By Jonathan Stempel
(Reuters) – The Consumer Financial Protection Bureau was sued on Thursday over its new rule setting late fees on credit cards at $8, which banking groups and the U.S. Chamber of Commerce say punishes consumers who pay bills on time.
In a complaint filed in federal court in Fort Worth, Texas, opponents of the tax accused the bureau of exceeding its authority and ignoring Congress’ intent to make the tariffs high enough to discourage late payments, ensure cardholder liability and compensate issuers for their costs. when payments are late.
The plaintiffs include the Chamber, the American Bankers Association, the Consumer Bankers Association and three Texas-based trade groups.
In a statement, the consumer bureau pledged to defend the rule, saying it “closes a long-standing loophole abused by credit card giants to turn late fees into a major revenue stream” and will save consumers American consumers more than 10 billion dollars.
Credit card late fees were a boon to issuers, totaling more than $14 billion in 2022, as the average fee rose to $32, the bureau estimated.
The new rule limits fees for issuers with more than 1 million open accounts, unless they can demonstrate that higher fees are needed to cover costs, and put an end to what the bureau calls “abuse” of an automatic adjustment for inflation.
It is expected that more than 95% of outstanding credit card balances will be covered. CFPB Director Rohit Chopra called the higher fees “junk fees.”
In Thursday’s complaint, opponents said limiting late fees would cause irreparable harm through increased card losses and compliance costs for issuers, even on accounts they would never have opened if they had known about the limit.
“The agency’s analysis found that by limiting late fees, the associated costs will be passed on to all credit card users, even those who have never made late payments,” said Neil Bradley, responsible for the policies of the Chamber.
The case was assigned to U.S. District Judge Reed O’Connor, appointed by former President George W. Bush.
Its rulings include a 2018 decision declaring the Affordable Care Act, also known as Obamacare, unconstitutional. This ruling was overturned on appeal.
The case is Chamber of Commerce of the United States of America et al v. Consumer Financial Protection Bureau et al, United States District Court, Northern District of Texas, No. 24-00213.