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H.R.4300 - Restoring America's Commitment to Consumers Act of 2009
To amend the Truth in Lending Act to establish a national usury rate for consumer credit card accounts under open end consumer credit plans, and for other purposes.
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Mr. TIERNEY (for himself, Ms. SLAUGHTER, Mr. CAPUANO, Mr. ANDREWS, Mr. ARCURI, Mr. BISHOP of New York, Mr. CARNAHAN, Mr. CLYBURN, Mr. COHEN, Mr. CONYERS, Mr. COSTELLO, Mr. COURTNEY, Mr. CUMMINGS, Mrs. DAHLKEMPER, Mr. DEFAZIO, Mr. DELAHUNT, Ms. DELAURO, Mr. DOGGETT, Mr. DOYLE, Ms. EDWARDS of Maryland, Mr. ELLISON, Ms. ESHOO, Mr. FARR, Mr. FILNER, Mr. GARAMENDI, Mr. GRIJALVA, Mr. HARE, Mr. HASTINGS of Florida, Mr. HINCHEY, Ms. HIRONO, Mr. ISRAEL, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. JONES, Ms. KAPTUR, Mr. KENNEDY, Mr. KUCINICH, Mr. LANGEVIN, Mrs. LOWEY, Mr. LYNCH, Mr. MASSA, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. MOLLOHAN, Mr. MURTHA, Mr. NADLER of New York, Mr. OLVER, Mr. PLATTS, Mr. RODRIGUEZ, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. SHEA-PORTER, Mr. STARK, Ms. SUTTON, Mr. THOMPSON of Mississippi, Mr. TONKO, Mr. TOWNS, Ms. TSONGAS, Mr. VISCLOSKY, Ms. WATSON, Mr. WAXMAN, Mr. WELCH, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. NATIONAL CREDIT CARD USURY RATE.
‘(1) LIMITATION ESTABLISHED- Except as provided in paragraph (3) and notwithstanding subsection (a) or any other provision of law, the annual percentage rate applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan may not exceed 16 percent.CommentsClose CommentsPermalink
‘(2) INCLUSION OF CERTAIN FEES IN DETERMINING APR- In determining the annual percentage rate applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan for purposes of paragraph (1), any fee compensating a creditor or prospective creditor for opening or maintaining the account or for an extension of credit or making available a line of credit, such as a membership fee, or an annual fee shall be included in the finance charge for purposes of section 107.CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to paragraphs (4) and (6), the Board may make adjustments to the maximum annual percentage rate limitation under paragraph (1) when any such adjustment is in the public interest and economic conditions warrant to the extent the limitation, after the adjustment, continues to fully protect consumers from exploitive and unreasonable lending practices.CommentsClose CommentsPermalink
‘(B) PRESUMPTION CONCERNING INCREASES- Any increase in the maximum annual percentage rate limitation under paragraph (1) shall be presumed to not be in the public interest unless the Board determines, after opportunity for comment, that severe economic conditions exist to justify an increase in such limitation, taking into account the prevailing bank prime rates, the rates in effect for overnight loans to member banks (as defined in section 3 of the Federal Deposit Insurance Act) and statistical information the Board determines to be relevant.CommentsClose CommentsPermalink
‘(4) NOTICE TO THE CONGRESS- Upon making any adjustment to the maximum annual percentage rate limitation in effect under paragraph (1), the Board shall promptly submit a notice of such adjustment to the Congress.CommentsClose CommentsPermalink
‘(A) IN GENERAL- After receipt by the House of Representatives of a notice from the Board pursuant to paragraph (4) of an adjustment to the maximum annual percentage rate limitation in effect under paragraph (1), the Committee on Financial Services of the House of Representatives shall promptly conduct a hearing on such adjustment.CommentsClose CommentsPermalink
‘(i) as an exercise of the rulemaking power of the House of Representatives, and, as such, they shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; andCommentsClose CommentsPermalink
‘(ii) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House.CommentsClose CommentsPermalink
‘(A) NO ENDORSEMENT OF 16 PERCENT CREDIT CARD RATES- No provision of this subsection may be construed as an endorsement by Congress of an interest rate of 16 percent on credit card accounts to which paragraph (1) applies.CommentsClose CommentsPermalink
‘(i) the maximum annual percentage rate limitation under paragraph (1) should merely serve as a ceiling on the annual percentage rate applicable consumer credit cards and few, if any, consumer credit card accounts would ever bear the maximum rate; andCommentsClose CommentsPermalink
‘(8) UNFAIR AND DECEPTIVE ACT OR PRACTICE- In the case of any credit card account under an open end consumer credit plan which, as of December 11, 2009, bears an annual percentage rate that is less than 16 percent, any increase in the annual percentage on such account during the period beginning on December 11, 2009, and ending at the end of the 60-day period beginning on the date of the enactment of the Restoring America’s Commitment to Consumers Act of 2009 shall be treated by the agency with jurisdiction over the creditor under section 108 as an unfair or deceptive act or practice.CommentsClose CommentsPermalink
‘(B) the title of which is as follows: ‘Joint resolution relating to the increase in the interest rates on credit card accounts pursuant to section 107(f)(3) of the Truth in Lending Act.’; andCommentsClose CommentsPermalink
‘(C) the sole matter after the resolving clause of which is as follows: ‘That the Congress disapproves of any increase, pursuant to section 107 (f)(3) in the maximum annual percentage rate limitation applicable to any extension of credit under, or any outstanding balance on, any credit card account under an open end consumer credit plan, notice of which was transmitted to the Congress on XXX by the Board of Governors of the Federal Reserve System’, the blank space being filled with the appropriate date.’.CommentsClose CommentsPermalink
SEC. 3. CAP ON CERTAIN CREDIT CARD ACCOUNT FEES.
(a) In General- Chapter 3 of the Truth in Lending Act (
‘Sec. 151. Cap on certain credit card account fees.
‘(a) In General- Except as provided in subsection (b), the amount of any fee that a card issuer may impose with respect to a credit card account under an open end consumer credit plan, including any fee for default or breach by a borrower of a condition upon which credit was extended, such as a late fee, creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fee, and over-the-limit transaction fee, or other charge that a card issuer may impose with respect to a credit card account under an open end consumer credit plan may not exceed $15.CommentsClose CommentsPermalink
‘(b) Exception for Fees Taken Into Account Under Section 107(f)(2)- Subsection (a) shall not apply with respect to any fee taken into account pursuant to subsection (f)(2) of section 107.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections for chapter 3 of the Truth in Lending Act is amended by inserting after the item relating to section 150 (as added by section 109(b) of the Credit Card Accountability Responsibility and Disclosure Act of 2009) the following new item:CommentsClose CommentsPermalink