HB 553

1
A bill to be entitled
2An act relating to credit card rates; defining the terms
3"cardholder" and "issuer"; prohibiting an issuer of a
4credit card from including a universal default clause in
5the issuer's credit card contract or agreement with a
6cardholder; prohibiting an issuer from increasing the
7interest rate of a cardholder if the cardholder is late
8with a payment to another credit card issuer; providing an
9exception; prohibiting an issuer from increasing the
10interest rate of a cardholder if the cardholder has
11incurred additional debt pursuant to a home equity line of
12credit or home equity loan, but has otherwise continued to
13make timely payments to the issuer of the credit card;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Credit card rates; limitations.--
19     (1)  As used in this section, the term:
20     (a)  "Cardholder" means the person or organization named on
21the face of a credit card to whom or for whose benefit the
22credit card is issued by an issuer.
23     (b)  "Issuer" means the business organization, state or
24federal government, or financial institution, or its duly
25authorized agent, which issues a credit card.
26     (2)  An issuer may not include in the credit card contract
27or agreement a universal default clause that increases the
28interest rate paid by the cardholder due to the cardholder
29making a late payment to another credit card issuer or creditor.
30     (3)  An issuer may not increase the interest rate paid by a
31cardholder if the cardholder:
32     (a)  Is late with a payment to another credit card issuer
33or creditor, unless the cardholder is also late with a credit
34card payment to the issuer.
35     (b)  Has incurred additional debt pursuant to a home equity
36line of credit or home equity loan, but has otherwise continued
37to make timely payments to the issuer of the credit card.
38     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.