Laws

Usury

Many nations limit the amount of interest that can be charged (often called usury laws). Most countries strictly regulate the manner in which interest rates are agreed, calculated, and disclosed. Some countries (especially with Muslim influence) prohibit interest being charged at all (and other methods are used, such as an ownership interest taken by the bank in the cardholder's business profits based upon the purchase amount).

U.S. Truth in Lending Act

In the United States, there are four commonly accepted methods of charging interest, which are listed in the section below, "Methods of Charging Interest". These are detailed in Regulation Z of the Truth in Lending Act. There is a legal obligation on U.S. issuers that the method of charging interest is disclosed and is sufficiently transparent to be fair. This is typically done in the Schumer Box, which lists rates and terms in writing to the cardholder applicant in a standard format. Regulation Z details four principal methods of calculating interest. For purposes of comparison between rates, the "expected rate" is the APR applied to the average daily balance for a year, or in other words, the interest charged on the actual balance left lent out by the bank at the close of each business day.
That said, there are not just four prescribed ways to charge interest i.e., those specified in Regulation Z. U.S. issuers can charge interest according to any reasonable method to which the card holder agrees. The four (or arguably six) "safe-harbour" ways to describe and charge interest are detailed in Regulation Z. If an issuer charges interest in one of these ways then there is a shorthand description of that method in Regulation Z that can be used. If a lender uses that description, and charges interest in that way, then their disclosure is deemed to be sufficiently transparent and fair. If not, then they must provide an explanation of the method used. Because of the safe-harbour definitions, U.S. lenders have tended to gravitate towards these methods of charging and describing the way interest is charged, because it is (i) easy and (ii) legal compliance is guaranteed. Arguably, the approach also provides flexibility for issuers, enhancing the profile of the way in which interest is charged, and therefore increasing the scope for product differentiation on what is, after all, a key product feature.

Pre-payment penalties

Clauses calling for a penalty for paying more than the contracted regular payment were once common in another type of loan, the installment loan, and they are of great concern to governments regulating credit card loans. Today, in many cases because of strict laws, most card issues do not charge any pre-payment penalties at all (except those that come naturally from the interest calculation method – see the section below). That means cardholders can "cancel" the loan at any time by simply paying it off, and be charged no more interest than that calculated on the time the money was borrowed.

Canceling loans

Cardholders are often surprised in situations where the bank cancels or changes the terms on their loans. Most card issuers are allowed to raise the interest rate – within legal guidelines – at any time. Usually they have to give some notice, such as 30 or 60 days, in writing. If the cardholder does not agree to the new rate or terms, then it is expected that the account will be paid off. That can be difficult for a cardholder with a large loan who expected to make payments over many years. Banks can also cancel a loan, and request that all amounts be paid back immediately, usually by a clause in the contract, for any default on the contract, whatsoever, which could be as simple as a late payment or even a default on a loan to another bank if the contract states it. In some cases, a borrower may cancel the account within the time allowed without paying off the account. As long as the borrower makes no new charges on the account, then the borrower has not "agreed" to the new terms, and may pay off the account under the old terms.