A case for regulating credit card interest rates

SC removes credit card interest rates cap
As credit card interest rates set to soar post-Supreme Court ruling, systemic reforms are vital to protect vulnerable consumers from financial exploitation.

The Supreme Court’s decision to overturn a 2008 ruling by the National Consumer Disputes Redressal Commission which capped credit card interest rates at 30% annually on late bill payments has sparked widespread concerns about the exploitation of credit card customers. The ruling raises urgent questions about consumer protection in an era of soaring credit card interest rates and opaque lending practices.

Banks now enjoy significant flexibility in setting interest rates, potentially paving the way for rates exceeding 30% for late payments. This development highlights the need for systemic reforms to safeguard hapless customers from predatory credit card practices that could deepen financial distress, particularly for low-income and vulnerable individuals.

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Credit card interest rates cap gone

Credit cards, often marketed as symbols of financial freedom, have become synonymous with debt traps and exploitative practices. Reports reveal the complex ways in which credit card companies extract revenue, often at the expense of financially vulnerable customers.

The absence of a regulatory cap means interest rates on credit card balances can range from 36% to 50% annually for defaulting customers. Compounding interest, minimum payment requirements, and penalties lead to debt burden, often locking customers into prolonged cycles of repayment. Several countries like Australia, Hong Kong, and the Philippines maintain lower rates, despite similar economic conditions.

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Credit card agreements are notoriously complex, filled with fine print that obfuscates true costs. Aggressive marketing campaigns frequently target financially inexperienced demographics, such as young adults and college students, luring them with seemingly attractive rewards programs. Once customers are locked in, hidden fees and penalties surface, compounding financial distress.

India has witnessed a significant surge in credit card debt in recent years, raising concerns about the financial health of consumers. As of June 2024, outstanding credit card dues rose to Rs 2.7 lakh crore from Rs 2 lakh crore in March 2023, marking a compound annual growth rate of 24% over the past five years. This rise is in line with rising credit card transactions, which have tripled over the past three years, reaching Rs 18.31 lakh crore in fiscal year 2024 from Rs 6.30 lakh crore in fiscal year 2021.

The default rates have also risen, with credit card non-performing assets increasing to 7.6% in December 2024 from 1.8% in June 2024. This escalation in debt and defaults highlights the pressing need for regulatory intervention to protect consumers from potential financial distress.

Actionable reforms to protect consumers

The Reserve Bank of India (RBI), while emphasising that banks should avoid excessive rates, has refrained from setting a fixed cap, delegating the responsibility to individual bank boards. This hands-off approach has allowed credit card issuers to exploit legal loopholes, much like their counterparts in the US, where retail cards carry average annual percentage rates of over 30%.

To address the growing concerns over the credit card market, a multi-pronged approach is required. This includes regulatory caps, enhanced transparency, restrictions on exploitative marketing, and the promotion of alternative credit systems.

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The government must introduce tiered caps that reflect credit risk while protecting vulnerable consumers. Prohibiting daily compounding of interest and linking rates to benchmarks like government securities can significantly alleviate consumer debt burdens.

Regulators should enforce standardised disclosure practices, ensuring that customers receive clear and comprehensible information about fees, penalties, and interest rates. Monthly statements must highlight the long-term costs of minimum payments, empowering consumers to make informed financial decisions.

Restricting predatory practices

Aggressive marketing campaigns must be reined in. Prohibiting misleading promotions, such as zero-interest EMIs with hidden fees, and implementing mandatory financial literacy programs are essential steps to curb exploitative tactics.

Debit-card-linked credit systems, buy-now-pay-later schemes, and personal loans with structured repayment plans offer viable alternatives to traditional credit cards. Regulators should encourage financial institutions to innovate in these areas, providing safer and more consumer-friendly options.

A dedicated grievance redressal mechanism is crucial to resolving disputes efficiently. An independent credit card ombudsman can address issues ranging from billing errors to hidden fees, ensuring accountability and consumer compensation.

The Supreme Court ruling, while a setback for consumers, presents an opportunity for systemic reform. Policymakers, financial institutions, and consumer rights organisations must collaborate to create a credit ecosystem that prioritises transparency, fairness, and financial inclusivity.

In the absence of meaningful reforms, unchecked credit card interest rates and exploitative practices will continue to erode consumer trust and financial stability. The time to act is now—to ensure that credit cards empower, rather than exploit, India’s hapless customers.