Bank of America Corp. (BAC) has stopped selling to credit-card
customers add-on products that suspend borrowers' minimum monthly
payments in the event of a job loss or other hardship as regulatory
scrutiny of these offerings grows.
Debt-cancellation products, also known as payment or credit
protection, have also sparked class-action lawsuits against the
country's largest credit-card issuers and led to a $210 million
settlement last month between Capital One Financial Corp. (COF) and
federal regulators. Capital One has stopped offering payment
protection as well as a credit-monitoring product.
Bank of America stopped offering products called Credit
Protection Plus and Credit Protection Deluxe to new customers this
month but is continuing provide them for the time being to existing
cardholders who are enrolled in the services, Betty Riess, a
spokeswoman for Bank of America, confirmed Monday.
The decision to discontinue the products, which are provided by
third-party vendors, is part of the bank's "larger strategy to
streamline our business," Ms. Riess said, citing Bank of America's
recent moves to exit certain businesses and sell assets deemed
non-core.
Consumer advocates have argued the products provide little
financial benefit to consumers, and customers have alleged in
lawsuits that banks' sales agents have enrolled them in the
services without their consent and mischaracterized their costs and
features.
Capital One's settlement with the Consumer Financial Protection
Bureau and Office of the Comptroller of the Currency could prompt
other banks to eliminate or alter payment protection and other
add-on products, such as identity-theft protection and credit
monitoring, experts said. Under the settlement, Capital One agreed
to refund $150 million to customers and pay $60 million in
fines.
The issues surrounding Capital One's actions were "not unique to
a single institution, and we do expect that there will be more
activity," Richard Cordray, director of the CFPB, said last month.
The agency issued a bulletin in July reminding banks of steps they
should take to ensure payment protection and other add-on products
are marketed appropriately to customers.
Bank of America's main competitors continue to market payment
protection and other add-on products, according to their websites.
While the Charlotte, N.C.-based lender does not disclose how much
revenue such products generate, the Government Accountability
Office said in a March 2011 report that consumers paid $2.4 billion
in fees for payment-protection products in 2009.
The report looked at nine credit-card issuers, including
Discover Financial Services (DFS), American Express Co. (AXP) and
Bank of America, concluding that a "relatively small proportion of
the fees consumers pay for debt-protection products is returned to
them in tangible financial benefits.
Bank of America and other large banks have marketed payment
protection as a safety net cardholders can rely on in the event
they lose their job, encounter health problems or incur another
hardship that prevents them from making their minimum monthly
payment. If such an event occurs, the service is supposed to
suspend a borrower's minimum monthly payments for a certain period
of time.
"Credit Protection Plus is an optional Plan that can give you
relief from your Bank of America minimum monthly credit card
payments when you need it most," a Bank of America webpage states.
"It can help protect your Bank of America credit card account by
canceling the minimum monthly payment for up to 18 months when
times get tough or if you experience a life event such as getting
married or purchasing a new home."
Fees typically range from 85 cents to $1.35 per $100 of
outstanding balance each month, the GAO said. Bank of America
charged 85 cents for every $100 of balance a customer carried,
according to the company's webpage.
The bank, which is the second-largest credit-card issuer based
on outstanding loan balances, agreed to pay $20 million this summer
to settle a class-action lawsuit alleging it mismarketed
payment-protection products. The settlement, filed in U.S. District
Court in San Francisco, received preliminary approval in July but
awaits final approval.
The settlement does not require Bank of America to discontinue
the products, which Ms. Riess and a court filing described as a
business decision by the bank. The settlement requires the bank to
provide two months of credit protection to customers already
enrolled in the services for free, though it has independently
decided to do so for six months as it winds down the products, Ms.
Riess said. That should occur sometime next year, she added.
Capital One has no intention of selling payment protection or
credit monitoring products "in the future because the economics of
our credit-card business does not depend on revenues from add-on
products," Richard Fairbank, chairman and chief executive officer
of the bank, said on an earnings conference call last month.
Fairbank said Capital One's third-party vendors "did not
uniformly adhere to our sales scripts and the explicit instructions
we provided to agents for how these products should be sold."
Discover also expects the CFPB and Federal Deposit Insurance
Corp. to take a joint enforcement action against it regarding its
marketing of payment protection and other add-on products. The
company said in a filing with the Securities and Exchange
Commission in June that the cost of such an action could exceed
what it has already accrued for litigation and regulatory matters
by $110 million.
The Riverwoods, Ill.-based lender generated $101.2 million in
revenue from payment protection, ID-theft protection and other
add-on products in its fiscal second quarter. The amount was down
3.7% from a year earlier, which the company attributed to changes
it has made to sales practices based on regulator feedback.
In addition to eliminating payment-protection products, Bank of
America also stopped offering ID-theft protection services to
credit-card customers late last year, Ms. Riess said.
Bank of America has received inquiries from regulatory
authorities regarding ID-theft protection services, "including
customers who may have paid for but did not receive" certain
services from third-party vendors, the company said in a filing
with the SEC earlier this month.
Discover, like Bank of America, settled class-action litigation
alleging it enrolled customers in payment-protection services
without their consent and misrepresented product features when
pitching them to consumers. J.P. Morgan Chase & Co. (JPM),
Capital One and HSBC Holdings PLC (HBC) have also reached
settlements in similar litigation in the last two years.
Richard Golomb, a plaintiffs' attorney involved in those cases,
said he does not expect many banks will eliminate such products
entirely.
"I think these banks and credit-card companies will try to do
anything to generate revenue to the extent that they can, and ..
until it doesn't make sense for them to do it anymore they'll
continue to do it," said Mr. Golomb, a managing shareholder of law
firm Golomb & Honik PC.
Write to Andrew R. Johnson at andrew.r.johnson@dowjones.com
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