The Unfairness of the Universal Default Clause

Let's look at a real world example: A womanto lobby Washington, arguing it is the consumer that
purchased a new $4,000 large screen TV a fewneeds to be held accountable to the terms and
months ago based on the knowledge her monthlyconditions of the contract, neglecting the most
payment was going to be $175, and based on theimportant element, that they are equally accountable
9% interest rate charged by her credit cardto the same terms and conditions of the agreement.
company. For five months straight she made all herThe Clause was introduced in the mid nineteen-
payments on time, but in the fifth month she wasnineties, after seeing an influx of bankruptcy filings in
late paying her mortgage bill, for reasons unknown.America. The credit card industry, fearing huge
She found out a month or two later that her creditlosses, decided to enact this little known clause
card company doubled her interest rate to 18%, thusreferred to as "The Universal Default Clause". Simply
increasing the payment for the TV to about $190stated, they feel the credit card companies should
per month. Even though she was never late on anyhave the right to increase one's APR if a consumer is
other payments, she found most of her other creditlate on any other credit card or debt entity, including
cards raised their interest rates as well. Even her caroutside bills such as phone, cable or utilities. This
insurance company raised their rates. The net effectclause is purely an excuse to collect more money for
was she ended up paying nearly $200 per monthcredit card companies who invoke the clause.
more because she was late on a single mortgageSurprisingly enough it comes at a time when many
payment.cardholders need monthly relief, not additional financial
This is a common result of a very little known orstrain. This clause creates a natural conflict between
understood clause found in nearly every credit cardcardholders and credit card companies, and generates
agreement today. How would you feel if thean adversarial relationship that leaves everyone bitter.
company who sold you a product, based on certainAccording to the Office of the Comptroller of the
arrangements (including the interest rate), called youCurrency (OCC) this is considered an unfair practice
up and said they were increasing your monthlyand has recently labeled it "Unacceptable". The Clause
payment for reasons that have absolutely nothing tois usually hidden under the "Other APR's" section.
do with them? Is this really fair?My Advice: Please read each credit application
Let's take this a step further. Could any customer callcarefully and avoid any card with this clause. Currently
a company, that had sold them a particular productout of 45 banks issuing 144 cards, 44% use the
on payments, and tell them the re-payment to theUniversal Default Clause.
company will now be lower because they had missedPhil Andrews is currently the VP of Business
a payment to one of their suppliers? Of course not.Development for Precept Financial Solutions, a leading
This Universal Clause is extremely one- sided, makingdebt settlement firm based in Dallas, Texas. For more
consumers victims of what one could easily ascertaininformation, go to or call toll free 800-584-0855 and
as an unjust and unmerited practice.press option 2.
Yet many powerful credit card companies continue