Jump to content

CC Agreement disclosure question


Recommended Posts

On the CFPB website, they say:

Quote

By law, the issuer must make your agreement available to you upon request.

http://www.consumerfinance.gov/credit-cards/agreements/

I have found the part of the TILA where the issuers are required to disclose the various terms when the account is opened and where they are required to post their agreements online, but I don't find anything that says they are required to provide "your" agreement "upon request".  What is this law?

Link to comment
Share on other sites

Quote

 

12 CFR 226.58

(e) Agreements for all open accounts

(1) Availability of individual cardholder's agreement. With respect to any open credit card account, a card issuer must either:

(i) Post and maintain the cardholder's agreement on its Web site; or

(ii) Promptly provide a copy of the cardholder's agreement to the cardholder upon the cardholder's request. If the card issuer makes an agreement available upon request, the issuer must provide the cardholder with the ability to request a copy of the agreement both by using the issuer's Web site (such as by clicking on a clearly identified box to make the request) and by calling a readily available telephone line the number for which is displayed on the issuer's Web site and clearly identified as to purpose. The card issuer must send to the cardholder or otherwise make available to the cardholder a copy of the cardholder's agreement in electronic or paper form no later than 30 days after the issuer receives the cardholder's request.

 

 

  • Like 1
Link to comment
Share on other sites

Awesome!  That's what I was looking for.

But now I see another problem.

Quote
(6) Open account. For purposes of this section, an account is an “open account” or “open credit card account” if it is a credit card account under an open-end (not home-secured) consumer credit plan and either:
(i) The cardholder can obtain extensions of credit on the account; or
(ii) There is an outstanding balance on the account that has not been charged off. An account that has been suspended temporarily (for example, due to a report by the cardholder of unauthorized use of the card) is considered an “open account” or “open credit card account.”

If the account has been charged off, they are no longer obligated to provide the agreement upon request under this law.

Link to comment
Share on other sites

Maybe not obligated according to that but they don't seem to use that as an excuse after the former cardholder can't get their agreement from the OC. Amazingly the OC has the records all along after a CFPB complaint is filed, just wants to setup roadblocks.

I'd also say you'd have to see the exceptions in those CFPB orders which require the account agreements to be provided when they're going after a consumer.

I think the other excuse they use is for applications and other records, where they state they only have to hold onto them for two years. Interestingly, they no longer have these records but are able to state the consumer never disputed with the OC. So, are they getting that detail from non-existent records?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.