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After much controversy, the Bank of Portugal (BDP) has been forced to send a circular letter to banks explaining under what conditions may be revised the spread charged on credit agreements for housing.
In that document, reiterated that can not be charged commission by the renegotiation or make it depend on the existence of other financial products.

“In view of the Bank of Portugal, Decree-Law No. 171-2008 only prohibits the charging of fees by the renegotiation of the loan renegotiation and conditioning of the acquisition of other financial products and services” refers to the Bank of Portugal in the letter, which the Financial Agency had access.

Law is silent and let banks decide regulator

In that document, states that the BDP, in Decree-Law in question, the legislator does not answer “on the effects of renegotiation in terms of housing loans.

Why not talk about it in the Act, the Bank of Canada says that “freedom is left to the parties’ stipulation to the new conditions of contracts, particularly in relation to the provision of new spreads.

The clarification comes after the regulator had been submitted several complaints from bank customers, not only with the BDP, but also from associations of consumer protection.

DECO received dozens of complaints

In May, the DECO told the FA has received 23 complaints from consumers who accuse the banks of rising spreads in an irregular way.

In new contracts, the bank is free to set a spread that view, but in the existing contracts, the increase is only allowed in very specific situations. According to the lawyer of the association of consumer protection, Carla Oliveira, banks can only raise the spreads if the contract so provides, taking the consumer to be notified of the increase, or if the spread is dependent on certain conditions, to leave to verify, for example, if the spread has a condition that the customer’s bank contracts with the institution and some more services in the middle of the contract, the customer decides to cancel some services (such as credit card, savings or investment products , etc.)..

“People were not only suspicious and warned that the spread had been increased because their benefit is reduced as much as it should, as a result of lower interest rates. That is, the bank was offset in some way, the decline of interest by preventing the delivery of lower, yet the lawyer said.

The American reward their customers with loans in minutes for pre-paid mobile phone from any carrier. Each purchase generates a real point and two thousand points generate U.S. $ 10 credit. But we must not spend U.S. $ 2 thousand to reach two thousand points. Participants of the program of loyalty credit card Maxi also accumulated Bonus points in the relationship with the bank.

The initiative comes from a willingness of the bank’s own customers. “We did a search with our base of customers who indicated that minutes on the phone pre-pay award was the most requested for redemption in the program of loyalty,” explains Marcelo Consentino, manager of the Banco Panamericano cards.

Furthermore, the Pan American Bank (Grupo Silvio Santos) begin to provide a very interesting solution to its customers. They may partial credit for the purchase of cellular pre-paid in up to three times without interest on the credit card (iota = R $ 10.00).

Political opponents are not enemies. You should consider them, respect. Some elegance in the deal is not too bad: lose it or win it. In times of vulgarity there who forget. Any knowledge gained is not lost and know: the attitude reveals something deeper. But that connection has been by far. The bitterness champion.

Why? There is no detachment. Whatever one may think about the issue, it is objective that is in all parties who have never work and only have ‘life’ policy or that policy are life (except that there are some – few cases – to focus exclusively policy with the loss of his professional life, but these are rarities). In both cases it is clear that did not work, but with only professionals in the policy or advantage of the policy to take more lives, desperately need to remain in any position of influence or reward. And this struggle for power can turn them into … fierce animal, to paraphrase someone, willing to do anything to continue.

They have an idea about the country, but a heavy and comprehensive manual on themselves. Talk, lunch, dinner, stroll, along marketizadas deeply. They live in constant vigil, give importance to things that have no leads – it very seriously, we see no reason, but finally. Hold everything you state (and public) and lately by what is not. They want to dominate everything that can not be criticized and create chains of dependence which still stuck to its subspecies. Treat the public as their thing, ridicule it in restaurants, smoking cigars tired (not smoked) and are ill at ease as not previously known. Do not read, decorate a few sentences from books that do not open. Wear the skin of lambs to sacrifice, if necessary.

Although the country has said in polls that have reached the current prime minister, should not underestimate. Socrates will become as the warriors of the political marketing so dictates. And how many now speak of humility, the Prime Minister will be humble. Maybe even calmer and sympathetic to their opponents. Not having to test the metamorphosis thousand times, only seemingly contrary to their nature (what is the same). And thanks to a motion of censure. Let us make no mistake, it will be.

The government of Argentina announced today the granting of a loan of $ 70 million to American General Motors (GM) to make in their factory in the country a new model of car.

The credit will be granted by the National Social Security Administration (Anses), public authority that manages the fund millionaires retirement system in Argentina and that in recent months has become important agents in the financial market.

“The loan of Anses ensure the employment of more than 2,200 highly skilled workers,” said the Argentine president, Cristina Fernández de Kirchner in an act done in the factory that GM has in the province of Santa Fe

A condition of the claim is that the car will be produced at the factory to be built entirely with Argentine auto, thus to stimulate local industry and of parts for cars.

The resources that Argentina lend to GM, which on Monday declared bankruptcy before the courts of the United States, representing 58% of the total investment will require the project called “Live” for the manufacture of a car 100% Argentine.

The company’s president for Latin America, Edgar Lourencon, stressed that “the support of the Argentine government was decisive at the time to think about the investment” necessary for the design of the new car, which will be launched for sale next year.

The Bank of Brazil intends to issue by the end of the year 100 thousand cards with American Express to flag high-income customers, which have different benefits. With the partnership announced today, the federal public bank will be the third issue of the American mark in the country – the others are Bradesco and HSBC. “American Express will be important to our customer base, high income and will contribute to the expansion of sales in the segment of cards,” said the director of the Cards BB, Molina Denilson.
The cards will be offered to customers “Style” (about 430 thousand) and are considered high-income – income exceeding U.S. $ 6 thousand monthly or having more than $ 100 thousand in applications. There are other 600 thousand to meet these requirements, but are not classified as “Style”. The base of consumers accounts for 20% of the revenue of the bank cards. The BB sees as a potential customer for American Express cards the 100 thousand high-income clients of Nossa Caixa.
The regional president of American Express for Latin America and the Caribbean, Carlos Pascual, said the partnership with the BB is in the strategy of the flag in Brazil, which is to relate to banks that have representation in the Brazilian market. The executive did not disclose what the basis of cards with American Express in the country flag
The BB has a base of debit cards and credit for 78.6 million units, with total transactions of $ 18 billion in the first quarter of the year. According to Molina, the growth in revenues is approximately 30%, compared with 24% of the market. By adding the base card products for high income, the bank is expected to continue growing above the average of competitors and thus gain market share. In late March, the market share of the federal bank was 18.7%, one percentage point above that registered in same period of 2008. This year, the expectation is that the turnover of the segment of cards has increased from 20% to 25%, up from about 15% of the projection industry.
Asked whether possible changes in the regulation of business cards could reduce the earnings of BB in this segment, Molina said the bank is focused on increasing the volume of transactions with the cards, and that if a reduction in fees for these transactions, they will be offset by the continued migration of traditional means of payment such as cash and checks to electronic alternatives.

A report by the Central Bank (BC) in partnership with the Ministry of Finance and Justice, with data from 2007, discussed this Wednesday in the Commission on Consumer Protection in the House, suggests the need for changes in the cards créduto ahead of market concentration. By the next day on June 30, the Central Bank receives suggestions for the regulation of the system of credit and debit cards used by Brazil.

According to the Head of Banking Operations and Payments System of the Central Bank, José Antônio Marciano, the study focused on the structure, conduct and performance of the industry related to the cards, involving accredited companies, issuing banks, merchants and consumers.

In the assessment of Marciano, the fact that the same company concentrate all stages of providing the service makes entry of new firms in the industry. “It is very difficult to compete because it will be difficult to assemble the entire structure and to convince the merchant to use equipment of a further transaction,” he emphasized.

The structure involves the accreditation from the retailers, through rental of machinery cards to offset the transaction with the consumer.

The representative of the Central Bank cited the role of VisaNet and Redecard, which holds all the steps to deliver the service. Both companies concentrate the operations flags by Visa and Mastercard, respectively. Together, they found 94% of card transactions in Brazil and 90% of movements in financial volume.

Without adjustment

ambém to this debate in a committee of the Consumer Protection of the Chamber of Deputies and the Senate this Wednesday, the coordinator-general for Communication and Media of the Secretariat of Economic Monitoring of the Ministry of Finance, Marcelo Ramos, who scored the merger is prevented regulating the sector.

“The neutrality of these companies do not prevent the self-regulation of the sector, which would have advantages such as flexibility for changes and lower costs,” he added. The output would be that the regulation is made with the participation of the government.

Cases

Considering the data presented, the representative of the Secretariat of Economic Rights of the Ministry of Justice, Paul Britto, said that only the identification of the concentration does not justify the initiation of administrative proceedings against the operators of cards. “The secretary shall, from the report, which shares characteristics abuse and what steps to take,” he said.

The legal coordinator of the Brazilian Association of Consumer Protection – Pro Test, Maria Inês Dolci, requested an extension of the deadline for submission of suggestions and criticism to the report. For her, the material does not obeteve disclosure required for the entire industry could say.

The representative of Central Bank, the deadline is not extended. “A major impact of the country was this report,” said Marciano. He added that there is no deadline for the submission of a proposed regulation. He said the drafting of a text depends on the dialogue with the industry.

Prices

Another point highlighted in the discussion was the impediment of the offer by the shopkeepers of different prices for the electronic payment. The Consumer Defense Code provides that the sale by credit card to satisfy the order price.

According to Joseph Marciano, the relaxation of the price could improve the market. “Allowing the price to vary according to the payment instrument will be a factor in negotiating the shopkeepers along the card companies,” he said. According to Marciano, the opportunity to receive discounts at other payment arrangements with the lead managers to reduce fees and offer advantages in transactions.

Present at the meeting, Senator Adelmar Santana (DEM-DF) supported the easing of prices and criticized the closing, the Chamber of Deputies, the Senate approved the project with this objective. “Understand that prices would increase in electronic payment, when the proposal would reduce prices,” he emphasized. “The prices are inflated because the merchants have to pass costs to consumers,” he said.

Absence

In addition to representatives of the Central Bank and the Ministries of Finance and Justice, involved in the study, was also invited the president of the Brazilian Association of Credit Card Companies and Services (Abecs), Aldemir Bendine. But during the afternoon, informed the body that could not attend. The absence was criticized by parliamentarians. “Until today I did not make a meeting with representatives of these companies,” noted Mr Celso Russomano (PP-SP).

A historical decision was made yesterday morning in Montreal. Financial institutions must pay more than $ 200 million to credit card holders in Quebec for unjustified expenses on foreign currency.

Essentially, the trial ruled that nine banks in Canada and Desjardins Group have charged their clients fees for foreign currency in violation of the Act on Consumer Protection (LPC). This covers the conversion charge institutions for transactions on credit cards abroad, including the United States Unis.Selon trial, some agencies have failed to disclose the commissions charged to their customers, which is contrary to the LPC. Moreover, these expenses are associated with credit charges; consequently, the institutions can not charge if their customers pay the monthly balance of their cards before the grace period of 21 days provided by the LPC.

It would be the largest sum awarded in a class action case in Canada.

The case concerns more exactly three lawsuits related to the judge which Clément Gascon returned a verdict in favor of collective recovery. Three consumers demanded justice on behalf of Quebec: Réal Marcotte, Bernard Laparé and Sylvan Adams. Law firms that sponsored the actions are Trudel & Johnston and Lauzon Bélanger.

The main trial is about 200 pages. It was written after a trial in Superior Court last fall that lasted three months. Given the importance of the issue, a score of lawyers representing financial institutions from eight different firms.

“This ruling expanded extremely impressive. The judge has covered all the arguments of the banks and did not qualify. We are very satisfied, “said lawyer Bruce Johnston.

National Bank, Desjardins …

The lawsuits are aimed mainly customers in Quebec who held a Visa, MasterCard or Amex between 2000 and 2007. Almost all banks are covered, including the Royal Bank, National Bank, the TD Bank, Scotiabank, Bank of Montreal, etc..

In the case of banks, the ruling requires that they compensate their customers for a sum of $ 156 million. Desjardins, the damage is 28.4 million. Harm another individual is asked for the Bank Amex (American Express), 15.6 million.

In addition to the approximately 200 million, some institutions have to pay punitive damages of $ 25 per customer. Another injury will be provided for individual claims in a manner to be determined later. These damages would amount to several tens of millions of dollars.

Financial institutions have 30 days to bring the case in the Court of Appeal. “The verdict surprised many throughout the world. I presume there will be appeals, “said Michel Deschamps, the lawyer representing the National Bank and the Scotia, who had not yet finished reading the 200 pages of trial.

At the Bank of Montreal, the spokeswoman, Lucie Gosselin, was also somewhat talkative. “It’s a little early to make a comment. Our lawyers are examining the issue, “she said.

At Desjardins, we’re also doing a comprehensive analysis of the file. “We will evaluate all our options, including an appeal,” says the door, André Chapleau.

The constitution

The banks have all sorts of arguments to put forward their views, but the judge rejected them all.

In a transaction, the CPA describes essentially a purchase by credit card “net capital”. However, said the judge, “the CEA believes that any amount that a consumer should not pay the capital costs is a net credit. The cost of credit are a sort of residual category that includes everything the other does not. ”

In sum, as the cost of currency conversion are not the “net capital,” said the judge, they are necessarily credit charges and can not be charged unconditionally.

Even the unconstitutionality of LPC against banks has been discussed in Court, but their arguments were not accepted.

“Giving credence to the interpretation suggested by the banks put them in an advantageous position compared to all other financial institutions operating in Québec in respect of credit card and to the detriment of consumers primarily the (…) Tribunal therefore believes that the doctrine of federal paramountcy does not apply in this case. The disputed provisions of the CEA and its regulations are still operating against the banks, “wrote the judge.

$ 25 per $ 1,000 purchases

The ruling affects you there?

If you traveled abroad since 2000 and increased spending on your credit card, you are normally affected by the rulings yesterday.

How can you recover?

You are entitled to $ 25 for each installment purchases of $ 1000 CDN posted to your account and made in foreign currency, whether in euros, U.S. dollars or Chinese renminbi. That equates to 2.5% of purchases.

“There are people who travel a lot, for whom travel costs are almost exclusively dealt with a credit card, it can be several hundred dollars in some cases and in only a few dollars more. It will vary, “said lawyer Bruce Johnston.

What to do to get your due?

If you kept your old credit card statements, you should still keep a piece. “A proof will be easier to do if it has its own statements,” said Mr. Johnston yet.

For against, it is possible that the judge, after hearing of new financial institutions and lawyers of the plaintiff, agreed to a simple, leaving banks and Desjardins care of themselves calculate the amount to be refunded.

If so, they could send a refund directly into your account, unless you have no claim to do. In all cases, “there will be an announcement when there is a decision taken,” said the lawyer again. In short, read your newspaper.

When the refund?

The fast option: the judge intends in the coming months the representations of the parties on the best way to make some 200 million Quebecers. The money could then be paid fairly quickly.

The slowest option: the case is being appealed, as suggested yesterday the lawyer representing the National Bank and the Scotia, Michel Deschamps. Quebecers, if the ruling is not overturned in the Court of Appeal would then have to wait “a year and a half or two years” as estimated by Mr. Johnston.

Does this change anything for future travel?

As the trial was ruled unlawful conversion fees requested, the financial institutions will have to change their practices. How? The answer is less clear. “There are many avenues open to them … there is no single recipe. “

The President Barack Obama will enact a law Friday that Congress has adopted to strengthen the protection of credit card users from abuse of financial institutions.
The House of Representatives passed the text by 361 votes against 64 Wednesday, which is an important victory for Obama and Democrats in Congress. The Senate had adopted the previous day.
The law takes full effect in February 2010. It will restrict the ability of credit card issuers to impose penalties, some charge commissions and raise the rates on cards already issued.
Analysts estimate that this would significantly burden the profits of major issuers such as Citigroup, Bank of America, JPMorgan Chase, American Express and Capital One.
“These are considerable changes and very expensive to implement for issuers”, summed Duncan Douglass, lawyer at Alston & Bird.
The overall balance of the Americans on their credit cards debtor was 945 billion (685 billion euros) in March. She recently melted because of the recession, which forces or encourages consumers to reduce spending, but it is still approximately 25% above its level a decade ago.
In 2007, 78% of U.S. households used at least one credit card, with an average flow of 7300 dollars (5,300 euros).
A series of reforms under way
The CEO of American Express, Kenneth Chenault, deplored this act which, he said, his group will penalize and reduce credit. “This is more negative than positive,” he said during a conference call.
The KBW index of 24 major U.S. banking values has finished down 2.8% Wednesday after the House vote, while the indices on Wall Street have yielded approximately 0.5%.
The Capital One dropped 7.2%, JPMorgan and Citigroup 3.5% 2.1%. But Bank of America gained 2.1% after a capital increase which it has raised 13.47 billion.
Among specialists in credit cards, MasterCard has finished on a gain of 1.7% and Visa has gained 0.25%, but American Express was down 3.3%.
An official of the White House said qu’Obama sign the law on credit cards at a ceremony scheduled at 19:00 GMT Friday.
This law is the first of a series of regulations of banks and markets by the administration decided to address the financial crisis.
Obama has enacted a law Wednesday that would more severely punish fraud mortgage.
The Department of Justice sees his authority extended to investigate the creditors who practice abusive loans that do not meet the security regulations. This was the case of institutions which have made half of the loans “subprime” four years ago, according to U.S. authorities.

THE VALUE OF THE SECTOR
Specialized Distribution
To support the growth of electronic commerce, a crucial factor is the confidence of buyers. But it has been undermined in the second half of 2008 with the liquidation of several players in the distance, whose Camif. Over the period, the number of claims from the Directorate General for Competition, Consumption and the Repression of Fraud (DGCCRF) following non-delivered products and have not really paid off in six months (1714%!) to reach 2014 complaints. The challenge for the Fevad is to reassure consumers by creating a device that protects them. It proposes that the customer who paid by credit card is charged only after delivery of items or a guarantee to be issued by a third party. It also wants consumers to oppose the flow of the card or check one month after the announcement of the opening of a collective society, which must submit its problems on its site.