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U.S. District Court for the Northern District of Texas

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How the U.S. Chamber Halted the CFPB's Credit Card Late Fees Rule

Case Updates

District court grants U.S. Chamber and co-plaintiffs’ motion for a preliminary injunction and stays the CFPB’s rule on credit card late fees

May 10, 2024

Order Granting PI

The U.S. Chamber Litigation Center Counsel Maria Monaghan issued the following statement.

“This ruling is a major win for responsible consumers who pay their credit card bills on time and businesses that want to provide affordable credit. The CFPB’s attempted micromanagement would have raised costs for most credit card users and made it harder for businesses to meet consumers’ needs. The U.S. Chamber will continue to hold the CFPB accountable in court." 

Northern District of Texas reopens case and notifies District of Columbia to disregard its transfer order, pursuant to Fifth Circuit decision granting writ of mandamus

April 05, 2024

Order Reopening Case

The Fifth Circuit held that the district court lacked jurisdiction to transfer the U.S. Chamber and co-plaintiffs’ challenge out of circuit while their appeal from the effective denial of their motion for preliminary injunction was pending.

Northern District of Texas orders challenge to Credit Card Late Fees rule transferred to the District of Columbia

March 28, 2024

Order to Transfer

U.S. Chamber and co-plaintiffs file notice of appeal to the Fifth Circuit from the effective denial of their motion for preliminary injunction of the CFPB’s new credit card late fees rule

March 25, 2024

Notice of Appeal

U.S. Chamber and co-plaintiffs file response to CFPB’s motion to transfer their challenge to the CFPB’s late fees rule, arguing that the case is properly heard in a district court in Texas where several of the plaintiffs are based and harm is ongoing

March 25, 2024

Plaintiffs' Response to Motion to Transfer Venue

U.S. Chamber and co-plaintiffs file reply brief in support of motion for preliminary injunction

March 14, 2024

U.S. Chamber Reply Brief

U.S. Chamber and co-plaintiffs file lawsuit challenging CFPB Credit Card Late Fees Rule

March 07, 2024

The U.S. Chamber filed a lawsuit seeking a preliminary injunction to stop the Consumer Financial Protection Bureau (CFPB) from implementing a rule that punishes responsible credit card users who pay their bills on time. In promulgating its rule to limit credit card late fees, the CFPB not only exceeded its statutory authority but did so by relying on the use of secret data collected for an unrelated purpose. 

Among other arguments, the U.S. Chamber and co-plaintiffs specifically are suing the CFPB for:

- Violating the Credit Card Accountability Responsibility and Disclosure Act (CARD Act) of 2009 by preventing issuers from collecting reasonable and proportional late fees when cardholders don’t pay their bills on time; 

- Violating the Administrative Procedure Act (APA) by promulgating a final rule that is arbitrary and capricious, relying on secret data collected from only the largest banks for a different purpose and by a different agency; and

- Issuing the rulemaking with funds drawn in violation of the U.S. Constitution’s Appropriations Clause.

The U.S. Chamber filed the lawsuit with co-plaintiffs: Fort Worth Chamber of Commerce, Longview Chamber of Commerce, American Bankers Association, Consumer Bankers Association, and Texas Association of Business.

The full complaint can be viewed here.

Michael Murray, Allyson Baker, and Tor Tarantola of Paul Hastings LLP and Derek Carson and Philip Vickers of Cantey Hanger LLP served as outside counsel.

U.S. Chamber and co-plaintiffs file motion for preliminary injunction

March 07, 2024

Brief in Support of Plaintiffs' Motion for Preliminary Injunction

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