Forum
U.S. District Court for the Northern District of Texas
Case Status
Pending
Docket Number
Additional Information
U.S. Chamber Opposes New CFPB Credit Card Late Fees Rule That Limits Access to Affordable Consumer Credit U.S. Chamber Files Lawsuit Against Consumer Financial Protection Bureau to Protect Credit Card Users CFPB Moves to Punish People Who Pay Their Credit Card Bills On TimeCase Updates
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
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
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
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 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
Case Documents
- Complaint -- Chamber v. CFPB (N.D. Tex.)
- Motion for Preliminary Injunction -- Chamber v. CFPB (N.D. Tex.)
- Brief in Support of Plaintiffs' Motion for Preliminary Injunction -- Chamber v. CFPB (N.D. Tex.)
- U.S. Chamber Reply Brief ISO Motion for Preliminary Injunction -- Chamber v. CFPB (N.D. Tex.)
- Order Requiring Expedited Briefing Regarding Venue -- Chamber v. CFPB (N.D. Tex.)
- Plaintiffs' Motion for Expedited Consideration of Preliminary Injunction Motion Before Court Determines Convenience Based-Venue -- Chamber v. CFPB (N.D. Tex.)
- Brief In Support of Plaintiffs' Motion for Expedited Consideration of Preliminary Injunction Motion -- Chamber v. CFPB (N.D. Tex.)
- Order Denying Plaintiffs' Motion for Expedited Consideration of Preliminary Injunction Motion -- Chamber v. CFPB (N.D. Tex.)
- Plaintiffs' Response to Motion to Transfer Venue -- Chamber v. CFPB (N.D. Tex.)
- Appendix to Plaintiffs' Response to Motion to Transfer Venue -- Chamber v. CFPB (N.D. Tex.)
- Plaintiffs' Notice of Appeal -- Chamber v. CFPB (N.D. Tex.)
- Order to Transfer -- Chamber v. CFPB (N.D. Tex.)
- Order Reopening Case -- Chamber v. CFPB (N.D. Tex.)