Prohibition of Pre-Approved Credit Card Issuance
- Pre-approved credit cards shall not be issued by banks/quasi-banks and their credit card subsidiaries/affiliates.
- Prior to issuance, proper diligence must be exercised to verify applicants' good credit standing and financial capability.
- Evaluation factors include net take-home pay, net monthly receipts, net worth or cash flow, credit behavior from existing credit cards, and lifestyle indicators such as club memberships and vehicle ownership.
- Gross monthly income may be considered with reasonable deductions for taxes and other obligations.
- Applications, including those from third-party agents, must undergo strict credit risk assessment and verification by authorized personnel not involved in marketing.
Credit Card Holder Disclosures
- Banks/quasi-banks and their credit card affiliates must disclose to cardholders:
- A clear table of applicable fees, penalties, and interest rates on credit card transactions, with periods covered, reasons for charges, and conversion rates for third currency transactions.
- These disclosures should be in plain language, visible on marketing materials, application forms, and billing statements.
- A reminder in monthly billing statements that paying only the minimum amount or less than the total due will incur interest or other charges.
- Disclosure materials must be in bold Arial 12 font or equivalent, on the first page of multi-page documents.
- A 120-day transition period is granted for full implementation.
Notification for Account Collection Endorsements
- Cardholders must be informed in writing at least seven days before their account is endorsed to a collection agency or transferred between agencies.
- Notification must include the full name and contact details of the collection agency.
- Such notification must be included in the credit card agreement's terms and conditions.
- Personnel collecting accounts must disclose their full identity to cardholders.
Application to Other BSP-Supervised Lending Operations
- Disclosure requirements (except payment reminders) apply to other lending operations of BSP-supervised institutions, excluding pawnshops.
- Regulations against unfair collection practices apply to these lending operations.
- Confidentiality of information requirements also apply to these lending operations.
Sanctions for Violations
- First offense: Reprimand for responsible directors/officers.
- Second offense: Disqualification from BSP credit facilities, subject to certain allowances.
- Subsequent offenses: Prohibition from granting additional credit accommodations against personal security and penalties per R.A. No. 7653 sections 36 and 37.
Applicability of Other Laws
- Credit card transactions are subject not only to BSP regulations but also to:
- Republic Act No. 7394 (Consumer Act of the Philippines)
- Republic Act No. 8484 (Access Devices Regulation Act)
Effectivity
- The Circular takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.