=======> A CREDIT CARD YOU WANT TO TOSS! (YET ANOTHER REASON TO HATERIGHTARDS!) <=======

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A Credit Card You Want to Toss
By Robert Berner -

Credit-card issuers have drawn fire for jacking up interest rates on
cardholders who aren't behind on payments, but whose credit score has
fallen for another reason. Now, some consumers complain, Bank of
America is hiking rates based on no apparent deterioration in their
credit scores at all.
As banks hit hard times, they're turning up the heat on customers. The
latest is Bank of America who incited customer ire by raising rates
for some cardholders by as much as 28 percent -- and worst of all,
giving no reason.

The major credit-card lender in mid-January sent letters notifying
some responsible cardholders that it would more than double their
rates to as high as 28%, without giving an explanation for the
increase, according to copies of five letters obtained by
BusinessWeek. Fine print at the end of the letter--headed "Important
Amendment to Your Credit Card Agreement"--advised calling an 800-number
for the reason, but consumers who called say they were unable to get a
clear answer. "No one could give me an explanation," says Eric Fresch,
a Huron (Ohio) engineer who is on time with his Bank of America card
payments and knows of no decline in the status of his overall credit.

Bank of America spokeswoman Betty Riess confirms some bank cardholders
could be receiving rate increases for reasons other than declines in
credit scores, such as running higher balances with their Bank of
America cards or with other creditors. She says the increases are part
of a "periodic review" that assesses customers' credit risk. She
declined to say if the Charlotte (N.C.) bank had changed its credit
standards thereby bumping some consumers' rates or how many
cardholders were being affected by the review. Bank of America has 40
million U.S. credit-card accounts.

Buzz about the letters is building on the Internet. Since mid-January
Credit.com, a credit-card information site, has received 40 complaints
from consumers Bank of America had notified of sharp rate increases,
even though they were current on their bills, says Emily Davidson, a
Credit.com researcher. Complaint sites My3cents.com and
BankofAmericaBadforAmerica.org say they have also received similar
complaints.

The so-called "opt-out" letters give borrowers the option of no longer
using their card and paying off the balance at the old rate. But they
must write Bank of America by later this month if they plan to do so--
otherwise their rates on existing and new balances automatically rise.

Arbitrary Criteria

What's striking is how arbitrary the Bank of America rate increases
appear, credit industry experts say. In recent years, many card
companies have turned to a practice called "risk-based pricing," where
they will raise a regular paying consumer's rate because of a decline
in the person's FICO score. FICO is a credit-risk score developed by
Fair Isaac that includes a number of risk metrics the Minneapolis
company doesn't disclose. Credit reporting bureaus supply creditors
with FICO scores along with other data, such as late payments and
debts owed.

In a December congressional hearing spearheaded by Sen. Carl Levin (D-
Mich.), lawmakers slammed big card companies for using such pricing
with customers who pay on time. By law, credit-card lenders can change
terms as long as they notify borrowers. Even so, JPMorgan Chase and
Citigroup announced ahead of Levin's hearing that they would stop the
practice of raising card rates based solely on FICO scores.

But Bank of America appears to be taking an even more aggressive
stance because, beyond credit scores, it is using internal criteria
that aren't available to consumers. That makes the reason for the rate
increase even more opaque. "Congress has faulted credit-card companies
for lack of transparency in raising rates," says William Ryan, a
financial industry analyst at Portales Partners, a New York-based
research firm. "Bank of America is bringing it to a new level."

An Unjustified, For-Profit Move

Analysts also say they are surprised by the magnitude of the rate
raises Bank of America is imposing on affected cardholders. Michael
Jordan, 25, a software developer who lives in Higganum, Conn., says he
received a letter from Bank of America in late January advising him
that his card rate would rise from 9.99% to 24.99%. The software
developer, who earns $80,000 per year, says he was "shocked" because
his payments had been on time and his credit score hadn't changed in
the last year. In fact, Jordan says, he has only $4,500 in overall
outstanding credit-card debt on two cards and that, on the Bank of
America card in question, he had paid down his balance to $3,000 from
$3,700 last August. "His rate increase seems unjustified based on his
credit profile," says David Robertson, publisher of The Nilson Report,
a credit-card industry trade publication.

When Jordan called Bank of America about the higher rate, he says, the
bank representative couldn't explain why his rate was going up. On a
second call, he adds, the individual told him the reason for the
increase was that he hadn't been paying down his balance fast enough,
though he had lowered it by 19% in the last six months and was only
now utilizing 54% of his $5,500 credit limit. Riess, the Bank of
America spokeswoman, declined to discuss individual rate increases or
to list all the criteria the bank was using as reasons to raise rates
on existing cardholders.

Analysts say the bank's move is obviously aimed at shoring up profits.
On Jan. 22 Bank of America reported a 95% decrease in fourth-quarter
earnings due mostly to increases in loan-loss reserves for consumer
credit, including rising card charge-offs and write-downs in mortgage-
related securities. Bank of America faces another profit sinkhole with
its pending acquisition of troubled Countrywide Financial (CFC).
Portales' Ryan notes that boosting rates on existing credit-card
holders is one of the quickest levers a bank can pull to try to boost
earnings.

Anticipating Charge-Offs

Bank of America hasn't made it easy for consumers to reject the new
rates. The letters require that consumers write Bank of America to
agree to no longer use the card and pay off the existing balance at
the old rate--they can't telephone to do so, nor does Bank of America
provide a form or a return envelope. Moreover, consumers don't have
much time to respond. Cardholders say they got the letters in the
latter half of January: four of the letters obtained by BusinessWeek
require a written response by Feb. 19, while the fifth requires a
response by Feb. 29. If the company doesn't get a response by those
dates, rates automatically rise. A response, of course, assumes
consumers read the letter from Bank of America as they sort junk mail.
"It's a reasonable assumption that most don't," says Karen Gross, a
legal scholar on consumer credit and president of Southern Vermont
College.

Bank of America also benefits from consumers who do write in an
agreement to pay off balances at the old rate and not use the card
again, says Nathan Powell, a credit analyst at New York-based research
firm RiskMetrics Group. The bank, he says, is clearly trying to
protect itself from worsening credit-card charge-offs ahead, something
analysts widely expect in the card industry as the economy
deteriorates. Powell says the bank must have identified a list of
other credit criteria besides FICO that it is using to screen
cardholders and determine it's no longer worth new business if they
don't accept the higher rate. So far, Bank of America's charge-off
rates have risen in line with the credit-card industry, up to 5.08% of
receivables at the end of the fourth quarter from 4.57% a year ago.
"The bank doesn't want to get behind the curve," Powell says.

"Unacceptable" Hikes

Bank of America is trying to get ahead of Amanda Pennington, 29, of
Euless, Texas. She says the bank raised her credit limit three months
ago from $5,000 to $8,000 because of her strong payment history. Then
she got the letter from the bank in mid-January notifying that her
rate would rise from 15.74% to 25.99%. When she called, she says, the
bank told her it was raising her rate because her balance was now too
high, though it was still under the higher new limit the bank had
previously granted. After paying tuition for a community college
course, transferring another balance, and paying for daily expenses,
Pennington's Bank of America debt now stands at $7,500. Bank of
America declined to comment on individual customers.

Adam Levin, CEO of Credit.com and former head of New Jersey's Division
of Consumer Affairs, says he is surprised Bank of America would risk
bad public relations with its rate increases, given the congressional
hearings in December. The bank risks alienating new customers and
existing ones by being so brazen, he says, adding, "Either Bank of
America has more financial troubles than it is willing to admit or it
has a level of institutional arrogance that is unacceptable."
 
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