A Decision Bank Of America Will Come To Regret


This is an extremely foolish decision by Bank Of America. One right up there in the annals of corporate stupidity like that of Circuit City firing its most experienced employees. From Business Week:

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 (BAC) is hiking rates based on no apparent deterioration in their credit scores at all. . . 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.

As Mish notes, consumers will penalize BoA for this. In a big way:

Tactics Guaranteed To backfire

* The sudden rate hike will throw some consumers so far behind the curve, they simply give up. In other words, defaults may soar on account of their actions.
* Some customers will find a better rate elsewhere.
* Some customers with multiple cards will stop using their Bank of America card.
* Some customers will vow to get out of the debt trap because of these rate hikes, and manage to do just that.
* Congress won't sit for these actions.

The gods punish greed and hubris of this sort in extremely painful ways. Bank Of American will deserve what it gets.

More after the jump.

American corporations have for too long believed that they can get away with just about anything they want, that the consumers will just take it, deal with it and keep shopping, spending, using the stupid dial-a-menus and whatever other insane and ultimately unhelpful cost-cutting measure you can think of. But the time is coming when the consumer will balk and simply walk away. It's already happening with mortgages and credit cards. Believe me, if American consumers will walk away from something as sacred and central to the American dream as a home they'll walk away from tons of other gadgets and services they really, in the end, don't need. I have. After all, I don't need a new HD TV, or a new wicked stereo system, or a flashy new car (my twenty year old Honda runs just fine, thank you very much). I may want them, but I don't need them. I can, and have, walked away from new purchases. (And no, I didn't buy my iPhone, it was given to me by my new job--one of the benefits working for an Austin tech company, I suppose.)

Consumers are now walking away from businesses that don't respond to what the consumer wants--as opposed to what the business says they want. It's about time. The irony is that the demigods of market dogma have espoused the centrality of choice in markets for so long that they fail to recognize the destructive powers of such choice when it strikes in reverse. It's fun on the ride up, but the ride down? Ahh, irony, it's not just for breakfast anymore, dig?


Sean Paul Kelley February 10, 2008 - 3:57pm
( categories: Analysis | Economics: USA | The Markets )

Banks are taking desperate measures these days. It looks like they are targeting their most profitable customers: those with a good payment history and who carry a balance. Also, Bank of America is probably counting on the fact that credit offers for balance transfers may dry up in the current environment... They are probably checking the cushions of their customer chairs every night as well :)

bogdan101 February 10, 2008 - 4:35pm

I would say that your assessment is as accurate as any I seen, IMHO.
Consumers are becoming smarter and more aggressive in their retailiation, when they feel they haven't been treated right. And I do not blame them, and from what you have said, you don't either.

I am wondering how far this will reach. For me, the corporate MSM, it's advertisers and their products, should be the next victim in the consumer rebellion. I find the facts offered in the better blogs (those which link to the sources) are usually superior to MSM, (especially the talking heads), and TiVo skips the commercials. Word of mouth, for me, is the strongest advertisement for a good product.

We shall see how this plays out. It will be interesting to see what our free market capitalism will look like in a few years.

Bb February 10, 2008 - 5:02pm

Thank golly goodness the bankruptcy bill was passed so people can't default on their credit card debt. At least we have that much to be thankful for. I'm praying to my personal deity, thanking them for lobbyists and a Republican dominated Congress.

Josh SN February 10, 2008 - 5:21pm

saying about debt.

"You can't get blood from a stone"

doesn't matter what the law is. If you've got nothing, they can't take nothing, and if you've got multiple creditors they get to fight it out. Years ago when I had some debts I was scared of the guys calling me. But I eventually realized they couldn't do squat to me and used to tell them "take me to court, jackass, I ain't got nothing for you to seize."

They get so used to bullying people that they get shocked when someone fights back.

Also refuse to do business over the phone. Make them put everything in writing.

Ian Welsh February 10, 2008 - 7:42pm

Makes me wonder if this is fallout from their 'rescue' of Countrywide.

However it's also true that banks don't make as much profit from credit card holders who pay off their balances every month.

xlorp February 10, 2008 - 5:51pm

If you have a BoA card and your payments are current and have been for a long while, and they jack up your APR for no apparent reason, call them up and complain. My wife did and she got them to reduce the interest rate. When she paid off the balance in full, they made a "mistake" where charged interest they shouldn't have (amounting to about $7), and assessed a late fee on top of that, which according to their reading of the agreement, allowed them to jack up the APR again. She called and complained again, they agreed that everything was a mistake, and backed down.

Just call, keep calling, keep calling. Ask to talk to a manager, then his/her manager. If something is "out of their hands" or they can't "change the policy," don't accept that. Get names and departments--tell new contacts at different departments what other people told you, as you understand it.

If you get credit card junk mail, take all identifying information out of the invitation, rip up the rest, and send it back to them in the return envelope ("no postage necessary!")

Eventually, enough attorneys general will catch the zeitgeist and start investigating (credit card companies are limited by certain state laws). That is, until the AGs get enough in campaign contributions to make the whole thing go away.

Jonathryn February 10, 2008 - 7:03pm

is to pay cash. If you can't afford it you don't need it--and you can't afford it. Dig?

“Is not our first thought to go on the road? The road is our source, our vault of treasures, our wealth. Only on the road does the ‘traveller’ feel like himself, at home.”
Ryszard Kapuscinski

Sean Paul Kelley February 10, 2008 - 7:11pm

I 've always used my cc as a debit card. I've accumulated over 200K points with Amtrak, which one good reason for me to keep using their credit card, since I can get free Acela trips between Boston and DC. I don't care what their interest rate is, since I have no balance.

creativelcro February 10, 2008 - 8:01pm

If B of A wanted to get out of the CC business and still make a profit, this is a good model for it. They not only rake in money from the increased APRs, they get to take the debts off their balance sheet when people get huffy and transfer their debts to other cards. They don't care if they create hostility among cardholders--they don't want them any more; the markets probably see them as a liability now, especially with a downturn in the economy coming.

Paying in cash is definitely the best option, but you need some sort of plastic for certain purchases, such as airline tickets. A debit card is best, and American Express has traditionally protected purchases if they're lost, stolen, damaged.

There was also a time when you had to establish credit to get credit. No credit rating? No home purchase, simple as that. All that's probably going to change.

Jonathryn February 11, 2008 - 12:49pm

the only card to treat me decently was Discover. So that's the only one I use now.

Gordon February 10, 2008 - 9:41pm

I don't see a consumer strike as such coming. All the choice talk assumes that you can just costlessly walk from one mousetrap maker to another. There are a lot of entanglements. The difficulties, outrages even, aren't just credit cards. Regular banking, phone service, cable, broadband access, medical services, et al., all demand enormous time, more carefulness than most people devote to them, and more knowledge (I hate to seem disdainful, but I'd guess that the majority of Americans have pretty weak knowledge of very, very basic finance) than most have.

However, people do/will feel screwed. I just don't think that the usual response will be to punish only the greedy through considered action. It's the cynicism, the sense of victimization that's likely to be bad for the society. On the other hand, loss of regard for business is long overdue, so it may turn out well. But there will be more change than just a suddenly educated consumerate.

nihil obstet February 10, 2008 - 7:39pm

The only way to go. I haven't used a bank in 25 years.

Although for small business accounts B of A has a much better reputation. I would not use any bank for personal use, though.


“It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is the most adaptable to change.” ~ Charles Darwin

darwin February 10, 2008 - 10:54pm

Every state has usury laws:
http://www.lectlaw.com/files/ban02.htm

Problem is, as Wikipedia notes:

In 1980, due to inflation, national banks (banks that generally include N.A. in their name), federally chartered savings banks, installment plan sellers and chartered loan companies were exempted from state usury limits by the federal government through a special law. This effectively overrode all state and local usury laws.

http://en.wikipedia.org/wiki/Usury#Usury_rates_in_the_United_States

So, let's just repeal the god-damned (and I use that term accurately, I believe) 1980 law, and let states start cracking down again.

Also, I think it was here on the Agonist that someone noted that if we really want a fast, permanent stimulus that will really help the most people, we should mandate a drastic reduction in credit card interest rates. The impact is immediate.

Tony Wikrent February 10, 2008 - 11:35pm

The problem with businesses today is they are no longer satisfied with a normal profit; they expect an excess profit. A normal profit used to be considered somewhere around 10% above expenses.

These credit card companies have set up their main headquarters in states without good usuary laws. They've also been busy adding items to their card agreements that work very unfavorably to the consumer.
Items like universal default, for instance.

Don't bet on consumers not reacting to this latest move by B of A. I had the same experience back in July with Capital One. I received a notice that interest rates were rising and they could no longer offer a fixed rate and were switching everyone to a variable rate.

My fixed rate was 9.90% and I have a credit rating of over 800, and do carry a balance so there is no way I was a bad credit risk or that they weren't making money. I tried calling the phone number they gave to ask to stay on the fixed rate but it was no dice.

I think they did not like it I was making huge payments in an effort to pay off my card in less than a year. I cancelled and paid off the card and wrote them a letter telling them about all the anti-consumer clauses they've been putting in their agreements and also told them the switch to a variable rate was the last straw and I would not tolerate it. The offer was you could keep the fixed rate and pay off your card if you declined to accept the variable rate that was over 15% at the time.

After I refused to accept the switch I read that many, many of Capital One's cardholders had done the same.

I think there is hope that Bank of America will get the same results.

K O February 11, 2008 - 2:41am

After Capitol One hiked my interest from 4.9 to 9.9 due to a "business decision" they told me, I transferred my balance to BofA. my 0% became 9.9 plus a hefty transfer fee and a late fee when they did not send me my statement in November.

I paid off the last of the balance and am closing all credit cards, period. I've had credit cards for 20 years and never had a problem until about two years ago. Crooks!!

I believe their failed business model is finally catching up. Extend credit to anyone with a pulse, and when they start losing their asses to delinquency/non-payment because of these lousy loan practices stick it to the ones who will pay, the ones with good credit.

I remember in the 80's-90's being told you neeeded credit and atleast one credit card. Or, "you will always have a car payment". Bah! The only party that benefits are the banks. If you don't have the money, don't buy it.

Yankee in exile February 11, 2008 - 8:37am

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