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Arbitration
Hopefully you will never have to sue your credit card company. But in the event that you do, you may be faced with what's called "arbitration" or "alternative dispute resolution." Banks and other lenders around the country have added mandatory arbitration clauses to their contracts and have sent binding arbitration letters to their costumers. These provisions leave you with no legal rights.

So, when you dispute a charge with your credit card company, you may receive a "binding arbitration" letter, offering you the option of not arbitrating. Clark suggests that you fill out this form and return it by the due date. By doing so, you retain your right to sue the company on your own. If you don't fill out the form, you give up that right. In addition, some companies are cancelling your account at the end of your membership year, if you notify them that you don't accept the company's binding arbitration clause.


Excerpts From Clark's Shows: Arbitration

Aug 11, 2008 -- ID checks, minimum purchase rules a no-no with credit cards

Have you ever used your credit card and been asked for ID or told you'd have to make a minimum purchase? Both stipulations are against the merchant guidelines that govern Visa and MasterCard.

Clark is not upset when he's asked for ID; he sees it as another safeguard, even if it is against the guidelines. However, there is some recourse available if you are peeved.

MasterCard has a simple-to-use form where you can alert them if a merchant required ID or a minimum purchase. Clark has no idea what becomes of this info once you submit it to MasterCard.

Visa, on other hand, has no such procedure in place. So they have a rule, but no enforcement.

The underlying issue here is that we're still using '60-era magnetic strip technology for credit cards. Europe and Asia, meanwhile, are years ahead of us with their smart chip technology. With the smart chip, you're required to enter a secret code to use your credit card. But the banks that issue cards don't want to spend the money to have a safe system on our shores!

Jul 02, 2008 -- Cycling your unused credit cards back into the mix

Many of us have what are called -- in credit card lingo -- "back of the wallets." These are the cards we hardly ever use that may be buried somewhere in our wallets or in a drawer at home.

The typical American has about a dozen cards, but only 2 that are used frequently. The rest of those cards are ignored until they go dormant. In fact, you may not even activate the new card when you get it in the mail.

Banks used to just let these dormant accounts sit and hope you'd someday use the card again -- but not anymore. Now if an account goes stale, they'll close that account. That hurts your credit score and limits your access to funds.

So you may want to consider using your "back of the wallets" twice a year about 6 months apart. Charge a nominal amount and then pay it off. That will keep these accounts current in your credit mix and raise your credit score.

This is not just a silly assignment. You'll be helping your score, which is very important in getting lower interest rates, securing job offers and more.

Jun 23, 2008 -- Credit limits being reduced without your knowledge?!

The nation's banks are reaching new lows when it comes to customer no service. The latest wrinkle took Clark by surprise because he's received scattered calls about this issue without realizing there was a pattern emerging.

Now The Wall Street Journal has discovered that banks are arbitrarily reducing credit limits without telling you. The first you'll hear about it is when your purchase is denied!

Some banks are having up to a 10% default rate on the cards they issue. That's a huge number compared to historical averages. Their panic is so great that they're indiscriminately reducing credit limits -- even sometimes for those who pay their bills in full every month.

The Wall Street Journal also reports that banks are taking a zip code approach to reducing credit limits. This is especially true throughout the real-estate bubble states -- California, Arizona, Nevada or Florida. Again, the banks are frightened because they've seen people go from being current on their bills to declaring bankruptcy practically overnight.

Meanwhile, the banks are also targeting the self-employed because they're frightened of small business bankruptcies. Clark read about one person who had an American Express card that got cut from a credit limit of $36,000 to $4,300!

So if you fit into any of these categories, make sure you're not dependent on any one bank or one credit card. You should have multiple lines from multiple banks. But beware if you miss a payment or are late. Then you've really got a bull's-eye on your back.

May 07, 2008 -- New guidelines proposed for credit card industry

The Federal Reserve is proposing new guidelines for the credit card industry. These are simply proposed regulations; they haven't been finalized yet and may not be until after the November elections. The banks, predictably, are going berserk trying to push back on these proposals.

Here are some highlights of what's being considered:

• Banks would be required to give you a minimum of 21 days to pay a bill. That means statements would have to go out in a timely manner. Banks could no longer pull that funny business of sending out your statement a day or so before it's due.

• Credit card companies would no longer be allowed to raise rates on existing balances.

• Holds would no longer count toward your limit. This tactic is frequently used to force you over your limit. Holds are placed on your account when you use your card at a hotel, car rental counter or gas pump.

• Double-cycle billing -- often used to charge interest on a statement that's already been paid in full -- will be banned.

Keep in mind that these are only proposals. The aim is to make it look like there's a cop on the beat during an election year. These may be changed completely before they become the law of the land.

One thing is certain -- you can expect an uphill battle! Here's an example of the mentality coming from the banks: Capital One was recently investigated by California's state attorney general for its practices concerning customers. The company decided to change its registration from a state bank to a national one during the inquiry. That exempted them from the attorney general's scrutiny and allowed them to turn around and file a counter suit!

So what's the takeaway for you? Seize the power by not carrying a revolving balance on your credit card. Stop accumulating lifestyle debt and the banks will have no power over you.

Nov 06, 2007 -- Banks, bureaus and collectors all flouting bankruptcy laws

Clark has taken about 8 calls over the last several months that he thought were UFO questions with no connection to each other. People have been telling Clark they're getting harassed by collectors over debts that were wiped away when they filed for bankruptcy, or that debts that had been thrown out in bankruptcy court are showing up on credit reports as outstanding. Then Clark read Business Week's recent cover story "Prisoners of Debt" and it all made sense: Certain banks, collection agencies and credit bureaus are working together to undermine existing bankruptcy laws. When you file for Chapter 7, you get a bad mark on your record for 10 years. The tradeoff is that you also get to wipe out any credit card debts clean and clear. You usually first go through an evaluation process to see if you should pay a portion of your debts back under Chapter 13. Today you can only do Chapter 7 if your situation is hopeless.

Business Week discovered that Capital One, Bank of America, Chase and Discover are ignoring these bankruptcy laws -- by accident or on purpose -- and illegally selling debts to collection agencies so they can go after you. This flouts the law of the land, whether you agree with it or not. When a Chase lawyer was questioned by a judge about why they've sold bankrupt debts, the lawyer replied that it happens all the time. The Business Week article says the banks claim this is all an unintentional mistake. But there's a clear pattern here: First the lenders fail to wipe out the debt when you file for bankruptcy. Then they sell it off to collectors and score some cash. Next the collectors try to illegally collect the money. Finally, the credit bureaus act as co-conspirators by listing debts on your report that aren't valid. So if you've filed for bankruptcy and are caught in this vicious circle, contact the banks and bureaus by phone and in writing. Try getting them to update the status of your legally expired debts. If that doesn't work, go back to the bankruptcy court where you filed and talk to the judge.

Oct 23, 2007 -- Credit card rates are on the rise

The banks that issue the bulk of credit cards in our country are seeing more and more problems with delinquency. Their response has been to raise interest rates across the board -- even on people who have not been late on their payments in any way. Sometimes they try to justify the hike by telling you that you've cross defaulted, which means you're penalized for being late on another bank's card. But your bank can also arbitrarily raise your interest rate -- sometimes up to 30 or 33 percent -- on just 15 days notice. So what power do you have? Much of the time, you have the option to suspend charge privileges on a card in return for being able to pay off your balance at the old rate. But if you have other credit lines, vote with your feet by threatening to take your business elsewhere. Try pitting your lenders against each other to get the lowest interest rate.

Aug 02, 2007 -- Fight back against creditors trying to collect expired debts

Did you know there are new requirements for reporting debts or delinquencies? Clark recently had the chance to speak with two experts on the Fair Credit Report Act and the FACT Act (Fair and Accurate Credit Transactions Act). What he learned was illuminating. For example, if you have a credit card debt that went delinquent in January 2000, you might start getting calls from collection agencies in December 2006 -- one month shy of the seven-year expiration limit. What's probably going on is that the collection agency has put a new date on your account. By doing this the agency is breaking the law. If the debt has moved beyond the statue of limitations, you have no legal requirement to pay that creditor anything. Bear in mind that Clark is not talking here about the ethical obligation to pay up -- that goes on forever. He's only talking about your legal obligation.

So what can you do if your debt has passed the statute limit and the collection agency puts a new date on the account just to harass you some more? You can sue them in your own small claims court where you live. They have to come to you and answer for their actions! Just beware that these legal battles can be a two-way street. There are a lot of unsavory characters in the collection business who will try to sue you on expired debts. If you don't show up in court, they get a judgment in their favor when they didn't deserve it in the first place. Meanwhile, Clark also shared some personal anecdotes about working as a bill collector in graduate school, and trying to collect on past debts when he had his travel agencies. To do the latter, he often showed up in person to collect his money! He was always polite and calm. And you know what? It actually worked and he got a lot of money that way.

Jul 13, 2007 -- Ditch the Debit, Use the Credit

The Wall Street Journal isn't usually known for protecting the consumer. Yet the paper recently ran an article explaining how dangerous the use of debit cards can be for the average person. That's no secret around here at Clarkhoward.com, where Clark routinely refers to debit cards as a "piece of trash fake Visa or fake Mastercard." Sure it looks like a credit card, and it works similarly to one, but it can really foul you up in ways that a traditional credit card can not.

Say for example you buy a knife set that's being advertised on TV. If you pay for it with your debit card and it never arrives in the mail, you have no recourse. Had you paid with your credit card, all you have to do is dispute the charge. The same pitfalls can occur anytime you use your credit card to pay for something now that you'll be receiving later, such as airline tickets, cruises reservations and more. Other areas of danger with debit cards include the difficulty of refuting charges if your card is stolen, and the practice of hotels and some car-rental agencies that put a large hold on your account in advance of a transaction. Did you know that the latter practice can cause you to bounce checks even though the money is there in your account? The bottom line is that Clark believes the same protections enjoyed by credit-card users should be afforded to debit-card users. But the banks are making a fortune off debit cards, so there's no real incentive for them to change their ways. As Clark says, it used be that bank robbery involved a thief going to a bank and saying "Stick 'em up!" But today it's you that's getting robbed by the bank when you use a debit card.

Aug 09, 2005 -- Arbitration under fire in several states

One of the most unfair institutions of our capitalist system is arbitration. Cable, phone, insurance, travel and insurance companies are all establishing arbitration panels as a way to limit the rights of customers. In arbitration, customers are not allowed to take a company to court for any reason. Instead, an arbitration company comes in and there is another kind of “hearing” that determines whether the company did anything wrong. The problem is that the company picks the arbitration company. And if that arbitration outfit doesn’t find for the company, the outfit is fired. So, of course the arbitrators will find for the company. Arbitration procedures are always one-sided, and it’s wrong of the U.S. Congress not to pass a new law preventing them. California and Arizona have their own laws regarding arbitration. Arizona uses something called “alternative dispute resolution,” which is voluntary. It allows people to try to work out problems with companies first, and then they can go to court if necessary. California has banned arbitration all together. Clark would like the federal government to catch on and pass a law nationwide.
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