(a) In generalIf a creditor increases the annual percentage rate applicable to a credit card account under an open end consumer credit plan, based on factors including the credit risk of the obligor, market conditions, or other factors, the creditor shall consider changes in such factors in subsequently determining whether to reduce the annual percentage rate for such obligor.
(b) RequirementsWith respect to any credit card account under an open end consumer credit plan, the creditor shall—(1) maintain reasonable methodologies for assessing the factors described in subsection (a);
(2) not less frequently than once every 6 months, review accounts as to which the annual percentage rate has been increased since January 1, 2009, to assess whether such factors have changed (including whether any risk has declined);
(3) reduce the annual percentage rate previously increased when a reduction is indicated by the review; and
(4) in the event of an increase in the annual percentage rate, provide in the written notice required under section 1637(i) of this title a statement of the reasons for the increase.
(c) Rule of constructionThis section shall not be construed to require a reduction in any specific amount.
(d) RulemakingThe Bureau 11 So in original. Probably should be “Board”. shall issue final rules not later than 9 months after May 22, 2009, to implement the requirements of and evaluate compliance with this section, and subsections (a), (b), and (c) shall become effective 15 months after May 22, 2009.
Structure US Code
CHAPTER 41— CONSUMER CREDIT PROTECTION
SUBCHAPTER I— CONSUMER CREDIT COST DISCLOSURE
Part C— Credit Advertising and Limits on Credit Card Fees
§ 1661. Catalogs and multiple-page advertisements
§ 1662. Advertising of downpayments and installments
§ 1663. Advertising of open end credit plans
§ 1664. Advertising of credit other than open end plans
§ 1665. Nonliability of advertising media
§ 1665a. Use of annual percentage rate in oral disclosures; exceptions
§ 1665b. Advertising of open end consumer credit plans secured by consumer’s principal dwelling
§ 1665c. Interest rate reduction on open end consumer credit plans
§ 1665d. Reasonable penalty fees on open end consumer credit plans