To enhance transparency and customer safety, RBI issued Reserve Bank of India (Credit Card and Debit Card – Issuance and Conduct) Directions, 2022, (“Directions”), effective from July 1, 2022. These Directions are not exhaustive, yet, but are to be read with rules detailed for aspects of technology and cyber security. With the new regulations, previous instructions/guidelines rendered inconsistent are repealed.
APPLICABILITY OF DIRECTIONS
The scope of Directions is in 2 parts, for credit cards and debit cards.
The Directions for credit cards shall apply to –
- Scheduled Bank (excluding Payments Banks, State Co-operative Banks, and District Central Co-operative Banks)
- Non-Banking Financial Companies (NBFCs)
The Directions for debit cards shall apply to every bank operating in India.
The eligibility of banks and NBFCs to conduct credit card business has been prescribed under these regulations.
NBFCs need-
- prior RBI approval to undertake the business,
- a Certificate of Registration, a pre-requisite,
- with minimum net owned fund of INR 100 crore.
The Directions mandate compliance with Know Your Customer (KYC) Norms/Anti-Money Laundering (AML) Standards/Combating of Financing of Terrorism (CFT)/Obligation under the PMLA, 2002 for all cards, including for co-branded cards.
Explicit consent is required from the customers for the issuance of credit cards and for providing of billing information.
IMPORTANT HIGHLIGHTS OF THE DIRECTIONS
- Requests for closure of credit cards to be honoured within 7 days, failure to would cause penalty of INR 500 per day on the card-issuers until the card is closed;
- Any credit balance on the closure of a credit card to be transferred to the cardholder’s bank account;
- Full disclosure to be given for differential interest rates are levied basis the credit history of the cardholder;
- Card-issuers are required to assess the credit limit for a credit card customer taking into consideration all the limits enjoyed by the cardholder from other entities based on self-declaration/credit information obtained from a Credit Information Company.
- The telemarketers of card-issuers to comply with directions/regulations issued by the TRAI from time to time while adhering to guidelines issued on Unsolicited Commercial Communications – National Customer Preference Register.
- Card-issuers shall ensure that cashbacks, discounts, and other offers advertised by a co-branding partner are delivered to the cardholder on time.
- No card-issuer can dispatch a card to a customer unsolicited, except if the card is a replacement/renewal of a card already held by the customer.
- In case of an insurance cover provided with a card, card-issuers have to ensure that the relevant nomination details are recorded by the Insurance Company. Availability of insurance must be included, along with other information, in every statement.
- The terms and conditions for the issue and usage of a card are to be mentioned in clear and simple language (preferably in English, Hindi, and the local language) comprehensible to the cardholder.
REVISED GOVERNANCE FRAMEWORK
The Directions require –
- A Board-approved policy for the issuance of credit cards;
- A half-yearly review of credit card operations by an Audit committee
Board-approved policy has to be documented for the issuance of credit cards and made available on the card-issuer’s website for public access. The policy must be per all rules and regulations issued by RBI, including any amendments made thereto and the Directions.
The Audit Committee has to review the credit card operations on a half-yearly basis. The review mechanism shall include operational aspects like customer service, frauds, complaints and grievance redressal, card usage analysis including cards not used for long durations and the inherent risks therein.
Banks are allowed to issue debit cards to customers having Savings and Current Bank accounts and review their operations/issue of debit cards on a half-yearly basis. This review shall be similar to that done by the Audit Committee for the credit card operations.
GRIEVANCE REDRESSAL
The card-issuer has to establish a Grievance Redressal Mechanism within the card-issuing entity and spread awareness about the same through all media channels. Details of the Designated Grievance Redressal Officer has to be mentioned on credit card bills and account statements.
If a complainant does not get a satisfactory response from the card-issuer within a maximum period of one month from the date of lodging the complaint, they may approach the Office of the concerned RBI Ombudsman for redressal of their grievance and claim compensation for loss of their time, expenses, financial loss as well as for the harassment and mental anguish suffered.
The data privacy requirements make it mandatory for the card-issuers to obtain explicit consent from the customers for sharing any data obtained during the account opening or at the time of card issuance with a third party. The card-issuer is meant to remain responsible for communicating the purpose and details of the organisation seeking such customer information, along with explaining the disclosure clause to the customer at the time of obtaining such consent.
This is only for informational purposes. Nothing contained herein is, purports to be, or is intended as legal advice and you should seek legal advice before you act on any information or view expressed herein. Endeavoured to accurately reflect the subject matter of this alert, without any representation or warranty, express or implied, in any manner whatsoever in connection with the contents of this. This isn’t an attempt to solicit business in any manner.
Sources:
- https://www.zeebiz.com/market-news/news-hdfc-hdfc-bank-merger-9-reasons-rationales-that-prompted-this-amalgamation-expert-decodes-182195
- https://www.financialexpress.com/industry/banking-finance/hdfc-mergers-domino-effect-fitch-says-hdfc-twins-deal-could-pave-way-for-more-banking-ma-deals/2489355/
- https://www.wsj.com/articles/european-banks-consider-mergers-for-survival-11600596001
- https://timesofindia.indiatimes.com/business/india-business/private-banks-set-to-become-larger-consolidation-likely-over-fy22-24-report/articleshow/87315007.cms