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New plastic not in 
the cards for some

December 5, 2011


Stay-at-home parents who apply for a credit card to use for the holidays might get a surprising rejection. That’s thanks to a new federal regulation that might prohibit them from getting approved for a card if they don’t have an income of their own.

The controversial new rule took effect Oct. 1, but consumers are just now learning about it firsthand as we enter the busiest time of the year for card applications: December and January.

“There is a seasonality to applying for credit cards, and I think all of a sudden it’s going to hit people: ‘Oh my goodness. I’m getting rejected. Why is that?’ ” said Bill Hardekopf, chief executive of credit card comparison site LowCards.com.

The rule stems from the largely consumer-friendly CARD Act, which took effect in 2010 and outlawed many of the nasty practices credit card issuers used to wring more money from cardholders. But among its consequences was a clarification by the Federal Reserve this year that credit card issuers must consider only the card applicants’ own income, or their own ability to pay, when granting approval for individual credit cards. Household income or combined income can no longer be considered. (Credit cards already issued are unaffected.)

In general, the “ability to pay” rule is a good idea, consumer advocates say, so card users don’t pile up debt they can’t pay off. But it also means a stay-at-home spouse with little or no regular income could be rejected when applying individually for a card, whether a traditional credit card or a retail store charge card.

It’s difficult to measure how many card applicants since Oct. 1 have been rejected for that reason, as opposed to those denied credit for other reasons, such as having a low credit score, said Nessa Feddis, vice president and senior counsel for the American Bankers Association. But she said card issuers are concerned.

Feddis said she knows of at least one issuer, which she would not name, that is seeing an increase in rejections of people who submitted an application reporting no income, even if they have high credit scores.

“They are definitely having to turn down people with good credit scores,” she said.

If you fall into the category of those who don’t have an income but want a card, you have a few options.

—Apply jointly. The most obvious solution for harmonious married couples is to apply jointly for a card and report the breadwinner’s income. But that might become impractical when a nonearning spouse is out shopping alone and tries to apply for instant credit — to get a sales discount at a retailer, for example. And it might irritate some stay-at-home spouses that they need their husband or wife’s “permission” to apply for credit.

Linda Sherry, spokeswoman for consumer group Consumer Action, said people should generally avoid instant credit anyway, because any discount you get is often not worth the short-term harm to your credit score and living with another credit balance.

—Become an authorized user. A nonearning spouse can also piggyback on an income earner’s credit account as an authorized user. That will build his or her credit history, which is a good thing if the primary cardholder pays on time.

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—Live in a community property state. If you’re married and live in a community property state, such as California or Texas, you can report the household income as your income. Thus, the new regulation won’t affect those in community property states.

“If an applicant resides in a community property state, the applicant’s income would generally include the income of the applicant’s spouse,” the regulation says, adding that card issuers could consider a spouse’s income in that case. Other community property states include Arizona, Idaho, Louisiana, Nevada, New Mexico, Washington and Wisconsin, according to IRS Publication 555.

—Use layaway. For consumers who have credit cards and use them responsibly, paying layaway fees makes little sense. But if you want a creditlike solution to pay for holiday gifts, layaway is an option at many retailers. Layaway allows consumers to set aside items at the store while they are paid off in installments over a number of weeks. Consumers take home the merchandise after they pay in full. Stores offering layaway this year include Wal-Mart, Sears and Toys R Us.

—Get an income. Perhaps it’s obvious, but if nonworking spouses can produce some income, perhaps from a part-time job or work-from-home job, they might be able to get a card in their own name.

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—Report half of household income. Concern about stay-at-home spouses not being able to get a credit card might be overblown, Sherry said. One work-around for couples who file joint tax returns is for a nonearning spouse to claim half the household income, she said. If you get rejected, appeal to a card issuer’s customer service manager and offer to allow access to an income tax return, if necessary.

“I just don’t think they should take no for an answer,” she said. “If they file jointly, half that income is theirs, legitimately.”

Feddis, of the bankers association, said she’s not sure that would work. It’s an example of how details of the new regulation are still fuzzy as card issuers attempt to comply with a regulation that potentially hurts their business. After all, it’s in the banks’ interests to issue more credit cards.

Moreover, income isn’t as good a predictor of whether someone will repay as their credit history is, Feddis said. As of now, banks are being required to verify income, although how they do that is a work in progress, Feddis said.

“It’s still sorting itself out,” she said. “It’s a challenge right now.”

In the context of buying holiday gifts, however, scrambling to apply for credit cards isn’t a financially sound solution. Saving and budgeting are far better, Sherry said.

“People shouldn’t wake up one day a few weeks from Christmas and say, ‘Oh my gosh, I need a credit card,’ ” she said.

 


McClatchy-Tribune Information Services