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The Credit CARD Act: Your Rights as a US Cardholder

By PointsExplainedLast reviewed

The Credit Card Accountability Responsibility and Disclosure Act of 2009, usually called the Credit CARD Act, was approved on May 22, 2009 as Public Law 111-24. It amended the Truth in Lending Act, which the CFPB's Regulation Z (12 CFR part 1026) implements; the card rules summarized here are from Regulation Z. This guide is a checklist of the protections you are most likely to use on a consumer credit card account, summarized from Regulation Z and CFPB guidance as of September 25, 2026.

Opening an account

Ability to pay. An issuer must consider your ability to make the required minimum payments, based on your income or assets and your current obligations, before opening an account or increasing your credit limit.

Under 21. An issuer can't open an account for a consumer under 21 without financial information showing an independent ability to make the minimum payments, or the signed agreement of a cosigner, guarantor or joint applicant who is at least 21 and able to pay.

Rates

First year. A card company is generally not permitted to increase your interest rate on new transactions during the first year of the account.

Notice. Issuers must generally give written notice at least 45 days before a significant change to your account terms. The CFPB says significant changes generally include increases in certain interest rates and fees, increases to the minimum amount due, and changes to the grace period or the way interest is calculated.

Existing balances. The rate on what you already owe can generally rise only when a temporary rate of at least six months expires, when a variable rate's index increases, when your minimum payment hasn't been received within 60 days after the due date, when you complete or fail to comply with an arrangement to lower your rate, or when Servicemembers Civil Relief Act protections end.

Promotional rates. An introductory rate has to stay in effect for at least six months unless you are more than 60 days late.

Getting a penalty rate back down. If your rate rose because you were more than 60 days late, the issuer must restore the earlier rate after six consecutive on-time minimum payments. After a rate increase that required 45 days' notice, it generally must re-evaluate the rate at least once every six months.

Your right to say no

For many changes, the CFPB says, you have the right to opt out of the new terms. The issuer might then close your account, but the CFPB says you don't have to pay the balance immediately, and the new required payment can't be more than the amount needed to pay the balance off in five years or double your prior minimum payment, whichever is higher. The CFPB also notes that closing an account may lower your credit score, because it reduces the credit available to you.

Fees

First-year cap. Fees you are required to pay in the first year can't exceed 25 percent of the credit limit when the account is opened; late, over-the-limit and returned-payment fees don't count toward the cap.

Penalty fees. A late fee or other penalty fee must either reflect a reasonable proportion of the issuer's costs or stay within safe harbor amounts in the regulation, which are adjusted annually for inflation. It can't exceed the dollar amount associated with the violation; for a late payment, that is the minimum payment that was due. Only one penalty fee is allowed per event.

Banned fees. No penalty fees for account inactivity, for transactions the issuer declines, or for closing or terminating the account.

Over-the-limit. No over-the-limit fees unless you opt in, and then no more than one per billing cycle.

Statements and payments

Timing. Issuers must have reasonable procedures designed to ensure statements are mailed or delivered at least 21 days before the due date, and the due date must be the same day of the month for each billing cycle.

Cut-off. The payment cut-off can't be earlier than 5 p.m. on the due date, and if the issuer doesn't accept payments by mail on the due date, a payment received the next business day generally can't be treated as late.

Payment order. Amounts above the minimum must go to the highest-rate balance first. During the two billing cycles before a deferred-interest promotion expires, they must go to the deferred-interest balance first.

Losing a grace period. If you lose a grace period, the issuer can't charge interest on balances from earlier billing cycles or on amounts you repaid within the grace period.

Minimum payment warning. Statements must warn that paying only the minimum costs more in interest and takes longer.

Transparency

Card issuers are generally required to post their card agreements on their websites, and agreements submitted under Section 204 of the CARD Act are published in the CFPB's Credit Card Agreement Database; the CFPB says an issuer with fewer than 10,000 accounts doesn't have to submit its agreements.

What isn't in force

A 2024 CFPB rule that set an $8 late fee safe harbor for issuers with one million or more open card accounts (with affiliates) was vacated by court order on April 15, 2025, according to the CFPB.

Servicemembers

Separately from the CARD Act, the Military Lending Act applies to active-duty servicemembers and covered dependents, who can't be charged more than a 36% Military Annual Percentage Rate. The CFPB says credit card companies didn't have to comply with the Act until October 3, 2017.

If you think an issuer isn't following these rules, you can submit a complaint to the CFPB online or by calling (855) 411-CFPB (2372).

Where this comes from

Sources

The documents this guide relies on. If one has changed since we read it, the document is right and this guide is out of date.

  1. Public Law 111-24, Credit Card Accountability Responsibility and Disclosure Act of 2009 (GovInfo)

    Credit CARD Act of 2009 is Public Law 111-24, approved May 22, 2009, amending the Truth in Lending Act.

    govinfo.gov · Accessed
  2. Regulation Z, 12 CFR 1026.1 - Authority, purpose, coverage (CFPB)

    Regulation Z is issued by the CFPB to implement the Truth in Lending Act.

    consumerfinance.gov · Accessed
  3. Regulation Z, 12 CFR 1026.51 - Ability to pay (CFPB)

    Ability-to-pay requirement; under-21 rules requiring independent ability to pay or a cosigner, guarantor or joint applicant aged 21+.

    consumerfinance.gov · Accessed
  4. CFPB - When can my credit card company increase my interest rate?

    Generally no increase on new transactions in the first year; exceptions for existing balances; restoration after six consecutive on-time payments; re-evaluation generally at least every six months.

    consumerfinance.gov · Accessed
  5. Regulation Z, 12 CFR 1026.9 - Subsequent disclosure requirements (CFPB)

    Written notice at least 45 days before the effective date of a significant change.

    consumerfinance.gov · Accessed
  6. CFPB - Can my credit card company change the terms of my account?

    Significant changes generally include increases in certain interest rates and fees, increases to the minimum amount due, or changes to the grace period or the way interest is calculated; for many changes you can opt out; account might be closed; balance not due immediately; five-year or double-minimum payment limit; closing may lower credit score; rewards changes may come without 45 days' notice.

    consumerfinance.gov · Accessed
  7. Regulation Z, 12 CFR 1026.55 - Limitations on increasing annual percentage rates, fees, and charges (CFPB)

    Limits on increasing APRs and fees; temporary rate of at least six months; delinquency exception after 60 days; reduction after six consecutive on-time payments; no increase in the first year under the variable/advance-notice exception.

    consumerfinance.gov · Accessed
  8. CFPB - How long can I keep a low rate on a balance transfer or other introductory rate?

    Introductory rate must last at least six months unless more than 60 days late.

    consumerfinance.gov · Accessed
  9. Regulation Z, 12 CFR 1026.59 - Reevaluation of rate increases (CFPB)

    Rate increases must be reviewed at least once every six months.

    consumerfinance.gov · Accessed
  10. Regulation Z, 12 CFR 1026.52 - Limitations on fees (CFPB)

    First-year fee cap of 25 percent and its exclusions; penalty fees cost-justified or within safe harbors adjusted annually; fee can't exceed the amount associated with the violation; one fee per event; no fees for inactivity, declined transactions or account closure.

    consumerfinance.gov · Accessed
  11. Official interpretation of Regulation Z 1026.52 - Limitations on fees (CFPB)

    Amount associated with a late payment is the required minimum payment due.

    consumerfinance.gov · Accessed
  12. Regulation Z, 12 CFR 1026.56 - Requirements for over-the-limit transactions (CFPB)

    Over-the-limit fees require opt-in; one per billing cycle.

    consumerfinance.gov · Accessed
  13. Regulation Z, 12 CFR 1026.5 - General disclosure requirements (CFPB)

    Card issuers must adopt reasonable procedures designed to ensure statements are mailed or delivered at least 21 days before the due date.

    consumerfinance.gov · Accessed
  14. Regulation Z, 12 CFR 1026.7 - Periodic statement (CFPB)

    Same due date each month; minimum payment warning.

    consumerfinance.gov · Accessed
  15. Regulation Z, 12 CFR 1026.10 - Payments (CFPB)

    5 p.m. payment cut-off; next-business-day rule when mail payments aren't accepted on the due date.

    consumerfinance.gov · Accessed
  16. Regulation Z, 12 CFR 1026.53 - Allocation of payments (CFPB)

    Excess payments to the highest APR balance; deferred-interest balance first in the last two billing cycles.

    consumerfinance.gov · Accessed
  17. Regulation Z, 12 CFR 1026.54 - Limitations on the imposition of finance charges (CFPB)

    Limits on finance charges from loss of a grace period: no interest on balances from earlier billing cycles or on amounts repaid within the grace period.

    consumerfinance.gov · Accessed
  18. CFPB - Credit Card Agreement Database

    Issuers generally must post agreements online; database lists issuers that submitted agreements under Section 204 of the CARD Act; an issuer with fewer than 10,000 accounts does not have to submit its agreements.

    consumerfinance.gov · Accessed
  19. CFPB - Credit card penalty fees (compliance resources)

    Penalty fees final rule vacated by court order on April 15, 2025.

    consumerfinance.gov · Accessed
  20. CFPB - Credit Card Penalty Fees Final Rule

    The vacated rule set an $8 late fee safe harbor for issuers with one million or more open credit card accounts together with affiliates.

    consumerfinance.gov · Accessed
  21. CFPB - What is covered under the Military Lending Act?

    Military Lending Act covers active-duty servicemembers and covered dependents; 36% MAPR cap; credit card companies didn't have to comply until October 3, 2017.

    consumerfinance.gov · Accessed
  22. CFPB - How can I get a refund on a product or service I purchased with my credit card?

    CFPB complaint online or by calling (855) 411-CFPB (2372).

    consumerfinance.gov · Accessed
Questions

About this guide

Can my card company raise the rate on my existing balance?

Only in limited cases: a temporary rate of at least six months ends, a variable rate's index rises, you are more than 60 days late with a minimum payment, you complete or break an arrangement to lower your rate, or Servicemembers Civil Relief Act protections end.

Can I reject a change to my card's terms?

For many changes, yes. The issuer might close the account, but the CFPB says you don't have to pay the balance at once, and your new payment can't exceed the amount that pays it off in five years or double your prior minimum, whichever is higher.

Does the CARD Act protect my rewards?

Not in the same way. The CFPB says you might not receive notice 45 days in advance about changes to the benefits you get from your card, such as points or cash rewards.