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Surprise: Stuff You Buy With Your Credit Card Could Be Repossessed!

MrConsumer recently applied for a new credit card and was shocked to see a particular clause in the credit card agreement. [See identical clause from a different credit union.] It said the credit union was taking a security interest in any goods I purchased with the card.

*MOUSE PRINT:

security interest

That means if I don’t pay my credit card bill, they could theoretically come to my house and repossess that big screen TV set I might have bought to watch the Super Bowl, or deduct the delinquent part of my unpaid balance from any savings accounts I have at the credit union.

We normally think of a security interest arising when taking out a mortgage on a house or buying a new car, but not when buying a refrigerator. Nonetheless, if your credit card issuer tucked a security interest clause in your credit card agreement, and depending on the wording they used, they could repossess that still unpaid for big-ticket item.

They will have to follow state law, which might impose restrictions such as the security interest does not apply to items under $200, or they can’t disturb the peace in the repossession process, or they have to get a court order first, etc. See some rules that apply in New York State, for example.

We’ve reported on various unexpected and sometimes funny clauses that have been secretly tucked into various contracts (see, for example, story one, story two), but this one raises potentially serious issues for those who fall behind in their credit card payments.

Does your credit issuer use one of these security interest clauses? To check, see if the Consumer Financial Protection Bureau has your bank’s credit card disclosure form in their database.

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How Quickly Do Free Credit Monitoring Services Alert You When Someone Accesses Your Credit Report?

Like many people, MrConsumer has had a variety of ID theft notification services that have been offered by various companies that have experienced a data breach. He has also signed up for some from financial websites that offer credit monitoring as a free benefit. All these plans are supposed to be an early warning system to alert you when someone applies for credit in your name or when there are major changes to your credit report. If it was a crook and not you, a quick call could stop that new credit line from being opened.

On January 6, a little before 1 PM, I applied for a new credit card. I got an email confirmation of my application from the bank at 12:58 PM and received almost instant approval. Seconds after that, also at 12:58 PM, I received an email from Experian entitled, “Alert: Change to your credit file detected, Edgar.” It alerted me that a bank/credit card inquiry had been made on my account. Wow! How is that for being on the ball? However, it wasn’t until 24 days later that I received an alert from them that a new trade line (account) had been opened and added to my credit report. This service from Experian is called CreditWorks Basic, and it only monitors activity on Experian credit reports and not the other two credit reporting agencies — Equifax and Trans Union.

But what about all the other ID theft notification services I had subscribed to? How fast did I receive alerts from them?

*MOUSE PRINT:

Credit Monitoring chart

Experian’s other service offered to AAA members didn’t notify me of the credit application until the next day, and CapitalOne took three days. Worse, none of the other services ever let me know that someone (me) was applying for credit. Why is that?

We asked an Experian executive and found out that credit bureaus don’t generally share inquiries made by lenders with their competitors. In other words, if you apply for a credit card and the card issuer gets your credit report from Experian, Experian doesn’t share that information with Trans Union or Equifax.

If you don’t happen to have a credit monitoring service that explicitly watches the credit bureau which was contacted for a copy of your credit report by the lender, you are likely to never get a notice that someone has accessed your file. Yikes! If your monitoring plan is connected to the bureau from which your credit file was pulled, you will likely get an instant notification. So had my new credit card company asked Trans Union or Equifax for my credit file rather than Experian, services that monitor those companies would also have notified me either immediately or very soon after my application.

Now how come all the monitoring services took about a month to notify me that a new credit account had been added to my credit file? It is common practice in the industry for credit grantors to only let the credit bureaus know of a new account after the first statement is rendered. And that is typically close to a month after the account was actually opened.

So, what does all this mean for you? The best protection against anyone applying for credit in your name is to lock or freeze your credit file at all three credit reporting agencies. But if you want an early warning whenever anyone, including yourself, applies for credit in your name, you need all three bureaus to be monitored with one service (a three-bureau report) or a combination of ID theft protection services.

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Honest Tea Making Less Than Honest Low Sugar Claims

The Center for Science in the Public Interest (CSPI) says that Honest Tea, a bottled beverage manufactured by The Coca-Cola Company, is making an implied “low sugar” claim that is prohibited by federal law.

In particular, adorning the top of each bottle of Honest Tea is the claim “Just a Tad Sweet.” Most people would probably understand this to mean that this was a drink low in sugar, and therefore more healthy than a full-sugar drink.

*MOUSE PRINT:

Honest Tea

A close look at the back label with the nutrition facts disclosure reveals that this 16.9 ounce bottle contains 25 grams of sugar. As we’ve reported previously, most consumers have no idea how to convert metric measurements on product labels to more commonly understood ones. In this case, this “tad sweet” product has six teaspoons of sugar. No reasonable consumer would say that that amounts to just a “tad.” The product is loaded with sugar.

So CSPI has sent a letter to the Food and Drug Administration urging them to take immediate enforcement action against the company, and to consider coming out with rules defining when “low sugar” claims can be made. And a proposed class action lawsuit has already been filed in New York.

You can learn more about the issue of low sugar claims and Honest Tea here.

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