Title
Guidelines for Credit Card Issuers under RA 10870
Law
Circular No. 1003
Decision Date
May 22, 2018
The Guidelines on the Establishment and Operations of Credit Card Issuers in the Philippines outlines the requirements for non-bank entities to become credit card issuers, including qualifications for officers, risk management systems, application procedures, and prohibited acts.
A

General Policy on Credit Card Operations

  • BSP promotes fair, transparent, and competitive consumer credit practices
  • Rules govern all bank credit card issuers, acquirers, and transactions

Key Definitions

  • Credit card and virtual equivalents
  • Terms such as minimum amount due, default/delinquency, acceleration clause, simple annual rate, and others defined
  • Definitions cover credit card issuers, acquirers, cardholders, billing cycle, finance charges, installments, fees, and supplementary cards

Requirements to Operate as Bank Credit Card Issuer

  • Banks must notify BSP and certify compliance with risk management standards
  • Commencement of operations must occur within six months after notification

Governance and Risk Management for Card Operations

  • Banks must maintain adequate financial strength and capable management
  • Risk governance framework to identify, monitor, and mitigate risks
  • Coverage includes operational limits, organizational setup, risk assessment, and internal audits

Issuance of Credit Cards

  • Pre-approved cards are prohibited
  • Know-Your-Customer (KYC) and credit underwriting required
  • Verification of applicant information mandatory

Mandatory Disclosures to Cardholders

  • Finance charges, fees, interest rates, payment schedules, penalties enumerated
  • Details on currency conversion, late payment penalties, and account reminders required
  • Changes must be notified 90 days prior, with cardholder right to terminate account
  • Disclosure format must be clear and accessible

Interest Computation

  • Interest only charged on unpaid outstanding balances as of statement cut-off date
  • Excludes current cycle purchases and zero-interest deferred payments
  • Continuous interest accrual until full payment received

Payment Due Date Rules

  • Payment due date must be consistent regardless of payment mode
  • Due dates falling on weekends or holidays moved to next business day without penalty

Deferral Charges

  • Banks and cardholders may agree to defer unpaid installments with disclosed charges

Late Payment Fees

  • Fees only collectible if disclosed in contract
  • Calculated based on unpaid minimum amount or fixed amount, or total balance if acceleration clause applies

Confidentiality of Cardholder Information

  • Strict confidentiality, with exceptions including court orders, consent, anti-fraud, and credit bureaus
  • Recipients of info bound to confidentiality
  • Compliance with data privacy laws mandated

Suspension, Termination, and Reactivation of Cards

  • Banks must set criteria and notify cardholders of suspensions or terminations
  • Cardholders can terminate accounts subject to payment or repayment arrangements
  • Right to appeal suspensions or cancellations

Credit Limit and Over-the-Limit Transactions

  • Credit limits based on creditworthiness
  • Cardholders notified of changes and can decline increases
  • Over-the-limit transactions at bank discretion with clear fee disclosure

Offset Rights

  • Banks may offset cardholder debts against deposits per Philippine Civil Code

Customer Complaint Handling

  • Consumer Assistance Units required
  • Procedures defined for billing errors and lost/stolen cards
  • Banks must investigate and resolve within specified time frames

Collection Practices and Third-Party Agents

  • Reasonable and legal collection methods mandated
  • Outsourcing subject to BSP regulations
  • Prohibited acts include harassment, falsehoods, threats, and unreasonable hours
  • Notification of collection agency endorsement required

Application of Payments to Card Balances

  • Payments above minimum applied first to fees, then balances by descending interest rate
  • Promotional rates used as basis for payment hierarchy

Merchant Due Diligence

  • Merchants required to verify cardholder identity per service level agreements
  • Banks may confirm suspicious transactions with cardholders

Sanctions and Penalties

  • Enforcement actions and monetary penalties for violations
  • Possible suspension or cancellation of credit card issuer authority
  • Specific penalties for operating without notification or non-compliance with regulations

Reporting Requirements

  • Monthly quantitative reports on credit card issuance, usage, complaints, and cardholder profiles

Voluntary Cessation of Business

  • Banks must notify BSP and submit cessation plan upon deciding to exit credit card business

Transition Provisions

  • Transitional periods allowed for compliance with interest computation, payment recognition, due date rules, and late fees

Cross-References and Effectivity

  • Renumbering of related provisions and cross-reference adjustments made
  • Circular effective 15 days post-publication

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