Creditcard users will be better off after new credit card laws go into effect inFebruary. (Photo by Jami Custer)

New credit card laws designed to help consumers

Creditcard users will be better off after new credit card laws go into effect inFebruary. (Photo by Jami Custer) Creditcard users will be better off after new credit card laws go into effect inFebruary. (Photo by Jami Custer)
Creditcard users will be better off after new credit card laws go into effect inFebruary. (Photo by Jami Custer)
BY JAMI MURPHY
11/30/2009 07:14 AM
TAHLEQUAH, Okla. – This year credit card companies and consumers were introduced to new laws designed to help protect consumers. Some laws went into effect in August, but others will not take effect until December and late February.

According to one Cherokee Nation employee, these laws have been needed for several decades because the credit card industry has gone unregulated, raising interest rates and changing terms of credit card contracts for millions of customers while they could.

“With the current economy and financial institutions being held to a stricter code of ethics and operations, reform was just a matter of time,” Deborah Vanderpool, a Self-Sufficiency supervisor with the tribe’s Commerce Group, said. “Consumers have been subject to unscrupulous credit card practices for decades, and we’ve still got a few months until we are fully protected.”

In response to the laws, many banks and credit card issuers have tightened standards for issuing cards, and most all have made it more difficult to qualify for a credit card.

“In a survey of the largest national banks, including 19 that issue credit cards, 68 percent indicated to bank examiners that they had tightened credit card lending standards during the 12-month period ending March 31, 2009,” Vanderpool said.

She said the new laws would affect people who use or will use a credit card and that benefits of these changes are huge for consumers.

In the past, credit card issuers could change account terms, including interest rates and fees, without giving much notice. Now, according to the new laws, lenders must give account holders at least 45 days advance notice of significant changes.

Other big changes include informing customers of the right to cancel an account and that cancelling does not require the users to immediately pay off the balance. Further changes include:

• Monthly credit card bills must disclose the dates by which payments must be received to avoid late penalties and the dates that late fees will be charged to the accounts.
• Card issuers must include warnings in monthly statements indicating consumers who only make minimum payments that the amount of time it will take to pay off the debt in full and the interest they will pay will increase.
• Card issuers must disclose whether interest rates will increase if one or more payments are not received on time and what the penalty interest rate will be. This notice must appear on the monthly statement near the payment due date.
• Consumers can opt out of significant changes in terms to their accounts, including interest rate hikes and increase in fees and other charges.
• Cardholders who are more than 60 days late making payments do not have the right to opt out of APR increases.
• Credit card issuers must inform card users of the right to cancel when they mail the 45-day advance notice of the change in terms.
• Opting out is not considered defaulting on the account and should not be penalized by the card issuers.
• Issuers cannot demand payment in full of the outstanding balance or charge monthly maintenance fees on closed accounts if the consumer rejects the changes in terms.
• Opting out does not include raising minimum monthly payments required as this would actually be better for the consumer and pay off the card balance earlier.

“Currently opting out of interest rate hikes is only granted at the card issuer’s discretion and is not a consumer right,” Vanderpool said. “Opting out will allow the consumer to pay the old, lower interest rate but will not allow further purchases on the card.”

She said there are three methods for repaying balances on accounts that have been closed by consumers choosing to reject changes. They are: paying the balance over at least five years, charging a minimum payment that is up to twice the percentage charged before the change in terms and using the same repayment plan used on the account at the time the consumer rejects the change in terms.

Vanderpool said retroactive interest rate hikes on existing balances are banned except when an introductory period ends, the interest rate is tied to an index and is variable, the card user completes the terms of a workout plan for debt repayment or fails to comply with a workout plan or the card user is more than 60 days late making monthly payments.

Vanderpool said consumers younger than 21 who are not authorized users on a parent’s account must show proof of income to repay credit card loan or have an adult co-signer if they want accounts in their own names.
About the Author
Reporter

Jami Murphy graduated from Locust Grove High School in 2000. She received her bachelor’s degree in mass communications in 2006 from Northeastern State University and began working at the Cherokee Phoenix in 2007.

She said the Cherokee Phoenix has allowed her the opportunity to share valuable information with the Cherokee people on a daily basis. 

Jami married Michael Murphy in 2014. They have two sons, Caden and Austin. Together they have four children, including Johnny and Chase. They also have two grandchildren, Bentley and Baylea. 

She is a Cherokee Nation citizen and said working for the Cherokee Phoenix has meant a great deal to her. 

“My great-great-great-great grandfather, John Leaf Springston, worked for the paper long ago. It’s like coming full circle. I’ve learned so much about myself, the Cherokee people and I’ve enjoyed every minute of it.”

Jami is a member of the Native American Journalists Association, and Investigative Reporters and Editors. You can follow her on Twitter @jamilynnmurphy or on Facebook at www.facebook.com/jamimurphy2014.
Reporter Jami Murphy graduated from Locust Grove High School in 2000. She received her bachelor’s degree in mass communications in 2006 from Northeastern State University and began working at the Cherokee Phoenix in 2007. She said the Cherokee Phoenix has allowed her the opportunity to share valuable information with the Cherokee people on a daily basis. Jami married Michael Murphy in 2014. They have two sons, Caden and Austin. Together they have four children, including Johnny and Chase. They also have two grandchildren, Bentley and Baylea. She is a Cherokee Nation citizen and said working for the Cherokee Phoenix has meant a great deal to her. “My great-great-great-great grandfather, John Leaf Springston, worked for the paper long ago. It’s like coming full circle. I’ve learned so much about myself, the Cherokee people and I’ve enjoyed every minute of it.” Jami is a member of the Native American Journalists Association, and Investigative Reporters and Editors. You can follow her on Twitter @jamilynnmurphy or on Facebook at www.facebook.com/jamimurphy2014.

News

BY STAFF REPORTS
09/19/2014 10:52 AM
TAHLEQUAH, Okla. – The local Help-In-Crisis shelter in Tahlequah will hold an “All you can eat” breakfast on Sept. 20 at the Masonic Cherokee Lodge 10 located at 121 West Choctaw in Tahlequah. Penny Gifford, Help-in-Crisis volunteer coordinator and event planner, said the breakfast will be from 7 a.m. to 10 a.m., will cost $7 and will offer items including biscuits and gravy, pancakes, sausage, bacon and juice. The lodge provides the breakfast and all funds made will be used to help purchase basic living needs for the women and children in the shelter. “Most normally they (abused women and children) have left everything behind,” Gifford said. “We basically help them start their lives over.” Currently there are 33 participants residing in the shelter and of those 56 percent are Native American. Gifford added the lodge will also be matching funds raised during the breakfast. “The more tickets sold the better,” she said. Those interested in purchasing tickets in advance can call the shelter at 918-456-0673. They will also accept money at the door. According to Help-In-Crisis, it was established in around 1980 by a “group of concerned volunteers to provide safety and shelter to battered women and their children.” Its mission is to “eliminate family violence, stalking, child abuse and sexual assault through advocacy, education, counseling, support and prevention services.” They are a non-profit organization and offer a hotline if one is in need of help. Those in need can call 1-800-300-5321. The organization serves Cherokee, Adair, Wagoner and Sequoyah Counties.
BY STAFF REPORTS
09/16/2014 10:51 AM
BARTLESVILLE, Okla. – The Oklahoma Indian Summer Festival is Sept. 18-21 at the Bartlesville Community Center. The state’s largest intertribal event and cultural exchange features a powwow with both competitive and non-competitive dancing on Friday and Saturday and a juried Native American and Western Art Show and Market, showcasing the talents of more than 30 artists, the <a href="http://www.okindiansummer.org" target="_blank">okindiansummer.org</a> website states. The event will consist of free outdoor concerts, an art market, a carnival, cultural demonstrations, story telling and a Friday and Saturday powwow. According to the website, artist Bunky Echo-Hawk will be a special guest. “A graduate of the Institute of American Indian Arts, he is a ?ne artist, graphic designer, photographer, writer and a non-pro?t professional,” the site states. “Bunky is a traditional singer and dancer of the Pawnee Nation and an enrolled member of the Yakama Nation.” Christian Parrish or SupaMan, an Apsaalooke American Indian, will also be present during the event. He is from the Crow Nation reservation near Billings, Mont., and is also a champion powwow fancy dancer. There will also be several food vendors, including Monie Horsechief, a two-time National Indian Taco Champion. Admission is free and the event is open to the public. For a line up of events visit <a href="http://www.okindiansummer.org" target="_blank">okindiansummer.org</a>
BY STAFF REPORTS
09/15/2014 10:25 AM
TAHLEQUAH, Okla. – The next meeting of the Tahlequah Writers group is 2 p.m., Sept. 20 at the Cherokee Arts Center at 212 S. Water St. During the meeting, Cherokee author Faith Phillips will discuss her first published novel, “Ezekiel’s Wheels.” The novel is set in this area and explores two story lines: one on the Trail of Tears and the other a contemporary journey that leads into a supernatural happening connecting the two tales. Phillips will share with attendees how she became a writer, giving up a law career and how her first book came to publication, as well as how she is promoting the work. She has published short stories and music reviews and has a passion for this area of Oklahoma. Additionally, facilitator Karen Cooper said she hopes to hear what Tahlequah Writers participants are writing, what promotional events have been attended, as well as about any learning sessions attended. Upcoming activities also will be discussed. Cooper is encouraging aspiring writers and writers to check the Tahlequah Writers Facebook page to see postings about contests, workshops and other writing opportunities. The purpose of the Tahlequah Writers group is to inspire and cultivate writers in northeastern Oklahoma, to serve as a support group for aspiring authors and explore opportunities of attaining professional writing careers. The public is invited to participate. For more information, call Cooper at 918-207-0093 or email <a href="mailto: karcoocoo@att.net">karcoocoo@att.net</a>.
BY TESINA JACKSON
09/12/2014 04:00 PM
CATOOSA, Okla. – Cherokee Nation Gaming Commission employees informed the CNGC’s board of commissioners on Aug. 22 that Cherokee Nation Entertainment, the tribe’s gaming arm, is not properly reporting some complimentary items given away at CNE facilities. Internal auditor Traci Asher told commissioners that CNGC employees have found issues regarding manual complimentary items, which are given free usually as part of a promotion. “We did touch on all the manual comps, but we did find that they’re (CNE employees) using those manual comp books. And it’s just a book that has copies in it, so they write out a comp instead of running it through the system,” Asher said. “They’re actually using a lot of these comps in internal administrative expenses, so they weren’t redeeming them correctly. So we brought that to their attention. We had some employees that had been granted incorrect system permissions for comping privileges.” Internal administrative expense comps are complimentary items that include the cost of an administrative function where certain items such as food or beverage items are provided. Cherokee Nation Businesses CEO Shawn Slaton said forms for the manual comps and internal administrative expenses are similar in appearance and “on rare occasion the wrong form may have been used.” He said the forms are being redesigned to make them more distinguishable and less likely to be confused. The CNGC regulates and oversees conduct of all gaming operations, including auditing, to ensure compliance with the tribe’s Gaming Commission Act and any regulations adopted by the CNGC. The commission also enforces any gaming-related compacts with the state, as well as federal gaming laws. Under the Gaming Commission Act, the CNGC reviews financial records to ensure proper accountability. When working with CNE, Asher said normally the commission issues CNE an audit draft so responses can be given. “With that, we work with them for about seven to 10 days, and if they can provide us any evidence that would negate those findings then we will take them out,” she said. Under the Gaming Commission Act, the CNGC can “inspect, examine and monitor all gaming facility activities on a continuing basis and to have immediate, unfettered access to all areas of a gaming facility to review, inspect, examine, photocopy and/or audit all records of the facility.” Asher said the CNGC only focused on manual comps and not internal administrative expenses. CNGC Director Jamie Hummingbird said the commission would need to have another discussion with CNE regarding its terminology, particularly where CNE employees are using manual comps in the place of internal expenses. “We advised them at that time that the terminology that they were using could be problematic, and I think that is evident with some of the ones that we’ve seen here,” he said. “Plus, we are seeing indications that their staff is not being fully trained or really knows how to discern whether it’s an administrative expense or is an administrative comp. And is it a service recovery comp or is it something different? So we need to sit down with them again and see if we can refine the terminology and treatment of these things so that we are reflecting true comps versus true expenses.” Slaton said complimentary items are issued from and redeemed through CNE’s player tracking system and include, but are not limited to, food and beverage items, lodging, merchandise and entertainment expenses. Audits of complimentary activities take place daily by CNE’s revenue audit department,” he said. “CNE complimentary activity is also audited annually by both a CNGC audit and CNB internal audit services.” He added that CNE’s daily complimentary audit examines redeemed complimentaries to ensure they were properly authorized and redeemed based on CNGC regulations and CNE policy and procedures. Slaton said CNE makes every effort to meet and comply with CNGC regulations and reporting timelines. “According to CNE’s records, during the 13-month audit period, 10 reports were filed on a timely basis. November and December reports were delayed due to technical issues in compiling the report. Once completed, the reports were submitted. The April report was submitted 5 days outside the agreed-upon filing period,” he said. “Different reports have different filing deadlines, and CNE makes every effort to meet those timelines. CNGC regulations and CNE policy and procedures are silent as to a deliverable timeline for the monthly complimentary audit reports noted. There are differences over whether a verbal agreement exists for a 30- or 45-day deadline for these report.” Another issue addressed was the CNGC finding a $10,000 comp for Toby Keith’s I Love this Bar and Grill that was not redeemed. “So I don’t know if that was an error on somebody’s part that never got voided or how that happened, but it was a system anomaly that no one could explain to us,” Asher said. Asher said because it was never redeemed, it was decided that it wasn’t going to be an issue. CNGC Commissioner Ruth Ann Weaver asked if employees found where the $10,000 came from or went. “How that happened and how the system allowed it to happen or if it was just a system anomaly, we can’t make that determination on the evidence that we were given,” Asher said. Hummingbird said CNE initially said the comp was never issued. Once the commission showed CNE its own report with the comp, CNE still couldn’t find it. Weaver asked if that is the $10,000 that was spent at Toby Keith’s I Love this Bar and Grill, Hummingbird said yes. “They’re not going to tell me that wasn’t spent,” Weaver said. Hummingbird said this is one of the unresolved issues the commission has with Cherokee Nation Businesses, the tribe’s business arm, which CNE falls under. “At this point, since the comp has not been redeemed, that we can tell, we can’t say one way or another whether is appropriated or not appropriated,” he said. Slaton said there was never a $10,000 comp issued or redeemed at Toby Keith’s. Asher also told commissioners that CNGC staff has had issues getting inaccurate reports from CNE. “We also had some issues where we were getting the reports, but I guess during the export process, when they’re (CNE) exporting those reports from the casino management system into an excel spreadsheet that they send to us, that some of those columns are getting mixed up and some of the data is getting transferred,” Asher said. “So when we’re trying to do our analysis of those, we’re running into some big problems of inaccurate data. So that kind of hindered some of our review.” Slaton said to his knowledge all reports were submitted accurately. Hummingbird said he would bring to the commission on Sept. 12 a proposed revision to clarify what types of variances the commission will look in the future to prevent such issues. That meeting was slated for 9 a.m. at the Hard Rock Hotel & Casino Tulsa.
BY STAFF REPORTS
09/12/2014 01:31 PM
TAHLEQUAH, Okla. –The Encore! Performing Society in Tahlequah will hold auditions on Sept. 13 for its performance of The Nutcracker. The auditions will be separated into five age groups ranging from children age 5 to adults. The 5- to 7-year-olds must arrive at 9:30 a.m. with auditions being from 10 a.m. to 10:30 a.m. The 8- to 11-year-olds must arrive at 10 a.m. with auditions being from 10:30 a.m. to 11 a.m. The 12 to 15-year-olds must arrive at 10:30 a.m. with auditions being from 11 a.m. to 12 p.m. The 15-year-olds and older with dancing parts must arrive at 11:30 a.m. with auditions being from 12 p.m. to 1 p.m. The adults without dancing parts but with some acting will have auditions at 1 p.m. to 1:30 p.m. The audition fee is $10. Auditions will take place at the Academy of Preforming Arts located at 17328 S. Muskogee Ave. For more information, call 918-803-1408 or email <a href="mailto: encoreperformingsociety@gmail.com">encoreperformingsociety@gmail.com</a>.
BY STACIE GUTHRIE
09/12/2014 09:05 AM
TAHLEQUAH, Okla. – The Cherokee Nation Tax Commission heard about an issue regarding the tribe’s veterans sales tax exemption cards during its Sept. 10 meeting. CNTC Administrator Sharon Swepston said her department has received calls from businesses that are not licensed by the tribe asking questions about the sales tax exemption card because Cherokee veterans who have received the tribally issued cards are trying to use them at those businesses. The sales tax exemption cards are for CN veterans and are to be used at CN-licensed retailers. With the card, veterans are exempt from paying a 6-percent sales tax at CN-licensed businesses on most items. The card cannot be used to receive exemptions on gasoline, tobacco or alcohol. Swepston said when the CNTC mails the cards, a list of CN-approved locations such as the Cherokee Arts Center, Cherokee Trails Golf Course and CN smoke shops is included. She said the list does not include locations such as Lowe’s, Wal-Mart or Chili’s Restaurant. The card also allows for tax exemptions at CN casinos for rooms, retail items, concert tickets and food. For a qualifying CN veteran to a receive sales tax exemption card, he or she must complete and mail in an application form, along with copies of his or her tribal citizenship card, Oklahoma driver’s license and DD-214 form, a Defense Department form that identifies a veteran’s condition of discharge. Once a veteran is approved, he or she will receive a card along with the list of approved retailers. If the retailers list is changed, a new one will be sent out to those who have the cards. The sales tax exemption cards have been available since July 2013. The card lists a veteran’s name, address, expiration date and exemption number. The card is available to all CN veterans, regardless if they are 100 percent disabled. “This is for any veteran that is a Cherokee citizen,” Swepston said. “It’s just that you can only use it at our licensed facilities.” According to a 2013 Cherokee Phoenix story, on receipts the tax is listed as a tribal transaction fee and applies to all items of value or services or goods rented, leased, bought, sold or exchanged from businesses operating on tribal lands. Applications for the veteran sales tax exemption cards can be found at www.cherokee.org under the “Our Government” tab then by clicking on the “Commissions” tab and by selecting “Tax Commission.” Also at the meeting, the CNTC unanimously amended language in the tribe’s Motor Vehicle Rules and Regulations regarding vehicle inspections. The language previously stated that vehicle inspections were for all “previously registered vehicles entering the reservation boundaries of the Cherokee Nation…” It was changed to “All previously registered vehicles entering the Cherokee Nation compact jurisdiction…” The amendment is effective immediately. The commission also added language to the tribe’s Application for Certificate of Title, VIN and HIN/Serial documents. The new language states, “I, the undersigned, under the penalties of perjury do solemnly swear (or affirm) that I am the owner or legal agent of the owner of the above described vehicle and that the statements contained herein are true,” as well as, “Also I, the undersigned do hereby submit to the jurisdiction of the Cherokee Nation and its courts for purposes of enforcement as amended of LA 01-01, including without limitations the assessment and collection of any penalties, fines, and interests provided by Cherokee Nation Vehicle and Licensing Code.” Swepston said the same language would be applied to the form for boats. The change is effective immediately.