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Sunday, April 22, 2007

 

Help is on the way: New 
laws pending in Congress

By Maricel V. Cruz Reporter

Eight bills and resolutions—classified as legislation of both national and local importance—have been filed in the House of Representatives to address the consumers complaints and other issues related to credit cards since the Thirteenth Congress in 2004. All of them are still pending at various committees.

These are:

House Bill 00121: An act providing for protection to consumers in their credit-card transactions, otherwise known as the Credit Card Consumer Protection Act of 2004, authored by then-Rep. Joey Salceda of Albay.

The rationale for the bill is: In view of continuing complaints raised against credit-card companies for double charging, high interest, penalties, financing and other charges, there is a need to review the issuance of credit cards to protect the interests of consumers.

Salceda’s proposal seeks to protect consumers from deceptive price increases for goods and services by prohibiting unfair credit-card surcharges. It aims to encourage the availability of discounts given by retailers who wish to offer lower prices for goods and services purchased through the use of credit cards.

The bill was filed on July 1, 2004, and is pending with the House Committee on Trade and Industry since July 27, 2004.

HB 01191: An act providing for protection to consumers in their credit-card transactions, otherwise known as the Credit Card Consumer Protection Act of 2002. The bill is filed by Rep. Felix Alfelor of Camarines Sur, vice-chairman of the House Committee on Banks and Financial Intermediaries. He filed it on August 2, 2004.

Alfelor’s bill provides for stiff punishments for unauthorized use of credit card and billing errors and prohibits retailers from imposing surcharges on purchases made through credit cards. The bill has been pending with the trade and industry committee since August 2, 2004.

HB 01194: An act declaring it unlawful for financial establishments and other entities engaged in the credit-card business to charge interest rates exceeding 42 percent per annum, including penalty for late payment and other finance charges and providing penalties therefore.

It was also Alfelor, who authored the bill on August 2, 2004. It has been pending with the House Committee on Trade and Industry since then.

The bill imposes a fine of P100,000 and imprisonment of three to six years for violators of this act.

HB 0153: An act prohibiting merchandising stores from charging more than the cash retail price of goods purchased with credit cards and prescribing penalties for any violation thereof.

The bill was authored by Rep. Edcel Lagman of Albay, vice-chairman of the House Committee on Trade and Industry. It was filed on July 7, 2004, and pending with the House Committee on Trade and Industry since August 8, 2004.

The bill declares it unlawful for any merchandising store to charge consumers with more than the actual cash retail price of the goods purchased when such purchase is done with the use of a credit card. It prescribes a penalty of six months to one year imprisonment or a fine of P20,000 to P100,000.

HB 02946: An act providing protection to credit-card holders by setting a ceiling on interest rates and surcharges and prohibiting hidden penalties or costs imposed by banks and similar financial institutions on purchases and cash advances made through such credit facility.

The bill was authored by Rep. Amelita Villarosa of Occidental Mindoro and filed on October 25, 2004; currently pending with the House Committee on Banks and Financial Intermediaries since the date of filing.

The bill sets the interest rate limit, which may be imposed by credit-card companies at not more than 1 percent per month, or 12 percent per annum, without compounding. It also limits the surcharges or penalties to a ceiling of 1 percent per month without compounding.

House Resolution 00937: Resolution calling for a thorough investigation, in aid of legislation, into the alleged unlawful activities committed by credit-card companies regarding the unfair collection practices to the prejudice of the credit-card holders.

Rep. Catalino Figueroa of Samar authored the resolution on September 9, 2005, and adopted and approved on second reading in plenary on January 18, 2006. It has been pending with the House Committee on Trade and Industry since the date.

HR 01291: Resolution directing the House Committee on Banks and Financial Intermediaries to conduct an investigation, in aid of legislation, relative to the conduct of Bankard and other credit-card companies to continuously charging its clients notwithstanding notice thereof regarding the termination of the relationship between the credit-card holder and the retailer (merchant affiliate).

Rep. Harlin Cast Abayon of Northern Samar introduced the resolution, which was adopted and approved on second reading for committee action on October 10, 2006.

HR 01454: Resolution requesting the Committee on Oversight to conduct an inquiry, in aid of legislation, into the policies being adopted by various credit-card institutions in the light of numerous complaints of the card holders.

The resolution was filed by Rep. Danilo Suarez of Quezon, which was adopted for committee action on February 20, 2007.

   
 

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