards are threatening to push struggling consumers into financial ruin, accelerating home foreclosures and the nation's further descent into recession. The growing problem is reflected in cases such as Mark Dennison of north Phoenix. He bought two last-minute plane tickets for his father's funeral in 2008, a purchase that increased the amount of credit he was using and made him appear riskier to banks. The result: Banks raised the interest rates on four of his credit cards to 24% and higher doubling his monthly payments to about $2,000. That led to a financial spiral that has put him on the verge of losing his home and filing for bankruptcy. "I see no light at the end of the tunnel," says Dennison, a tire salesman. Across the nation, a growing number of consumers and financial experts are complaining sudden credit card limit reductions and sharp interest rate increases triggering a domino effect that makes it harder for consumers to juggle bills, stay in homes and avoid going broke. No official data are available on how many people are being pushed into financial distress by credit cards rather than mortgages. But credit counselors, bankruptcy lawyers and legislators say banks increasingly are pummeling consumers for making the smallest payment error or making no error at all. The shift comes as regulators and legislators have spent the last year pointing to toxic mortgages and overextended home buyers as the culprits behind the financial crisis. Credit cards, by encouraging a society of spenders rather than savers, have played a significant role in loading up consumers with unaffordable debt whose rates and terms can change at any time. The Federal Reserve is expected to release a rule aimed at cracking down on hair-trigger jumps in card rates and fees, but consumer advocates worry it won't go far enough in reforming credit card practices. During the housing boom, banks sharply raised card limits in part because of a surge in home equity, then guided borrowers to use mortgages to pay off card balances. The series also found banks' practice of packaging and selling credit card debt to Wall Street has given them a powerful incentive to raise card rates and fees. Now as debt-saddled consumers struggle to stay afloat, banks are aggressively raising rates and fees often stripping consumers of what little disposable income they have left and threatening to become another drag on the economy. Consumer spending makes up more than two-thirds of U.S. economic activity. "This is the only credit people have available," says Robert Manning, author of Credit Card Nation: The Consequences of America's Addiction to Credit. "You raise their monthly payments this is driving people straight into bankruptcy." Another victim says she missed a single credit card payment in 2007, causing her bank, the U.S. credit card arm of Barclays, to impose a late fee and more than triple her interest rate to 20%. Other banks also penalized her, possibly for the late payment to her bank, a common practice in the industry. Bank of America cut off an overdraft line of credit on her bank account. American Express more than halved her credit line to $14,000, cutting off a key source of liquidity for her business. Then GE Money raised her interest rate to 23% from 16% on a store credit card and lowered her card limit to $100 from $4,000. "We are still paying our mortgage and our business bills," says the woman victim, who owes about $35,000 on her credit cards. "But by the skin of our teeth." Good mortgages, bad cards The above situation is increasingly common, experts say. "There's a misconception that everybody who comes in the door has a bad mortgage," says Doris Latorre, national director of quality assurance for Acorn Housing, which counsels troubled homeowners. "There are people who have good" mortgages but get into trouble with other loans when their banks change card terms, she says. Rate increases and dramatic reductions in credit limits can push borrowers deeper into financial distress, rather than encourage them to pay their bills, says Robert McKinley, chief executive of CardTrak.com, a card research site. Although consumers typically carry far less credit card debt than mortgage debt, card debt often is more punitive because banks have significant leeway to change terms. "The computer kicks in and considers this person a credit risk and raises their rate to 30%," which makes it hard for them to pay off that debt in their lifetime, says Marc S. Stern, a bankruptcy lawyer in Seattle. Even so, 90% of card users will not see their interest rates go up this year, says Scott Talbott, senior vice president of government affairs at the Financial Services Roundtable, which represents the 100 largest lenders. Consumers who do, he says, "can attribute it to their credit history, the economy and the lack of demand for credit-card-backed securities in the market." Jim Spencer, 40, says he's a conservative spender who got trapped under $70,000 of credit card debt and high finance charges after 15 years of relying on his credit card for emergencies, such as car repairs. In a letter to the Federal Reserve, a bank regulator, Spencer complained "credit card companies are the reason why hardworking Americans like myself struggle for years." Banks started raising his card rates two years ago, after his utilization ratio the credit he used compared with his available credit rose above 50%, Spencer says. He borrowed $16,000 from his 401(k) to cover the higher monthly payments. Even so, he eventually fell behind, leading to rate increases on three other cards. The higher card payments made it difficult to keep up with his mortgage. And plunging housing prices provided another reason to stop paying his mortgage. Now, he's trying to sell his house for less than he owes on it. "More likely, I'd still be managing today if the credit card companies didn't raise their rates," says Spencer, who plans to file for bankruptcy because he doesn't want to be saddled with high-rate card debt when he and his fiancιe, Michelle, have their baby in april. For families living paycheck to paycheck, a jump in credit card rates could mean the difference between paying their bills and putting food on the table, says Stephen Lerner of the Service Employees International Union, whose more than 2 million members include janitors, bus drivers and doormen. But if banks change rates because they consider the borrowers riskier because they've paid late or have gone over their credit limit, even once that option won't be available, says Curtis Arnold, founder of CardRatings.com, a credit card site. Consumer advocates say while they understand banks need to make money, steep credit card rates and fees have become more severe than missteps made by consumers. "We're not saying there shouldn't be late fees," says Gail Hillebrand, a senior attorney at Consumers Union, which publishes Consumer Reports. But fees, she notes, should be tied to how much a late payment actually costs a bank. Reform is particularly needed, says Jim Campen, executive director of Americans for Fairness in Lending, at a time when consumers are staggering under a record load of high-rate credit card debt. The typical household now has about 11 credit cards and owes $11,211 in card debt, according to CardTrak.com. Those figures don't include the billions of dollars of credit card debt consumers have rolled into mortgages. Ken Clayton of the American Bankers Association says, "It's easy to look back and say that credit was too available, but consumers have complete control over how they used their cards." Banks now are reducing their risk, he adds, by taking actions such as lowering credit card limits, because "that's the prudent thing to do." A domino effect As lenders do so, a growing number of borrowers will see higher credit card rates. Here's why: When lenders lower credit limits, the amount of credit available to consumers is reduced. That increases the percentage of credit borrowers are using compared with what's available often hurting their FICO credit score. Lenders use FICO scores, which range from 300 (worst) to 850 (best), to determine how much credit to offer consumers and at what rates. At a time when consumers already are struggling to stay afloat, lower scores and higher card rates could aggravate their financial problems, says John Ulzheimer, president of consumer education at Credit.com, a consumer information site. "Now, other issuers think you're high risk, and they may start doing nasty things to you, and it starts snowballing," says Ulzheimer. Borrowers who don't realize their credit limit has been lowered may also spend above their limit, triggering an over-limit fee and a higher rate, says Bill Hardekopf, chief executive of LowCards.com, a card-comparison site. So far, overall credit scores have held up "shockingly well," says Mark Zandi, chief economist at Moody's Economy.com, because lenders are still expanding credit to the least-risky consumers, boosting the average credit card limit. Yet Zandi believes it's probably not a matter of if but when credit scores will fall. He expects scores to decline most rapidly in areas where card debt is rising and housing prices are falling. The potential for consumers' credit scores to fall and their rates to rise through no action of their own exposes a serious flaw in the credit-scoring model, some consumer advocates say. As a growing number of banks pull back on credit lines, even healthy consumers could be pushed into distress. Take Mary applegate, 26, of east Phoenix near Scottsdale. Shortly after American Express lowered her credit card limit by 60%, to $7,200, Craig's credit score dropped from a decent 720 to a mediocre 683, she says. She applied for two loans in recent months, unsuccessfully, and worries that even if she got one, she wouldn't get the best rate because of her credit score. It's a stinging setback considering that Mary and her husband, Franklin, 32, have spent years improving their credit score so they could get a bank loan to consolidate $17,000 in card debt. When she called the bank, a rep told her she'd have to boost her score to 750 to get her limits raised. It's a no-win situation, she says, because, "How can I increase my score to 750 when the bank's actions have no doubt damaged it?" American Express spokeswoman Kimberly Forde says consumers' overall debt levels are the primary factor for any credit limit reduction, but the bank also looks at borrowers' payment history and credit score, among other information. Craig worries that American Express and other banks will raise her rates because of her reduced credit score. "That," she says, "would put us in hot water." Credit card reform gets another look As credit card fee increases squeeze more consumers, lawmakers are stepping up efforts to reform criticized practices. In the latest round of fees, Capital One, Citibank and HSBC are raising interest rates for millions of credit card borrowers. Chase is tacking on a $120-a-year fee and raising the minimum payment from 2% to 5% of the balance for hundreds of thousands of consumers with low interest rates. The actions come as unemployment rises and more consumers struggle to pay their bills. Some lawmakers said the moves were angering consumers and Congress alike and giving reason for an immediate crackdown on credit card practices. "Consumers are trapped in a business model designed to induce mistakes and jack up fees," said Sen. Charles Schumer, D-N.Y. "This type of tripwire pricing is predatory and must end." In December, the Federal Reserve and other regulators released a rule reforming some of the most controversial practices, such as raising rates on existing debt. But that doesn't take effect until mid-2010. Advocates say that's too late for struggling consumers. "We're all going through an economic crisis right now, and we need reforms that will help consumers now," says Bill Hardekopf, CEO of LowCards.com. Already, many card issuers have raised interest rates and fees in the past year. The latest: Capital One. Spokeswoman Pam Girardo says it's raising rates on certain credit cards "to reflect the current risk environment." Capital One told some borrowers it was raising the interest rate to 17.9% from 12.9%. Hardekopf says Capital One is also raising rates on a "significant" number of cards offered to new borrowers; some card rates are rising by nearly 6 percentage points, to 14% from 8%. HSBC recently notified Best Buy credit card borrowers it's also raising their rates. Spokeswoman Cindy Savio said the decision was based on "economic, market and other factors." At Chase, some card borrowers were given the choice between the new fee and higher minimum payment, or a higher interest rate of 7.99%. Previously, some borrowers had rates of 3.99%. Chase said it changes card terms due to market conditions or borrower risk. Citibank is increasing card rates an average of 3 percentage points on millions of cards because of the economy. Spokesman Sam Wang says the bank re-priced only customers whose rates hadn't been raised for two years.
More Using Credit Cards to Stay Afloat
Seven years in the credit-counseling business didn't prepare Ann Eaglewood for the alarming trend she began noticing last fall: As her clients' mortgage bills became unaffordable, a growing number of them began paying their credit card bills before and sometimes instead of their mortgages.
"Their homes are at risk, and they know it. But people say, 'I don't want to let my credit cards go because that's my cash flow.' "
Across the nation, credit counselors are reporting the same trend. Credit bureau analyses of consumer payment data show financially squeezed borrowers have begun paying their credit card and car bills before their mortgages. That's a striking reversal from the norm, one that reflects rising desperation. It suggests that some people essentially have given up trying to stay current with their mortgages and instead are focused on using credit cards to squeak by.
If the trend persists, many economists say, it could accelerate mortgage losses and further drag down the economy.
Rising living costs have led consumers to rely more on plastic to pay for necessities they can't live without and luxuries they don't want to do without. As the economy weakens, consumers are starting to spend less on discretionary items, such as furniture and electronics, and more on such necessities as groceries and gas, according to government data. Such items increasingly are showing up on credit card bills.
"Everything's going up dairy, gas, home taxes," says Alexis Kennedy, 34, a single mother of five children, ages 5 to 14, in east Phoenix, who enrolled in a debt-management program after racking up $20,000 in card debt. "I'm trying to pay more for everything in cash, but it's just impossible. It's not feasible right now to stop spending on the credit card."
During the past year, credit card debt has ballooned most rapidly in parts of the nation where the economy is particularly weak, including California, Florida, Arizona and Nevada, says Mark Zandi, chief economist for Moody's Economy.com.
"That suggests people are turning to their cards in times of financial need," Zandi says. "They're losing jobs and overtime hours and other income and trying to supplement their lower incomes with more spending on credit cards."
Magnifying the problem has been the shrinking availability of a major alternative to credit cards: home equity loans. As home values have sunk, homeowners have found it tougher to qualify for such loans. So they've turned elsewhere, especially to credit cards, to cover daily expenses.
"As people get squeezed, they still have the credit demand," says Christian Weller, a senior fellow at the center. "For a few years, mortgages and home equity lines replaced credit card debt. Now, we're swinging back to the credit cards."
The growing reliance on plastic may explain why revolving debt most of which is on credit cards rose at a seasonally adjusted annual rate of 7.8%, to a record $943.5 billion, in 2007 compared with a 6.1% adjusted rate the year before, according to the Federal Reserve.
The danger is that "The economy has relied on the consumer to keep it afloat for the last seven years, and there's no more gas in the tank of the consumer," says Howard Dvorkin of Consolidated Credit Counseling Services in Fort Lauderdale. "They've got nothing to give."
During the housing boom, too many people took out mortgages they couldn't afford. Many now owe more on their houses than they're worth. Some are defaulting on their mortgages figuring they'll lose their homes anyway even as they keep paying credit card and auto bills, credit counselors say. "A lot of people are exhibiting a kind of fatalistic behavior to their mortgages," says Douglas Hammond, outreach programs director at Alliance Credit Counseling. "They can't make their mortgage payment, so why try to make it at all? 'Let's keep my car, make my payment on my credit card, so I have some way of feeding my family.' "
When consumers are "pushed to the wall" and forced to choose between paying the mortgage or credit card bill, Chessen says, those who are likely to lose their homes may choose their credit cards, because "They still need to heat their homes, put food on their tables and fill their cars with gas." Allowing your house to be foreclosed on is "not a smart strategy," Hammond says, "because foreclosure does horrible things to your credit score, and you'll pay high interest rates" on future loans. A study by Experian found that consumers with weak credit scores but not necessarily those with strong ones are paying their credit card bills before their mortgage payments.
The study didn't examine car loans. But an Equifax analysis shows that 38% of delinquent mortgage borrowers had kept all their credit card bills current, and 62% had kept all their auto loans current in the two-year period ending in July 2007. In the past, most people would pay late on their credit cards and auto loans before doing so on their mortgages.
This reversal in payment priorities helps explain why the rise in credit card and auto loan defaults which occur when lenders give up trying to recover a debt hasn't matched the pace of mortgage defaults. Credit card defaults, while rising fast, are still in line with historic averages. It's a matter of time, some analysts say, before financially squeezed consumers max out their credit cards and start defaulting in larger numbers.
"My guess is you'll see increasing numbers of people walking away from credit card debt the same way they're walking away from the mortgages," says Ken McEldowney, an executive director at Consumer Action, a consumer advocacy group.
When Phyllis Coleman's mortgage payment jumped 26% last year, she began withdrawing cash from her credit cards to pay the mortgage. That worked for a few months, until Coleman, 50, of Fairfield, Calif., maxed out on the cards' credit limit. She defaulted on her mortgage and now faces foreclosure on her home.
Eventually, she also had to stop paying her credit cards, which she'd been relying on to cover daily expenses. "It became too much," Coleman says, "when gas started going up. I just got deeper and deeper" in debt.
Using credit cards for health care
Consumers with the least financial resources are pressured the most by a deteriorating economy and rising living costs. For this group, credit cards are simply a way to delay the financial pain.
For years, rising health care costs have cut into families' discretionary income. But if the economy worsens, employers are likely to pass along higher health care costs to workers. That, in turn, could force more people of all income levels to boost their use of credit cards.
"Your typical American household is very vulnerable, and they've been vulnerable for a long time," says Tamara Draut of Demos, a think tank in New York. "Now that energy costs are going up, health care costs are going up, people are turning to credit cards."
Betty Forester, a credit counselor in central Phoenix, says a growing number of clients are charging health care expenses. Financial firms are encouraging them to do so with the rollout of cards and lines of credit designed specifically for health care, she notes.
In October, Republic Bank and Humana introduced the Humana Advance health care credit card, which can be used at hospitals and doctors' and dentists' offices.
The card, says Steve Trager, CEO of Republic Bank, assures users that they "will have a means to pay for unexpected health care expenses." Citigroup, Capital One and General Electric's Care Credit division also offer loans for medical costs.
Diane Tregonis, a credit counselor in Tucson, Arizona, says people "want to make sure they can get the health care they need for them and their families," even if it means going into debt.
Maria Otero, a real estate agent in Mesa, Arizona, says the weak housing market has cut deeply into her commissions and made it harder to pay her own mortgage. Worse, the payment on her adjustable-rate mortgage jumped 17% in October. Otero, 48, asked her lender to modify the loan to reduce her monthly payment. She was rejected. So she's resigned to losing her house in foreclosure this year.
Meanwhile, she says she's committed to paying her credit card debts which she's consolidated with a debt-management agency while she has the money. "It's really stressful. I can only afford to pay my credit cards."
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