Archive for October, 2009

With unemployment teetering at 10% and many businesses reluctant to hire, it should come as little surprise that job competition is stiff. A new report by MSNBC shows just how stiff: there are currently 6.3 unemployed workers on average competing for each job opening.

According to the Department of Labor, job competition is up from 1.7 workers per opening in 2007, when the current recession began. DOL has been tracking job competition statistics since 2000.

Employers have cut a total of 7.2 million jobs since December, 2007, and while that rate is slowing, job creation is not expected to recover any time soon.

Many economists predict the unemployment rate to peak at 10% next year and remain at the current level throughout most of 2010, creating a difficult job climate for millions of competing unemployed Americans.

According to a September report by CNN, the federal stimulus has created or saved 1 million jobs, helping to stem the tide of unemployment.

Unemployment is a significant factor for many people filing bankruptcy. Those hardest hit by unemployment may soon find themselves with few other options to fight off mounting debts.

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Total bankruptcy filings for 2009 are on track to hit 1.4 million by year's end, according to recent statistics, with more than 5,900 personal bankruptcy petitions filed each day nationwide.

Between January and September, more than 1.07 million petitions were filed, according to statistics collected by Automated Access to Court Electronic Records, or AACER, a nearly 33% increase over the same period of 2008.

The rate of filings peaked in May, with more than 6,000 individuals filing bankruptcy per day, but has decreased only slightly as the recession wears on.

Bankruptcy Filings Return to 'Natural Levels'

The continual rise in bankruptcy rates from 2006's low should be expected, according to University of Illinois College of Law professor Robert Lawless. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCA) that took effect in 2005 led to an immediate decrease in filings, but only due to the massive increase in the month before it took effect.

Lawless sees it as a "return to the 'natural level' of bankruptcy filing rates in this country."

Current economic conditions have only sped up the process by which people run out of options and turn to bankruptcy protection, Lawless says.

"When people can no longer borrow on their credit cards to stave of the day of reckoning, they end up in bankruptcy court."

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Saturday, October 10th, 2009

Long Live the Gift Card?

When gift cards turned plastic, they seemed like the perfect present – convenient, easy to keep track of, and flexible for the recipient. But some gift cards – especially those issued by credit card companies – have been charging fees for card value unused after a certain point.

American Express: No More Dormancy Fees

Whether or not the move is part of a reaction to government attacks of credit and debit card fees is not clear, but American Express has announced that it will no longer charge monthly fees for gift cards that go unused.

On its website, AmEx announces that the elimination of monthly fees began September 30 and applies to all gift cards – those in stores, online and already in people’s wallets. Taken alone, this is good news. But American Express’s move may not cause others in the industry to follow.

  • Visa cards are more widely accepted among retailers, which means that they may not feel motivated to adopt a similar no-dormancy fee policy.
  • Chase cards come with a monthly fee of $2.50 beginning a year after the card is issued. The company hasn’t made any announcements about fee changes.
  • American Express cards still cost between $2.95 and $6.95 to purchase and activate.

Credit Card Reforms and Gift Cards

The recently passed Credit CARD Act, which will bring various credit card reforms early next year, also has some provisions that will regulate gift cards. These include:

  • Dormancy fee limits: Inactivity for at least one year is required before card issuers can charge dormancy fees to a card.
  • Fees on packaging: Issuers must “clearly and conspicuously” identify all activation and other fees on the packaging of the card.
  • Bans on early expiration dates: Gift cards will be prevented from expiring within five years of their issue.

Take Home Lesson: Proceed with Caution

If you’re interested in giving gift cards to your loved ones, consider getting store-specific cards, which generally don’t have activation fees or dormancy fees. Further, you can rest assured knowing it will be accepted at the outlet you have in mind.

Additional Resources

Notice on Prepaid Cards in the Credit CARD Act of 2009 (PDF)

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A recent article in The New York Times suggests that various members of Congress and the Obama administration have begun considering a program that would provide tax credits to employers who take on new employees.

A version of the program was apparently most recently implemented in 1977, when unemployment was similarly elevated from an economic recession. The current plan is still in its proposal stages, but here are the basics of how it would work.

  • Employers would take on new staff members, or extend the hours of current employees. Jobs are often the last part of the economy to pick up after a recession, so the tax credit would initially stimulate hiring.
  • Employers receive a tax credit for the new hires. While the credit could take a variety of forms, it would essentially mean that employers were relieved in some way of their payroll taxes. Thus, hiring a new person would be less expensive than it would be otherwise.
  • Businesses bring on workers sooner rather than later. The intended effect of such a measure, naturally, is that employers begin hiring sooner than they would have otherwise, since they would in practice get new workers for a discount.

Some economists apparently think that, timed right, a tax break of this kind could stimulate hiring like few other measures.

Bankruptcy and Potential Drawbacks

Naturally, the new-hire tax credit is by no means a guaranteed solution to the problem of unemployment. Among its flaws, some critics point to the following:

  • Potential employer exploitation: Some employers could take advantage of the “discount employees” they’d get by hiring while the tax credit was effective and firing the employees as soon as the savings ended.
  • Potential aid for dying companies: Another drawback could be that the credit would end up supporting companies that are in the process of going out of business, are not sustainable, or are at risk of filing bankruptcy; and that the jobs in those businesses would end before very long.

Again, this potential economic stimulant is still in its very early stages, so check this blog for updates as more information becomes available.

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Thursday, October 8th, 2009

FTC Updates Endorsement Regulation Guidelines

On October 5th, the Federal Trade Commission announced an update to guidelines for advertisers who use testimonials. To clarify, no new legislation is involved; the FTC simply updated the suggestions for staying in compliance with the FTC Act.

Last modified in 1980, the guidelines refine the requirements for advertisers using testimonials and endorsements to sell products and services.

What You Need to Know

These changes are significant to consumers because they change what information advertisers are required to present about a product and how they’re required to present it. Here’s a look at what you may notice next time you’re watching TV or flipping through a magazine:

  • Typical results must be disclosed: You’ve probably seen ads for weight-loss supplements that show people losing enormous amounts of weight using a product – with small text that reads “results not typical.” Under the new guidelines, advertisers are required to explain what typical results may look like, as well, to give a more honest picture of what the product can do.
  • Material connections must be disclosed: The new guidelines require endorsers to reveal all incentives – cash and otherwise – they receive for pitching a product. This condition has become important since blogging became popular: in some cases, corporations pay seemingly independent bloggers to post positive messages about a product, effectively deceiving readers (morally bankrupt payday loan stores reportedly tried something of the sort not long ago).
  • Celebrities can take the heat, too: Under the old guidelines, celebrity endorsers ran no risk of being held legally responsible for any of the claims they made during their endorsement – all the culpability went to the company. The revised guidelines, though, place more responsibility on celebs, opening them to liability for the claims they make.
  • Non-traditional endorsements must be disclosed: The new regulations also require celebrities endorsing or promoting products in non-traditional advertising outlets (during a talk show, for example) to reveal any material connections they have with the company that makes the product in question.

How this Can Help You

Much of what the FTC does is designed to help you, the consumer, sift through the claims and promises made by large companies and advertising firms. While no regulatory body can stay ahead of innovations, it’s nice to know that the FTC continues to protect the people.

If you think you may have been victimized by deceptive or illegal advertising, you may want to fill out a consumer complaint form on the FTC’s web site.

You may also wish to talk to a local attorney about filing bankruptcy if your finances are in disarray.

Additional Resources

Text of the FTC’s Federal Register Notice (PDF)

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Former Nebraska lineman Aaron Taylor is hoping to regain his NCAA championship rings and other memorabilia he surrendered after filing bankruptcy in an upcoming auction, according to a report by the Omaha World-Herald.

Taylor, who was part of three championship-winning teams in the 1990s, filed bankruptcy in Nebraska's western district last month, stemming from debt related to a restaurant he and other former NU stars opened in 2006.

As part of his chapter 7 filing, Taylor forfeited his three national championship rings, four district championship rings, and Outland Trophy. His petition listed assets of $5,300 and debts of about $110,000, according to the OWH article.

Because the value of the memorabilia is difficult for the bankruptcy trustee to determine, an auction is scheduled to take place Oct. 31 in Scottsbluff, NE, with proceeds going to pay Taylor's creditors. Taylor hopes that, with help from his parents and donations from fans, he will be the winning bidder for his college sports memorabilia.

Nebraska bankruptcy laws allow exemptions of up to $2,500 for "any personal property".

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A recent survey conducted by IBM found that Americans are trimming their spending in this recession, no matter how much income they pull in each year. Here’s a look at how people are saving and how to make similar cuts work for you.

Saving Strategies at the Supermarket

  • Shopping around: 49% of respondents have apparently begun hitting multiple stores to get the best deals on food products. This strategy can be effective, especially if you currently rely on costly convenience stores for the basics. But beware of driving too far for a bargain – your time and gas are valuable, too.
  • Buying less: More than half (52%) of those surveyed noted that they now buy less at the grocery store. If you choose to follow this strategy, be sure you cut back on expensive items you don’t need and food you end up tossing rather than eating. And don’t buy so little you’ll be hungry all the time – grocery store prices are much lower than those at restaurants and fast-food joints.
  • Looking for new foods: Among those making $20 thousand or less per year, 45% admitted to turning to foods that kept them full for longer periods of time. This can be doubly effective, since many foods that meet this criterion (such as oatmeal, lentils, rice, beans and potatoes) are generally inexpensive as well.
  • Trimming luxury brands: A significant number of those surveyed (34%) mentioned opting for less-expensive versions of health care and beauty products, rather than sacrificing them altogether. This can be very effective, especially if you compare ingredient lists to make sure you’re getting exactly what you want before you buy it.

Frugality Beyond the Recession?

Perhaps surprisingly, a majority of respondents indicated that they will be continuing some or all of their money-saving strategies once the recession ends – 60% said they’d keep exploring various grocery stores for bargains.

This is perhaps the wisest move of all.

And, based on a study conducted by AlixPartners earlier this year, the frugal future of Americans may be more than an optimistic hope.

In fact, the group’s study suggested that our country’s spending levels after the recession will be at only 86% of what they were before the stock market collapsed.

That may be bad news for some industries, but those dealing with debt, job loss or rebuilding finances after filing bankruptcy, every little bit helps.

Additional Resources

Government Consumer Expenditure Survey Booklet (2005 – 2009) (PDF)

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Friday, October 2nd, 2009

Bank of America Trims Overdraft Fees

In late September, Bank of America announced in a press release that it has modified its policy for charging what it calls overdraft fees, but what some critics classify as abusive overdraft loans.

In some cases, "overdraft fees" and other credit card fees and practices cause some people to file bankruptcy.

What are Abusive Overdraft Loans?

In the era of debit card usage, it’s far too easy to spend more money than we have. And most banks allow customers to make transactions even if they don’t have sufficient funds in their accounts – but each such transaction results in a fee.

The so-called fee is, essentially, a super-short term loan: the bank covers your purchase and you repay the amount plus $25 – $35. This may not sound like much, but if you make several over-limit purchases in a day, it can add up.

Bank of America’s New Policy

Earlier this year, BoA introduced fee increases, but apparently changed their plans in light of the negative publicity credit cards have received recently (Credit Cardholders’ Bill of Rights, anyone?).

Here’s a summary of what the new BoA policies will look like beginning October 19th:

  • For overdrafts totaling less than $10 in a single day, Bank of America will not charge any overdraft fee, as long as the account is settled within five days. (A $35 fee will be levied if the account remains unbalanced after that period.)
  • The bank will set a limit of four overdraft charges in a single day. (This is a change from the policies introduced earlier, which raised the cap to ten.)
  • BoA will also modify the opt-out process so consumers can choose not to have “overdraft protection” on their accounts. For the time being, you may have to go to a physical bank location to do this, though the bank is reportedly setting up a phone service.
  • BoA will outline fees and charges in what it calls “Clarity Commitment” – apparently this will provide a plain-language explanation of their overdraft system.

Protecting Yourself from Abusive Overdraft Loans

If you aren’t sure whether or not your bank offers overdraft protection, be sure to find out. In most cases, opting out of such programs is a good idea. By eliminating the service, you will likely be denied when you try to make a purchase or withdrawal from your account when you have insufficient funds.

For most consumers, the temporary embarrassment is a better bargain than the permanent fees.

Additional Resources

Summary: Credit CARD Act of 2009 (PDF)

Study: Overdraft Protection Programs: The Emerging Battleground for Bankers and Consumer Advocates (PDF)

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In a press release September 29th, the Federal Reserve introduced rules for implementing the Credit CARD Act of 2009. Specifically, the rules provide strategies for credit card issuers to follow in order to comply with the terms of the Credit Cardholders’ Bill of Rights, which was enacted earlier this year and takes full effect in 2010.

The rules outline appropriate actions for the following areas.

Proof of Income at Application

Currently, most credit card issuers do not require applicants to provide proof of income when they apply for cards. But the Credit CARD Act calls for proof that applicants will be able to make timely payments, so the Fed’s new rules require potential cardholders to show:

  • Income from salary, wages, bonuses, part-time work, military work, self-employment, tips, commissions and seasonal/irregular jobs
  • Income from investment dividends, interest, retirement benefits, public assistance, child support, alimony and other types of maintenance
  • Savings accounts and/or investments
  • Credit reports and/or credit scores

These rules address problems in the credit card industry that also manifested themselves in the subprime mortgage lending industry during the real estate boom that peaked in 2007.

Restrictions on Younger Applicants

Because credit card debt for college students has gotten attention as it has increased in recent years (the average 2008 graduate owed $3,173, according to Sallie Mae), the Fed’s proposed regulations address this issue as well.

Specifically, the Federal Reserve’s guidelines indicate that:

  • Credit card companies cannot lure college students with free items in exchange for filling out an application within 1,000 feet of a college campus.
  • Card issuers can still offer free items to college students, but they may not make receipt of these items contingent upon filling out an application.
  • Potential cardholders younger than 21 must provide proof of income or have a cosigner on their application. According to the Fed’s rules, the cosigner can be anyone 21 or older (broadened from the Credit CARD Act’s specification that this person must be a parent or guardian).

When It All Happens

  • The first changes from the new law took effect on August 20.
  • On February 22, 2010, most major elements of the law (including regulations on rate hikes and younger applicants) will take effect.
  • In August 2010, the remainder of the provisions will become effective.

If you're struggling with credit card debt, bankruptcy may be one way to eliminate excessive financial burden. Consider talking with a local attorney about your options, including filing bankruptcy.

Additional Resources

Federal Reserve’s Proposed Rules for Implementation of the Credit CARD Act of 2009 (PDF)

Sallie Mae Study: How Undergraduate Students Use Credit Cards (PDF)

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