OMG!!!! First Premier is getting nasty with new terms!

[jojo67]

*** NOTICE OF CHANGE IN TERMS ***

Your credit card agreement will be amended as set forth below. The EFFECTIVE DATE of these changes is July 1. 2005 The changes are as follows:

***The Arbitration Location and Procedure provisions are amended to delete JAMS/Endispute as a national arbitration organization under which a party may file its claim. All references to JAMS and/or Endispute in your credit card agreement are deleted. Neither you nor we may file a claim with JAMS/Endispute.

***provisions regarding Visa and MasterCard procedures for foreign currency transaction processing are clarified. These provisions are also amended to provide that the 1.0% fee applicable to foreign currency transactions will be charged separately by us rather than included in the Visa or MasterCard foreign currency settlement. The paragraph in your agreement entitled “Transactions in Foreign Currencies” is deleted in its entirety and replaced with the following:

“If you make a transaction in foreign currency, it will be converted into U.S. Dollars, and you agree to accept the converted amount. Visa USA Inc. or MasterCard Intemational, Inc. will use its currency conversion procedures in effect when processing the transaction. The currency conversion rate will be a rate selected by Visa or MasterCard, as applicable, from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa or MasterCard itself receives, or the govemment-mandated rate in effect for the applicable central processing date, in

each instance, plus a foreign currency transaction fee of 1.0% of the transaction amount. This fee will be paid to us and applied to all transactions posted to your Account in a foreign currency, including all purchase transactions, cash advance transactions, ATM transactions, and returns and adjustments (e.g., for returned merchandise). The currency conversion rate used on the processing date may be different than the rate that was in effect on the date you conducted the transaction. We do not set the currency conversion rate, and we do not receive any portion of it. We do, however, receive the 1.0% foreign currency transaction fee.”

new section regarding cellular telephones is added to the “Other Terms and Conditions” section of your credit card agreement. This new section provides as follows:

Cellular Phone: If you provide a cellular phone number directly to us, or place a cellular phone call to us, you consent and agree to accept collection calls to your cellular phone from us. For any telephone or cellular phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages.

If you do not accept the changes, you must, not later than 25 days after July 1, 2005, notify us in writing at First PREMIER Bank, Correspondence Opt-Out, P.O. Box 5517, Sioux Falls, SD 57117-55 17, we must close your account and you can pay off your balance under the existing contract terms. Use of your card after July 1, 2005 is deemed to be an acceptance of the new terms, even if the 25-day period has not expired or even if you have previously notified us that you do not accept the changes.

CITOJOJ

[jojo67]

Especially concerning is regarding the "New Cell phone area"

NICE! .>>>> NOT! :'>

[Champion80]

I believe they are putting that Cell phone clause in their because of the new law that makes our cellphone numbers fair game for a calling list. I know there is a no-call list for cellphones but I havent googled it yet and found out where it is.

[wdspeedbump]

i believe that clause is in there because fdcpa forbids collectors to use a means of communication that costs the debtor money.

by agreeing to the terms in the clause, you would forfeit the protection of fdcpa as to that part .

jmho

[Xanathos]

I believe they are putting that Cell phone clause in their because of the new law that makes our cellphone numbers fair game for a calling list. I know there is a no-call list for cellphones but I havent googled it yet and found out where it is.

Cell phones have never been, and will never be, "fair game". The thing going around now is some group is compiling a list of cell numbers for *if* they ever do become that (and you have to request to be left off the directory) but that's about it.

Plus that, collection calls on a cell phone directly violate the FDCPA and one other Act I can't recall off the top of my head, as the calls essentially cost the consumer money for the purposes of collection, which is a no-no.

Doesnt' surprise me that FP is the first one to try and get consumer's to waive their protections under the Act.

The other part that really bakes my noodle is this:

Use of your card after July 1, 2005 is deemed to be an acceptance of the new terms, even if the 25-day period has not expired or even if you have previously notified us that you do not accept the changes.

Even if taken in the most harmless light, this is minor BS. HOWEVER....knowing FP and the bottom feeders that they are, you just KNOW they're going to tack on their "monthly fee" or the "prorated yearly membership fee" on to everybody's cards on like July 2nd or at the very least before FP gets around to closing the account or opening the letter stating the consumer doesn't agree to the new terms, and claim that as "usage and acceptance" of the new terms since it's card activity.

I can see it coming already.

[jojo67]

Cell phones have never been, and will never be, "fair game". The thing going around now is some group is compiling a list of cell numbers for *if* they ever do become that (and you have to request to be left off the directory) but that's about it.

Plus that, collection calls on a cell phone directly violate the FDCPA and one other Act I can't recall off the top of my head, as the calls essentially cost the consumer money for the purposes of collection, which is a no-no.

Doesnt' surprise me that FP is the first one to try and get consumer's to waive their protections under the Act.

The other part that really bakes my noodle is this:

Use of your card after July 1, 2005 is deemed to be an acceptance of the new terms, even if the 25-day period has not expired or even if you have previously notified us that you do not accept the changes.

Even if taken in the most harmless light, this is minor BS. HOWEVER....knowing FP and the bottom feeders that they are, you just KNOW they're going to tack on their "monthly fee" or the "prorated yearly membership fee" on to everybody's cards on like July 2nd or at the very least before FP gets around to closing the account or opening the letter stating the consumer doesn't agree to the new terms, and claim that as "usage and acceptance" of the new terms since it's card activity.

I can see it coming already.

So, what is my best option here? I really want to be done with FP, still owe 450 on this account, and I believe it charges it's anual fee in Oct, but need to check on this one. It's been my plan for some time now to get rid of this one, However, it is one of my oldest tl's so I've kept it for that purpose alone really. It has perfect payment history and open since 10/01

I'm really half tempted to let the FTC know about tem attempting to get consumers towaive thair rights, but we all know that won't do much.

[Xanathos]

The FTC knows. FP has been under investigation for a long time now. They're currently being sued by 12 Attorneys General.

Closing the account won't make much difference for you...I've never heard of a creditor denying a loan, a card, etc. on the basis that they only have 4 years of credit history. Most ppl keep the FP card for about a year until they can graduate to a card that doesn't jack them for enough fees to essentially make the card a recurring secured deal.

[jojo67]

The FTC knows. FP has been under investigation for a long time now. They're currently being sued by 12 Attorneys General.

Closing the account won't make much difference for you...I've never heard of a creditor denying a loan, a card, etc. on the basis that they only have 4 years of credit history. Most ppl keep the FP card for about a year until they can graduate to a card that doesn't jack them for enough fees to essentially make the card a recurring secured deal.

Really ?! Where did you find out about that? I'd love to read up on that one. I already closed the Visa a long time ago just kept the M/C because, I guess.

[Methuss]

It has been previously ruled several times that a consumer may not waive any rights under the FDCPA, so the provision in their agreement is unenforceable. As Xan and others pointed out, a collector may not use any means of communication in which the consumer incurrs a cost. Of course, for the FDCPA to have any direct bearing on them at all, they must also use a name which leads the consumer into a false belief that a 3rd party collector is contacting them. That provision will not protect ANY assigns.