back to table of contents pp. 434-447 chapter 27 your credit and the law
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Back to Table of Contents
pp. 434-447
Chapter 27Your Credit and the Law
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Introduction to Business, Your Credit and the Law Slide 2 of 60
Learning ObjectivesLearning ObjectivesAfter completing this chapter, you’ll be After completing this chapter, you’ll be able to:able to:
1.1. ExplainExplain how government protects credit rights.
2.2. Name Name federal laws that protect consumers.
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Introduction to Business, Your Credit and the Law Slide 3 of 60
Learning ObjectivesLearning ObjectivesAfter completing this chapter, you’ll be After completing this chapter, you’ll be able to:able to:
3.3. Identify Identify consumers’ credit rights.
4.4. Describe Describe how to handle credit problems.
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Introduction to Business, Your Credit and the Law Slide 4 of 60
Why It’s ImportantWhy It’s Important
To maintain a good credit rating you have specific rights and protections under the law.
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Introduction to Business, Your Credit and the Law Slide 5 of 60
Key WordsKey Words
usury lawConsumer Credit Protection Acttruth-in-lending disclosureEqual Credit Opportunity ActFair Credit Reporting ActFair Credit Billing Act
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Introduction to Business, Your Credit and the Law Slide 6 of 60
Key WordsKey Words
collection agentFair Debt Collection Practices Actcredit counselorconsolidation loanbankruptcy
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Introduction to Business, Your Credit and the Law Slide 7 of 60
Protecting Your Credit RightsProtecting Your Credit Rights To protect consumers, the federal and state governments control and regulate the credit industry.
A law restricting the amount of interest that can be charged for credit is called a usury law.
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Introduction to Business, Your Credit and the Law Slide 8 of 60
Consumer Credit Protection ActConsumer Credit Protection Act To make comparing credit costs easier, Congress passed the Consumer Credit Protection Act, also known as the Truth in Lending Law.
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Introduction to Business, Your Credit and the Law Slide 9 of 60
Truth-in-Lending DisclosureTruth-in-Lending Disclosure All costs of borrowing must be made known to the consumer.
These costs are provided in the truth-in-lending disclosure that a creditor gives to a borrower.
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Introduction to Business, Your Credit and the Law Slide 10 of 60
Truth-in-Lending DisclosureTruth-in-Lending Disclosure The two ways that the cost of credit must be expressed are:
• The dollar cost of credit, or the total finance charge
• The annual percentage rate (APR)
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Introduction to Business, Your Credit and the Law Slide 11 of 60
Truth-in-Lending DisclosureTruth-in-Lending Disclosure The truth-in-lending disclosure also states the credit terms and conditions.
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Introduction to Business, Your Credit and the Law Slide 12 of 60
Advertising CreditAdvertising Credit According to the Truth in Lending Law, a credit advertisement must tell the number of payments, the amount, and the period of payments.
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Introduction to Business, Your Credit and the Law Slide 13 of 60
Protecting Card OwnersProtecting Card Owners The Truth in Lending Law states that If your credit card is lost or stolen and used by someone else, your payment for any unauthorized purchases is limited to $50.
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Introduction to Business, Your Credit and the Law Slide 14 of 60
Protecting Card OwnersProtecting Card Owners The Truth in Lending Law also states that credit card companies are not allowed to send cards to consumers who didn’t request a credit card.
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Introduction to Business, Your Credit and the Law Slide 15 of 60
Equal Credit Opportunity ActEqual Credit Opportunity Act The Equal Credit Opportunity Act says that a credit application can be judged only on the basis of financial responsibility.
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Introduction to Business, Your Credit and the Law Slide 16 of 60
Equal Credit Opportunity ActEqual Credit Opportunity Act The three reasons for denying credit are:
• Low income • Large current debts • A poor record of making payments in
the past
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Introduction to Business, Your Credit and the Law Slide 17 of 60
Equal Credit Opportunity ActEqual Credit Opportunity Act The Equal Credit Opportunity Act requires that all credit applicants be informed of whether their application has been accepted or rejected within 30 days.
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Introduction to Business, Your Credit and the Law Slide 18 of 60
Figure27.1 FEDERAL AGENCIES THAT ENFORCE THE LAW
The law gives you certain rights as a credit consumer.
What types of complaints about a creditor might you report to these government agencies?
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Introduction to Business, Your Credit and the Law Slide 19 of 60
Fair Credit Reporting ActFair Credit Reporting Act When you apply for and use credit, the information goes into a file at one or more credit bureaus.
A credit file includes personal, employment, and financial information.
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Introduction to Business, Your Credit and the Law Slide 20 of 60
Fair Credit Reporting ActFair Credit Reporting Act
The Fair Credit Reporting Act was passed because of concerns about the accuracy of credit file information.
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Introduction to Business, Your Credit and the Law Slide 21 of 60
Right to KnowRight to Know The Fair Credit Reporting Act gives you the right to know what’s in your credit file.
If incorrect information is found, it must be removed from your file after the situation is examined.
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Introduction to Business, Your Credit and the Law Slide 22 of 60
Right to Be NotifiedRight to Be Notified The Fair Credit Reporting Act states that you must be notified when an investigation is being conducted on your credit record.
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Introduction to Business, Your Credit and the Law Slide 23 of 60
Right to PrivacyRight to Privacy According to the law, only authorized persons can see a copy of your credit report.
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Introduction to Business, Your Credit and the Law Slide 24 of 60
Corporations also get credit ratings. Standard & Poor’s assigns ratings to corporations based on several factors. A company’s market position and how it will grow in the near future are considerations.
continued
Financial Flexibility
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Introduction to Business, Your Credit and the Law Slide 25 of 60
The financial situation of a corporation is also important. Finally, Standard & Poor’s considers the risk associated with the company’s industry. Technology, for example, has a high degree of risk.
continued
Financial Flexibility
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Introduction to Business, Your Credit and the Law Slide 26 of 60
Why do you think technology companies are considered risky?
Analyze
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Introduction to Business, Your Credit and the Law Slide 27 of 60
Fair Credit Billing ActFair Credit Billing Act The Fair Credit Billing Act requires creditors to correct billing mistakes brought to their attention.
The law also requires that consumers be informed of the steps they need to take to get an error corrected.
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Introduction to Business, Your Credit and the Law Slide 28 of 60
Notify the CreditorNotify the Creditor The first step in correcting errors is to notify the creditor in writing.
If the creditor made the mistake, you don’t have to pay any finance charge on the amount in error.
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Introduction to Business, Your Credit and the Law Slide 29 of 60
Stop PaymentStop Payment The Fair Credit Billing Act permits consumers to stop a credit card payment for items that are damaged or defective.
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Introduction to Business, Your Credit and the Law Slide 30 of 60
Figure27.2 WHAT IF YOU’RE DENIED CREDIT?
Sometimes you can be denied credit because of information from a credit report. The law requires credit card companies to correct inaccurate or incomplete information in your credit report.
Is it best to request changes of incorrect information by letter rather than by phone?
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Introduction to Business, Your Credit and the Law Slide 31 of 60
Fair Debt Collection Fair Debt Collection Practices ActPractices Act
A collection agent is a person or business that has the job of collecting overdue bills.
Before this act, collection agents could use any method they chose to collect.
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Introduction to Business, Your Credit and the Law Slide 32 of 60
Fair Debt Collection Fair Debt Collection Practices ActPractices Act
The Fair Debt Collection Practices Act (FDCPA) regulates the practices of collection agents.
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Introduction to Business, Your Credit and the Law Slide 33 of 60
Fair Debt Collection Fair Debt Collection Practices ActPractices Act
Collection agents must identify themselves to the people whose bills they’re trying to collect.
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Introduction to Business, Your Credit and the Law Slide 34 of 60
Fair Debt Collection Fair Debt Collection Practices ActPractices Act
Collection agents can’t tell others about the debt.
Collection agents can’t contact a person at work if the employer doesn’t permit it.
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Introduction to Business, Your Credit and the Law Slide 35 of 60
Fair Debt Collection Fair Debt Collection Practices ActPractices Act
If they use the phone, collection agents can’t keep calling all the time or pretend to be someone else.
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Introduction to Business, Your Credit and the Law Slide 36 of 60
Fair Debt Collection Fair Debt Collection Practices ActPractices Act
Collection agents can’t state the amount of a debt on a postcard that a neighbor or someone else might see.
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Introduction to Business, Your Credit and the Law Slide 37 of 60
Graphic OrganizerConsumer Credit RightsConsumer Credit Rights
Graphic OrganizerGraphic Organizer
Consumer Credit Protection Act
Equal Credit Opportunity Act
Fair Credit Reporting Act
Fair Credit Billing Act
Fair Debt Collection Practices Act
Right to know costsand terms of credit
Right to fair opportunityto obtain credit
Right to knowwhat’s in your credit file
Right to have billingmistakes resolved
Right to be protectedfrom collection agencies
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Introduction to Business, Your Credit and the Law Slide 38 of 60
Making an Ethical Decision
1. Does a credit card company have the right to call customers whose payment is overdue?
2. How does the Fair Debt Collection Practices Act protect consumers?
continued
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Introduction to Business, Your Credit and the Law Slide 39 of 60
Making an Ethical Decision
3. Is a credit card company that uses recorded messages rather than live callers to collect late payments following the spirit of the law? Why or why not?
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Introduction to Business, Your Credit and the Law Slide 40 of 60
Enforcing the LawsEnforcing the Laws The Federal Trade Commission (FTC) is responsible for enforcing the laws on credit.
The FTC also helps consumers with credit problems.
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Introduction to Business, Your Credit and the Law Slide 41 of 60
Enforcing the LawsEnforcing the Laws On the state level, you can contact your state banking department about credit problems.
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Introduction to Business, Your Credit and the Law Slide 42 of 60
Enforcing the LawsEnforcing the Laws A consumer protection division of your state attorney general’s office deals with complaints that other government agencies might not handle.
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Introduction to Business, Your Credit and the Law Slide 43 of 60
Fast Review
1. What does the usury law do?
2. In what two ways must the cost of credit be expressed in a truth-in-lending disclosure?
continued
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Introduction to Business, Your Credit and the Law Slide 44 of 60
Fast Review
3. What are the only three reasons a person can be denied credit according to the Equal Credit Opportunity Act?
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Introduction to Business, Your Credit and the Law Slide 45 of 60
Fast Review
4. Name the three rights the Fair Credit Reporting Act guarantees.
5. What does the Fair Debt Collection Practices Act prevent collection agents from doing?
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Introduction to Business, Your Credit and the Law Slide 46 of 60
Credit CounselingCredit Counseling A credit counselor can help you revise your budget, contact creditors to arrange new payment plans, or help you find other sources of income.
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Introduction to Business, Your Credit and the Law Slide 47 of 60
Consolidating DebtsConsolidating Debts A consolidation loan combines all your debts into one loan with lower payments.
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Introduction to Business, Your Credit and the Law Slide 48 of 60
Consolidating DebtsConsolidating Debts The two problems with a consolidation loan are:
• There is usually a high interest rate because people who get such loans are considered poor credit risks.
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Introduction to Business, Your Credit and the Law Slide 49 of 60
Consolidating DebtsConsolidating Debts
• Because there is only one monthly payment, you might feel that the credit problem is under control and start charging new purchases.
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Introduction to Business, Your Credit and the Law Slide 50 of 60
BankruptcyBankruptcy Bankruptcy is a legal process in which you are relieved of your debts, but your creditors can take some or all of your assets.
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Introduction to Business, Your Credit and the Law Slide 51 of 60
BankruptcyBankruptcy When bankruptcy is declared for reorganization purposes, the debtor, the creditor, and a court-appointed trustee come up with a plan to repay the debt on an installment basis.
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Introduction to Business, Your Credit and the Law Slide 52 of 60
BankruptcyBankruptcy You should avoid bankruptcy because it gives you a bad credit record.
Recent changes in the law have made it harder to declare bankruptcy.
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Introduction to Business, Your Credit and the Law Slide 53 of 60
Credit ServicesCredit Services Some companies will provide credit even if your credit rating is poor or if you have been denied credit in the past.
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Introduction to Business, Your Credit and the Law Slide 54 of 60
Credit ServicesCredit Services Some companies charge a fee to “clean up” your credit rating but they’re seldom able to restore a bad credit rating.
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Introduction to Business, Your Credit and the Law Slide 55 of 60
Credit ServicesCredit Services If you need a credit counselor, you can check with your Better Business Bureau or Chamber of Commerce to recommend one to you.
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Introduction to Business, Your Credit and the Law Slide 56 of 60
Fast Review
1. What are the two problems with a consolidation loan?
2. What effect does declaring bankruptcy have?
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Introduction to Business, Your Credit and the Law Slide 57 of 60
How might identity theft affect your credit history?
What should you do if your debit card is lost or stolen?
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Introduction to Business, Your Credit and the Law Slide 58 of 60
If someone steals your credit card, by federal law, how much are you responsible to pay?
continued
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Introduction to Business, Your Credit and the Law Slide 59 of 60
How can you make sure all online transactions are secure?
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