Title 15, Commerce and TradeRelease 119-73not60

§1666i–1 Limits on Interest Rate, Fee, and Finance Charge Increases Applicable to Outstanding Balances

Title 15 › Chapter 41— CONSUMER CREDIT PROTECTION › Subchapter I— CONSUMER CREDIT COST DISCLOSURE › Part D— Credit Billing › § 1666i–1

Last updated Apr 3, 2026|Official source

Summary

Card companies cannot raise the interest rate (APR), fees, or finance charges on money you already owe, except in a few specific cases. They can raise the APR if they told you ahead of time a fixed low-rate would end after a set period, the new rate is the one they promised, and the higher rate does not apply to purchases made before that period began. They can change a variable APR that moves with a public index. They can raise the rate after a temporary hardship or workout ends, or if you break that agreement, but the new rate for each kind of charge cannot be higher than the rate that applied before the arrangement and the company must have clearly told you the workout terms before it started. If you miss a minimum payment by 60 days, the company may raise the rate but must give a written reason with the required notice and must say the increase will end no later than 6 months if you make the required minimum payments on time; the company must stop the increase within 6 months if you do make those payments on time. The company may not change how you must repay an existing balance, except it may offer one of these repayment ways (or something at least as good): a payment plan that takes at least 5 years starting when the increase takes effect, or a new minimum payment that uses a percentage of the balance that is no more than twice the old percentage. Outstanding balance means the amount you owe as of the end of the 14th day after the company gives the required notice of the increase.

Full Legal Text

Title 15, §1666i–1

Commerce and Trade, Source: USLM XML via OLRC

(a)In the case of any credit card account under an open end consumer credit plan, no creditor may increase any annual percentage rate, fee, or finance charge applicable to any outstanding balance, except as permitted under subsection (b).
(b)The prohibition under subsection (a) shall not apply to—
(1)an increase in an annual percentage rate upon the expiration of a specified period of time, provided that—
(A)prior to commencement of that period, the creditor disclosed to the consumer, in a clear and conspicuous manner, the length of the period and the annual percentage rate that would apply after expiration of the period;
(B)the increased annual percentage rate does not exceed the rate disclosed pursuant to subparagraph (A); and
(C)the increased annual percentage rate is not applied to transactions that occurred prior to commencement of the period;
(2)an increase in a variable annual percentage rate in accordance with a credit card agreement that provides for changes in the rate according to operation of an index that is not under the control of the creditor and is available to the general public;
(3)an increase due to the completion of a workout or temporary hardship arrangement by the obligor or the failure of the obligor to comply with the terms of a workout or temporary hardship arrangement, provided that—
(A)the annual percentage rate, fee, or finance charge applicable to a category of transactions following any such increase does not exceed the rate, fee, or finance charge that applied to that category of transactions prior to commencement of the arrangement; and
(B)the creditor has provided the obligor, prior to the commencement of such arrangement, with clear and conspicuous disclosure of the terms of the arrangement (including any increases due to such completion or failure); or
(4)an increase due solely to the fact that a minimum payment by the obligor has not been received by the creditor within 60 days after the due date for such payment, provided that the creditor shall—
(A)include, together with the notice of such increase required under section 1637(i) of this title, a clear and conspicuous written statement of the reason for the increase and that the increase will terminate not later than 6 months after the date on which it is imposed, if the creditor receives the required minimum payments on time from the obligor during that period; and
(B)terminate such increase not later than 6 months after the date on which it is imposed, if the creditor receives the required minimum payments on time during that period.
(c)(1)The creditor shall not change the terms governing the repayment of any outstanding balance, except that the creditor may provide the obligor with one of the methods described in paragraph (2) of repaying any outstanding balance, or a method that is no less beneficial to the obligor than one of those methods.
(2)The methods described in this paragraph are—
(A)an amortization period of not less than 5 years, beginning on the effective date of the increase set forth in the notice required under section 1637(i) of this title; or
(B)a required minimum periodic payment that includes a percentage of the outstanding balance that is equal to not more than twice the percentage required before the effective date of the increase set forth in the notice required under section 1637(i) of this title.
(d)For purposes of this section, the term “outstanding balance” means the amount owed on a credit card account under an open end consumer credit plan as of the end of the 14th day after the date on which the creditor provides notice of an increase in the annual percentage rate, fee, or finance charge in accordance with section 1637(i) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 171 of Pub. L. 90–321 was renumbered section 173 and is classified to section 1666j of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 9 months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an

Effective Date

of 2009 Amendment note under section 1602 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1666i–1

Title 15, Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60