Posted by Todd Zywicki:
Credit Card Issuers Reimposing Annual Fees in Response to New Card Regs:
http://volokh.com/archives/archive_2009_08_16-2009_08_22.shtml#1250902152


   Some of the provisions of the the Credit Card Accountability
   Responsibility and Disclosure Act of 2009 are now effective. CEI's
   Hans Bader [1]has an excellent summary of some of the unintended
   consequences of this "consumer protection" measure--well, actually,
   most of them, such as the return of annual fees, was fully predicted:

     In response to the new law, some credit card companies are starting
     to charge annual fees on their credit cards to protect themselves
     against potential losses. Others will likely drop their rewards
     programs, or stop giving customers� percentage rebates on credit
     card purchases. For example, I and my wife get 3% to 5% back on
     most of our credit card purchases.

     One of my co-workers just emailed me that since the new law, he
     will now be charged an annual fee on what he calls �the best reward
     card I ever found.� It�s the same card I use for many of my
     purchases.

     The new law is supposed to �protect� cardholders. But what it
     really does is transfer wealth from people who pay off their credit
     card bills at the end of every month, (or have good enough credit
     that the credit card company would not likely have increased their
     interest rate anyway) to people with bad credit who have run up big
     balances.

     If you make it harder for credit card companies to charge risky
     people higher rates than responsible people, they�ll increase rates
     for everyone, or make it harder for people to get credit cards in
     the first place.

   Let me stress one point: annual fees are a uniquely pernicious form of
   term re-pricing by credit card issuers to deal with limits on their
   ability to price other terms at market rates. First, they dampen
   market competition because once a consumer pays an annual fee he has
   essentially made a capital investment and is locked into that card for
   the year. And if he switches cards, he has to pay another annual fee.
   Second, they dampen competition because they are a tax on
   multiple-card holding. Right now card issuers compete for my business
   every single time I make a purchase and I can decide which card to use
   for every transaction. Third, consumer surveys over many decades show
   that annual fees are the least-liked term by consumers of all credit
   card terms. Finally, as Hans suggests, annual fees are imposed on all
   card holders, good and bad risks and responsible and irresponsible
   users alike. Thus, they have extremely questionable redistributional
   consequences among card users.

   More regulations go into effect next year, so look for more offsetting
   changes to your credit cards: more annual fees, higher interest rates,
   less-generous rewards, higher penalty fees, lower credit lines, and
   less access to credit.

   Perhaps someday somewhere a free lunch will be discovered, but it
   won't be with respect to this legislation.

References

   1. 
http://www.examiner.com/x-7812-DC-SCOTUS-Examiner~y2009m8d21-New-Credit-Card-Law-Eliminates-Cash-Back-and-Rewards-Programs-Harms-Responsible-People

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