美国信用卡发行法Credit Card Issuance Act 原文及说明 - Mysman

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2008-03-31

美国信用卡发行法Credit Card Issuance Act 原文及说明 - [assignment]

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原文：

BUSINESS TRANSACTIONS
(815 ILCS 140/) Credit Card Issuance Act.

(815 ILCS 140/0.01) (from Ch. 17, par. 6000)
Sec. 0.01. Short title. This Act may be cited as the Credit Card Issuance Act.
(Source: P.A. 86‑1324.)

(815 ILCS 140/1) (from Ch. 17, par. 6001)
Sec. 1. As used in this Act:

(a) "Credit card" has the meaning set forth in Section 2.03 of the Illinois Credit Card and Debit Card Act, but does not include "debit card" as defined in Section 2.15 of the Illinois Credit Card and Debit Card Act, which can also be used to obtain money, goods, services and anything else of value on credit, nor shall it include any negotiable instrument as defined in the Uniform Commercial Code, as now or hereafter amended; (b) "merchant credit card agreement" means a written agreement between a seller of goods, services or both, and the issuer of a credit card to any other party, pursuant to which the seller is obligated to accept credit cards; and (c) "credit card transaction" means a purchase and sale of goods, services or both, in which a seller, pursuant to a merchant credit card agreement, is obligated to accept a credit card and does accept the credit card in connection with such purchase and sale.

(Source: P.A. 86‑427; 86‑952.)

(815 ILCS 140/1a) (from Ch. 17, par. 6002)
Sec. 1a.

No person may be denied a credit card, upon proper application therefor, solely on account of unlawful discrimination, as defined and prohibited in Section 4‑103 of the Illinois Human Rights Act. No question requesting any information concerning an applicant's marital status shall appear on any credit card application except in connection with an application for a joint account.

(Source: P.A. 81‑1216.)

    (815 ILCS 140/1b) (from Ch. 17, par. 6003)
    Sec. 1b. All credit card applications shall contain the following words verbatim:

a. No applicant may be denied a credit card on account of race, color, religion, national origin, ancestry, age (between 40 and 70), sex, marital status, physical or mental handicap unrelated to the ability to pay or unfavorable discharge from military service.

b. The applicant may request the reason for rejection of his or her application for a credit card.

c. No person need reapply for a credit card solely because of a change in marital status unless the change in marital status has caused a deterioration in the person's financial position.

d. A person may hold a credit card in any name permitted by law that he or she regularly uses and is generally known by, so long as no fraud is intended thereby.

(Source: P.A. 81‑1216.)

(815 ILCS 140/1c) (from Ch. 17, par. 6004)
Sec. 1c.

Notwithstanding the provisions of Sections 1a and 1b, credit card applications which conform to the requirements of the Federal Equal Credit Opportunity Act, amendments thereto, and any regulations issued or which may be issued thereunder shall be deemed to be in compliance with this Act.

(Source: P.A. 80‑898.)

(815 ILCS 140/2) (from Ch. 17, par. 6005)
Sec. 2.

Except to the extent provided in a merchant credit card agreement, a seller shall not be liable to the issuer of a credit card, or to any other party to a merchant credit card agreement or that party's agent or representative, for loss or damage to the issuer or other party resulting from a failure of the holder or user of the credit card to pay any obligation arising from a credit card transaction, provided that the seller has fully performed its obligation under the merchant credit card agreement and has not breached any of its obligations to the purchaser in the credit card transaction.

(Source: P. A. 76‑1333.)

(815 ILCS 140/3) (from Ch. 17, par. 6006)
Sec. 3.

In every case where an applicant for a credit card is rejected by a credit card issuer, the applicant, upon request, shall be informed of the reasons for such rejection. Failure to comply with this section is a civil rights violation under Section 4‑103 of the Illinois Human Rights Act.

(Source: P.A. 81‑1216.)

(815 ILCS 140/4) (from Ch. 17, par. 6007)
Sec. 4.

A credit card issuer shall, when requested, consider the financial status of a married couple when making a determination as to whether to issue a credit card.

A credit card issuer shall, upon request by an applicant, consider such person's financial status when making a determination as to whether to issue such person a credit card as an individual.

(Source: P. A. 78‑839.)

(815 ILCS 140/5) (from Ch. 17, par. 6008)
Sec. 5.

No credit card issuer shall require a person to reapply for credit solely because of a change in marital status. Nothing in this section shall prevent a credit card issuer from requiring notification of any name change.

(Source: P.A. 79‑600.)

    (815 ILCS 140/6) (from Ch. 17, par. 6009)
    Sec. 6. Disclosure to applicants.

(a) Except as provided in Section 25 of the Retail Installment Sales Act, relating to sellers or holders under a retail charge agreement and in subsection (c), a credit card issuer shall disclose, either on an application for a credit card or on literature accompanying the application, on or with any credit card account solicitation, and on each periodic billing statement mailed to a card holder, the following:

(1) the annual percentage rate or rates of interest

applicable to the account, or if the rate is variable, that fact, and the rate as of a specified date or the index from which the rate is determined;

(2) the annualized membership and/or participation

fee or charge, if any;

(3) the grace period, which is defined as the period

within which any credit extended under such credit plan must be repaid to avoid incurring an interest charge represented in terms of an annual percentage rate of interest, and if no such period is offered such fact shall be clearly stated;

(4) transaction fees, if assessed, for the use of

the credit card account, including, but not limited to a late payment charge, minimum finance charge and over the limit charge.

The term "solicitation" means written material mailed or any other solicitation in a written form which constitutes an application for, or a written offer which allows a person to open a credit card account without completing an application. Information required to be disclosed under item (2) of subsection (a) of this Section may be disclosed on literature accompanying the periodic billing statement.

(b) (Blank)

(c) No application, literature accompanying the application, account solicitation, periodic billing statement or literature accompanying the periodic billing statement sent by or on behalf of an issuer to residents of this State with respect to charge cards shall be required to set forth the information specified in items (1) and (3) of subsection (a) of this Section. As used in this subsection, the term "charge card" means any card, plate or other credit device pursuant to which the charge card issuer extends credit which is not subject to a finance charge and with which the charge card holder cannot automatically access credit that is repayable in installments.

(Source: P.A. 88‑546.)

(815 ILCS 140/7) (from Ch. 17, par. 6010)
Sec. 7. (Repealed).
(Source: Repealed by P.A. 88‑546.)

    (815 ILCS 140/7.1) (from Ch. 17, par. 6010.1)
    Sec. 7.1. Certain credit card transaction form required.

(a) Any person, firm, partnership, association or corporation which issues forms used for credit card transactions between the credit card holder and seller, shall only issue such credit card forms, except for such forms utilized for a special purpose incidental but related to the actual purchase and sale agreement including but not limited to shipping, delivery or installment of purchased merchandise or special orders, which:

(1) are carbonless; or
(2) are carbonized backed forms that may be retained

for recordkeeping purposes of the seller, the seller's agent or sub‑contractor, the issuer or the customer; or

(3) after the transaction is complete, do not render

a separate piece of paper, carbon or otherwise, which readily identifies the cardholder by complete name or account number, other than those necessary for use by the seller, the seller's agent or sub‑contractor, credit card holder and issuer to complete the credit card transaction; or

(4) has a perforated or split carbon, half of which

is disposable, and upon completion of the transaction the disposable portion of the carbon renders only half of the cardholder's name and account number.

(b) Any person, firm, partnership, association or corporation which accepts credit cards used for credit card transactions between the credit card holder and seller, shall only use credit card forms, except for such forms utilized for a special purpose incidental but related to the actual purchase and sale agreement including but not limited to shipping, delivery or installment of purchased merchandise or special orders, which:

(1) are carbonless; or
(2) are carbonized backed forms that may be retained

for recordkeeping purposes of the seller, the seller's agent or sub‑contractor, the issuer or the customer; or

(3) after the transaction is complete, do not render

a separate piece of paper, carbon or otherwise, which readily identifies the cardholder by complete name or account number, other than those necessary for use by the seller, the seller's agent or sub‑contractor, credit card holder and issuer to complete the credit card transaction; or

(4) has a perforated or split carbon, half of which

is disposable, and upon completion of the transaction the disposable portion of the carbon renders only half of the cardholder's name and account number.

No person, firm, partnership, association or

corporation which accepts credit cards for the transaction of business shall be deemed to have violated the provisions of this subsection, if such person, firm, partnership, association or corporation shows by a preponderance of evidence that the violation was not intentional and resulted from bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid such error.

(c) A violation of subsection (a) of this Section is a business offense punishable by a fine of not less than $750 nor more than $1,000. A violation of subsection (b) of this Section constitutes a business offense punishable by a fine of $501, if a first offense by a person; and punishable by a fine of not less than $501, nor more than $1,000 if such offense is a second or subsequent offense by such person.

(Source: P.A. 86‑781.)

(815 ILCS 140/7.2)
Sec. 7.2.

No credit card issuer shall issue, provide, assign or deliver in any way a credit card account to and in the name of any person under the age of 18 without the written approval of that person's parent or legal guardian.

Upon delivery of a credit card account to and in the name of any person under the age of 18, the credit card issuer shall also include a pamphlet which details the responsible use of a credit card, an explanation of applicable credit limits, payment requirements and the penalties for the misuse and fraudulent use of a credit card.

A person under the age of 18 may be issued a credit card account in that person's name without the written approval of a parent or legal guardian if a person over the age of 18 agrees to be a joint holder of the credit card account and accepts the responsibility for any debt or cost associated with the credit card.

This Section does not apply to a supplementary card issued to a person under the age of 18 that allows that person to access a credit card account in the name of a person over the age of 18 if the person over the age of 18 requested orally or in writing that the supplementary card be issued to the person under the age of 18.

(Source: P.A. 88‑348.)

(815 ILCS 140/8) (from Ch. 17, par. 6011)
Sec. 8.

The Attorney General of this State may bring an action in the name of the State against any person to restrain and prevent any violation of this Act and to enforce and collect any penalty provided hereunder. In the enforcement of this Act, the Attorney General may accept an assurance of discontinuance of any act or practice deemed in violation of this Act from any person engaging in, or who has engaged in, that act or practice. Failure to perform the terms of any such assurance constitutes prima facie proof of a violation of this Act.

(Source: P.A. 86‑781.)

    (815 ILCS 140/9) (from Ch. 17, par. 6012)
    Sec. 9. Penalties.
    (a) Any credit card issuer who knowingly violates this Act is guilty of a Class A misdemeanor.

(b) No credit card issuer who violates this Act, except as a result of an accident or bona fide error of computation, may recover interest, annualized membership fee or participation fee or charge, late payment charges, minimum finance charges and over the limit charges in connection with any credit card issued.

(c) A credit card issuer who complies with or is exempt from the applicable disclosure requirements of the Truth in Lending Act and the regulations promulgated under that Act shall be deemed to be in compliance with or exempt from all of the provisions of subsection (a) of Section 6 of this Act.

(Source: P.A. 88‑569; eff. 8‑5‑94.)

美国是信用制度最发达的国家之一，其中信用卡又是美国信用制度中一个重要组成部分。
    在美国信用卡基本上有4大种类，即VISA、MASTER、AMERICANEXPRESS和DIS-COVER，其中VISA和MASTER使用比较普遍，许多商业部门都受理这两种卡业务，因此许多银行和公司都发行这两种卡。其他两种由于信用卡公司收取的手续费比较高，许多商家都不愿受理。
    没有信用记录的人申请信用卡比较困难，常常被信用卡公司拒绝。如何才能获得信用记录呢？最为简单的办法就是在你的银行以预先付款的方式，先购得一张“安全卡”，这张“安全卡”的消费上限就是持卡人的月消费额。如你事先付了2000美元，就可以得到一张上限为2000美元的信用卡。在这个规定的数额内，消费者可以去消费。当收到账单和付款后，仍然可以继续使用这张卡。由于消费多，信用记录好，消费者就可以在半年之内申请到一张真正的信用卡了。购买这张“安全卡”的数额将由银行如数退回。随着个人消费的增加和个人守信，这张信用卡的信贷数额也在不断增加，以至于可以买家具、汽车、房屋，而且贷款利率也比较优惠。一个没有信用卡的人，无论消费有多大，永远也不能获得信用记录。
    一般情况下，美国的信用卡都不收手续费，但是逾期不付款者信用卡公司要增收利率，而且这个利率要高出银行贷款的利率。
    在申请信用卡时4个条件必须具备：一是社会安全号码，信用卡公司要看你的信用和有无经济犯罪记录；二是在美国的居住地址，信用卡公司的账单能否收到；三是年收入情况，信用卡公司要看你的付款能力；四是电话号码，信用卡公司能够找到你。
    消费者为了建立较好的信用记录，一般不追求信用卡的占有量，而是注重它的使用效果，一般情况下有VISA和MASTER两张卡就可以了，最多不要超过3张为好。这样消费者就可以在较短的时间里获得较高的信用，而且还不致由于信用卡过多而带来携带和保存问题。
    美国的信用局即信用公司负责对消费者信用的调查和评估。目前在美国共有3家信用局，即EXPERIAN、EQUIFAX、TRANSUNION三家公司。这三家公司以搜集消费者个人的信用记录和向需求者提供消费者个人信用调查报告为己任，他们将搜集到的消费者的个人材料编辑成报告，根据法律向使用者有偿提供消费者的情况。
    美国的信用卡制度之所以经久不衰，其中最重要的原因是方便、安全和补偿。首先是方便。消费者可以在任何接受信用卡的地方使用信用卡，这对于商家没有任何的损失，因此他们也愿意接受信用卡，我曾注意到在超市购物时，80%的消费者都选择使用卡付方式；第二个原因是安全。信用中国打造中国信用监督平台消费者外出旅行不需要携带大量的现金，只要用卡一划，就可以得到用现金才能买得到的东西。此外，消费者也不致成为歹徒袭击的对象。国人外出旅行之所以成为当地歹徒跟踪和袭击的对象，主要原因是国人身上大笔现金的诱惑；第三是补偿。信用卡一旦遗失或者被人盗用，消费者在接到信用卡公司账单后，可以同信用卡公司说明哪一笔开支不是消费者行为。信用卡公司即可立案进行调查，几个月之后消费者便可以得到如数补偿。这不等于说，信用卡公司已经追回那笔盗用款，而是信用卡公司愿意承担这个风险。
    美国是信用制度比较发达的国家之一，作为一个相对比较完整的制度能够不断的完善是有着比较完善的法律作为基础的。在过去的100多年的时间里，美国涉及信用制度上建立了诸如《联邦公平信用报告法》、《公平债务征收实施法》等一系列法律，规定了信用卡公司和消费者之间的责任与义务，有效地保证了信用制度的实施。根据现有的法律，失信者必须付出昂贵的代价。首先道德上的惩罚。如果故意欠账，并且根本无意去偿还信用卡公司的债务，那么就要在你的信用记录上留下重重的一个污点。一个在社会上失去信誉的人在美国社会上将寸步难行，不良的信用记录将影响到你多年，甚至终生；二是经济处罚或者劳动惩戒。根据法律的规定，作为小错，失信者可以受到罚款或者被强制劳动。三是法律的处罚，作为大错，失信者将要承担法律上的责任，蹲监狱也恐怕难免。