Saturday November 21, 2009
DOUG CARPENTER ISN'T a lawyer or a banker, nor does he work for a government agency or a consumer watchdog group. So why is the owner of a part-time, home based computer business in Cleveland, Tenn., so well-versed in the minutiae of an appellate court case in New Jersey, usury laws in Utah and the contents of American Banker magazine?
Such esoteric pursuits are a form of self-defense for Carpenter, who is among a growing number of frustrated small business credit card holders to be victimized by what he terms "rate-jacking" – unexpected, seemingly unwarranted and significant credit card interest rate increases imposed with little or no notice.
The timing could be better for already shell-shocked small-business owners, who nowadays must rely more than ever on plastic to cover their cash flow and capital needs in light of tightening credit markets. In a survey, the National Small Business Association reports that 49 percent of its members used credit cards in the past 12 months to finance their businesses, an increase of 20 percent. Meanwhile, 69 percent reported that the terms of their credit cards are worsening.
"A lot of small businesses that operate on the edge financially, like contractors, are really getting killed by [APR] increases," Carpenter says.
No longer are rate-jacking victims mostly tardy bill-payers. Even business owners like Marilyn Landis are being ambushed. Landis and others pay their bills on time, have strong credit scores and painstakingly comb through all communications from their credit card companies; yet, their rates are going up. Landis is an unusual case, having spent 30 years in the banking industry prior to founding Basic Business Concepts Inc., a Pittsburgh, Pa., firm that provides CFO services to businesses.
Like many of her clients of late, Landis is a rate-jacking victim. She says the issuer of her business credit card shortened the payment window on her card by six days over a six-month span, without notice or explanation. "The most diligent, most careful business owners are still getting hurt," says the former NSBA chair. "You think you're in control. But when you have a contract that can and does change at will, without notice, there's no way of knowing what's going to happen next. It's a bit like Alice in Wonderland."
Federal regulators and lawmakers appear bent on putting an end to unfair and abusive practices by credit card companies; the NSBA has even made credit card reform one of its top priorities for 2009. But for many small-business owners, the damage has been done. After seeing the APR on her business card jump from 4 percent to 14 percent to 31 percent in a three-week span, despite consistently paying her bills on time, Ashleigh Farrell, who with her husband owns two small companies in Denver, 5280 Home Construction and Bella B Maternity, stopped using the card altogether. "Luckily," she says, "I've been able to finance the maternity company with our construction company."
Business owners who lack that flexibility aren't so lucky. Carpenter has seen drops in both his personal credit score and his business card credit limit in the wake of a dispute he had with a card issuer over an APR increase of 20 percent that he claims came without warning or justification.
The internet is awash with complaints from disgruntled rate-jacking victims. And now there are strong indications that class-action suits against card-issuing institutions are afoot. But litigation takes time and money. What steps can you take now to avoid rate-jacking? And if it does happen to you, what can you do to minimize the damage? Here are some battle-tested – though certainly not fool-proof – suggestions to avoid APR increases: