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Texas Judge Overturns Biden-Era Rule Capping Credit Card Late Fees

Judge Mark T. Pittman ruled the CFPB's $8 late fee cap violated the CARD Act, marking a pivotal win for banking groups and a setback for consumer protections.

Demonstrators take part in a protest by the Consumer Financial Protection Bureau (CFPB) building, the day after members of Elon Musk's Department of Government Efficiency (DOGE) moved into the CFPB, in Washington, U.S. February 8, 2025. REUTERS/Nathan Howard/File Photo
A special police member monitors a protest, while inside the Consumer Financial Protection Bureau (CFPB) building, the day after members of Elon Musk's Department of Government Efficiency (DOGE) moved into the CFPB, in Washington, U.S. February 8, 2025. REUTERS/Nathan Howard
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Overview

  • U.S. District Judge Mark T. Pittman permanently vacated the CFPB's rule capping credit card late fees at $8, ruling it violated the 2009 CARD Act's requirement for 'reasonable and proportional' penalty fees.
  • The decision follows a joint motion by the CFPB and major banking groups to end the rule, concluding over a year of contentious litigation.
  • The $8 cap, introduced under the Biden administration, aimed to save consumers billions annually but faced strong opposition from banks citing potential $10 billion yearly revenue losses.
  • Banking groups, including the American Bankers Association and U.S. Chamber of Commerce, welcomed the ruling, claiming the fee cap would have harmed credit access and consumer financial habits.
  • The ruling aligns with broader deregulatory efforts under the Trump administration, which has sought to limit the CFPB's authority and roll back Biden-era consumer protection measures.