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May 01, 2009 -- Double warning for biz owners about credit cards, processors

Clark has a double warning for business owners that he needs to share.

First, the proposed Credit Cardholders Bill of Rights would leave business credit cards unprotected under its provisions.

You'd still be subjected to sudden interest rate hikes, retroactive rate increases, shorter billing cycles and more on your business card -- all the things that normal consumers may soon not have to deal with any longer.

In addition, when you apply for a business credit card, you sign for personal liability. That means you're still personally responsible for charges even if your business fails.

However, there's a very simple workaround you should know about. Just use a personal credit card for your business expenses. As a business owner using a personal card, you would still come under the protection of the potential law.

One further caveat and another reason to switch to a personal credit card: If you lose a personal card, your maximum liability is capped at $50. But with a business card, your liability could potentially be unlimited under the Uniform Commercial Code!

Basically, you're carrying dynamite in your wallet or purse if you carry business credit cards.

Meanwhile, here's the second part of Clark's double warning: BusinessWeek reports that a number of small businesses were bankrupted recently because their merchant processors for credit card transactions kept "hold back" money up to 100%.

"Hold back" money is money the processors keep based on their guesstimate of how likely you are to have charge-backs. Holding back 100% would mean an instant stop of cash flow.

So how can business owners protect themselves from this danger? You should always be under contract with more than one processor. If one tries to stick it to you, you can go with the other one to run your transactions.

And as always, with banks shutting down their lines of credit to small business, Clark wants to repeat another of his recent alerts: If your business relies on a line of credit to survive, draw it down now before the bank cuts it off. Then be sure to deposit it elsewhere at another institution so the original bank can't automatically seize the funds.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • merchant discount fees
    and also last year when I was trying to get Wells Fargo to lower my merchants fees on credit card processing, they wanted me to sign a contract and I refused. So, they kept my rates high and then just increased them again. I assume that if you are advocating getting 2 processors, then you shouldn't have to sign any contracts with either of them. Correct?
  • merchant discount fees
    I am a small business retailer, have had my shop for 35 years, and still hanging in there! I have always used Wells Fargo, to process credit card sales. It was just easier for me since I have all my checking accounts with them. But, just recently I noticed that they raised my rates and I am paying almost 4% to them on every credit card sale I make in the shop! Plus they get 40cts on every purchase as well. They did send me notification of the increase, but it's done on a form which is so confusing and long, that you end up not really knowing how much you are paying them! a lot of extra fees, and rules which change your fees are listed but very confusing.
    when I called to complain and said I was going to take my business elsewhere, she quickly lowered the rate to 2.85% and 10c on each transaction. I am looking at other companies, I told her I could get lower rates, like sam's club, costco, at 1.64%.
    She said they could match another offer but would have to see it in writing from them. I said, aren't you a bank? Why should I even have to do this? I feel like I'm buying a used car!
    Any help on who has the cheapest merchant discount fees and is the most reliable? thanks
  • Business Credit Cards and Merchant Accounts
    Thanks Clark! I was just now logging on to your website to research a new business credit card since my Advanta card was canceled. I too, like "Lang on 05/26/09" thought that businesses were to separate business from personal. I actually thought this was a legal requirement. However, since my business is just me and I do my own taxes, I think I will use my personal credit card. And thanks for the info about the merchant accounts. I had no idea! I will be checking with mine right away.
  • Advanta too!
    $28,000 Line is gone. Never carried a balance or missed a beat in 8 years. So much for good behavior!
  • Bye bye Advanta
    $14,000 credit line gone in a flash. Ouch. The credit crunch seems to be getting worse.
  • So Long Advanta
    4 business days notice is rather telling. Is using a personal credit card really good advice given the usual accountant's view of separating personal and business accounts? I own a small business...
  • Advanta
    I'm in the same boat with advanta - Just got this card within the last year, and you know how long it takes to get a new business card. It will make my life difficult for a month or so.
  • advanta
    got the same notice about advanta this morning. thanks a lot!
  • Advanta
    Yeah. Well I have/had the Advanta business credit card. Got notice this morning 5/26 that all Advanta bus. cards were ceasing to exist 5/30 and to quickly make other arrangements. 4 days notice? IS THIS FAIR?
  • Credit card balances
    Is there anything out there for credit card balances due to biz expenses after biz closes? From government or anywhere else? Thanks
  • This is happening to my brother's company
    Thanks Clark - this problem took my brother by surprise. The 'reserve' is crippling. Unfortunately, people in business don't know ahead of time that they should have more than one processor just in case. I'm certified in commercial credit management and had never heard of this practice. I've been out of that industry for 10 years. I wonder how the public would feel if they knew that a portion of their payment was being withheld and not going to the company as they intended, yet they get a bill for it and are expected to pay. The new credit card processing practices and extremely high penalty interest rates ahave gone way out of hand. Our "usury laws" must have been tossed out the window.
  • Baloney Clark!
    This is more baloney from Clark. Every credit card out there has an associated card holder agreement, the "fine print". It's this agreement that spells out the details. I'm sure somewhere there is a business card that does what Clark claims, but with my two business cards (Citi & Advanta), I can find no such language in the cardholder agreements.
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