Ronald Vaske on Late Fees

Federal Judge voids CFPB credit card late fee rule

At the request of both sides of the lawsuit, a federal judge has voided the CFPB’s credit card late fee rule....more

4/16/2025 / Biden Administration , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Debit and Credit Card Transactions , Final Rules , Financial Regulatory Reform , Financial Services Industry , Judicial Authority , Late Fees , Regulatory Reform , Settlement , Trump Administration

Bank and Credit Union Industry Groups Challenge Illinois Interchange Fee Prohibition Act as Unlawful and Urge the Court to Stop...

On August 15, 2024, the Illinois Bankers Association, American Bankers Association, America’s Credit Unions, and Illinois Credit Union League filed a complaint for declaratory and injunctive relief against the Illinois...more

8/21/2024 / Anti-Money Laundering , Banks , BSA/AML , Credit Cards , Debit Cards , Declaratory Relief , Electronic Fund Transfer Act , Final Rules , Financial Institutions , Financial Services Industry , Injunctive Relief , Interchange Fees , Late Fees , National Bank Act , Preemption , Regulation II

CFPB files motion to dismiss Fort Worth Chamber of Commerce for lack of standing and if granted, renews its motion to transfer the...

On July 29, 2024, the CFPB filed a motion to dismiss the Fort Worth Chamber of Commerce as a Plaintiff for lack of standing and if granted, transfer the case to a the Federal District Court for D.C. In its brief, the CFPB...more

7/31/2024 / Article III , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dismiss , Motion to Transfer , Preliminary Injunctions , Proposed Rules , Regulatory Agenda , Standing

Judge Pittman (N.D. Texas) questions whether Fort Worth Chamber of Commerce has standing to pursue claims seeking to invalidate...

We recently reported that on July 18 the CFPB, upon remand from the Fifth Circuit, re-filed its notice of supplemental authority in support of its motion to dismiss or transfer the case, motion to dissolve the preliminary...more

7/24/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dismiss , Motion to Dissolve , Preliminary Injunctions , Proposed Rules , Regulatory Agenda , Standing

Fifth Circuit (again) rejects transfer of credit card late fee case to D.C.

On June 19, 2024, the Fifth Circuit dissolved the district court’s order transferring the case challenging the CFPB’s credit card late fee rule. In granting the writ of mandamus filed by the plaintiff trade associations...more

6/20/2024 / Administrative Procedure Act , CARD Act , Constitutional Challenges , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Debt Collection , Federal Funding , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions

Transfer Redux: Once again, CFPB Late Fee litigation transferred from Texas to DC, transfer challenged in Fifth Circuit

In a replay of earlier events, in response to an emergency petition for writ of mandamus and administrative stay of transfer filed by the plaintiffs in the lawsuit challenging the legality of the CFPB’s credit card late fee...more

5/31/2024 / Constitutional Challenges , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Regulatory Agenda , Writ of Mandamus

Fifth Circuit relinquishes jurisdiction to Federal District Court Judge Pittman in credit card late fee rule case

On Friday May 24, in response to the CFPB’s motion requesting the Fifth Circuit to accelerate the issuance of its mandate from July 9, 2024 with respect to its earlier dismissal of the plaintiffs’ appeal, the Fifth Circuit...more

5/28/2024 / Administrative Procedure Act , CARD Act , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions , SCOTUS , Truth in Lending Act (TILA) , Venue

Texas federal district court enters preliminary injunction staying CFPB final credit card late fee rule

Last Friday, May 10, the Texas federal district court hearing the lawsuit challenging the CFPB’s final credit card late fee rule (Rule) granted the plaintiffs’ preliminary injunction motion and stayed the Rule. The Rule was...more

5/14/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Preliminary Injunctions , Truth in Lending Act (TILA)

Fifth Circuit denies CFPB petition for panel rehearing in lawsuit challenging CFPB credit card late fee final rule

In the lawsuit challenging the CFPB’s final credit card late fee rule (Rule), the Fifth Circuit has denied the CFPB’s petition for a panel rehearing to reconsider the panel’s order vacating the district court’s order...more

5/7/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Regulatory Reform , Financial Services Industry , Late Fees , Preliminary Injunctions

Fifth Circuit directs Texas federal court to rule by May 10 on plaintiffs’ preliminary injunction motion in lawsuit challenging...

A surprising development took place this week in the lawsuit challenging the CFPB’s final credit card late fee rule (Rule). The Fifth Circuit entered an order vacating the district court’s order denying the plaintiffs’...more

5/2/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Injunctive Relief , Late Fees

Plaintiffs file brief in support of preliminary injunction and response to petition for panel rehearing in credit card late fee...

On April 26, 2024, Plaintiffs filed their response to the CFPB’s Petition for a Panel Rehearing with the Fifth Circuit in the lawsuit challenging the CFPB’s credit card penalty fees rule (Rule). On the same date, the...more

4/30/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions , SCOTUS , Truth in Lending Act (TILA)

CFPB seeks rehearing by Fifth Circuit panel of decision vacating transfer order; Fifth Circuit expedites briefing on preliminary...

Last week ended with several new developments in the lawsuit challenging the CFPB’s final credit card late fee rule (Rule), both of which appear to reduce the likelihood that the Rule will be stayed before its May 14...more

4/23/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Preliminary Injunctions , Truth in Lending Act (TILA)

Committee on judicial codes of conduct concludes recusal of Fifth Circuit judge not required in lawsuit challenging final CFPB...

The Committee on Codes of Conduct of the Judicial Conference of the United States (Committee) has unanimously concluded that Fifth Circuit Judge Willett is not required to recuse in the trade group plaintiffs’ appeal in their...more

4/18/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Jurisdiction , Late Fees , Preliminary Injunctions , Recusal

D.D.C. marks credit card late fee case “terminated” on its docket; trade groups and CFPB file letter briefs with Fifth Circuit on...

Last Wednesday, the U.S. District Court for the District of Columbia terminated on its docket the case challenging the CFPB’s final credit card late fee rule (Rule) which had been transferred to D.D.C. by the Texas federal...more

4/17/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees

Texas federal district court reopens lawsuit challenging CFPB final credit card late fee rule and notifies D.D.C. to disregard...

Monday, the Texas federal district court entered an order reopening the case challenging the CFPB’s final credit card late fee rule (Rule) which it had transferred to the U.S. District Court for the District of Columbia and...more

4/10/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Debt Collection , Final Rules , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Recusal , Regulatory Agenda

Fifth Circuit vacates district court order transferring to D.D.C. lawsuit challenging CFPB final credit card late fee rule

Last Friday, a divided panel of the U.S. Court of Appeals for the Fifth Circuit vacated the district court’s order transferring the case challenging the CFPB’s final credit card late fee rule (Rule) to the U.S. District Court...more

4/9/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Debt Collection , Final Rules , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda , Writ of Mandamus

Fifth Circuit extends stay of district court order transferring to D.C. lawsuit challenging CFPB final credit card late fee rule;...

The U.S. Court of Appeals has extended until 5 p.m. CT today its administrative stay of the district court’s order transferring the case to the U.S. District Court for the District of Columbia. This is the Fifth Circuit’s...more

4/5/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Jurisdiction , Late Fees , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda , Stays , Writ of Mandamus

Texas federal court enters order transferring to D.C. federal court lawsuit challenging CFPB final credit card late fee rule;...

Last week ended with an intense flurry of activity in the lawsuit challenging the CFPB’s final credit card late fee rule (Rule). The flurry followed the plaintiffs’ March 25 filing of a Notice of Appeal after the district...more

4/2/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Regulatory Reform , Financial Services Industry , Late Fees

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a...

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in...more

3/28/2024 / Appeals , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Litigation Strategies , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda , Truth in Lending Act (TILA)

Texas federal court sets April 2 hearing on plaintiffs’ preliminary injunction motion in lawsuit challenging CFPB final credit...

The Texas federal district court hearing the lawsuit challenging the CFPB’s final credit card late fee rule (Rule) issued an order today setting April 2 as the date for a hearing on the plaintiffs’ motion for a preliminary...more

3/27/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions

Court denies motion for expedited consideration of plaintiff’s preliminary injunction motion in credit card late fees suit

On March 20, 2024, the court forcefully denied the motion for expedited consideration of plaintiff’s preliminary injunction motion in the lawsuit challenging the Consumer Financial Bureau’s (“CFPB”) final credit card late fee...more

3/22/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda , Truth in Lending Act (TILA)

CFPB notifies Texas federal court of intention to move to transfer case challenging final credit card late fee rule; plaintiffs...

This week, the CFPB filed a notice with the Texas federal district court stating that it intends to move to transfer the lawsuit challenging the CFPB’s final credit card late fee rule (Rule). The notice was filed pursuant to...more

3/21/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda

Texas federal judge hearing trade group lawsuit challenging CFPB final credit card late fee rule questions whether venue is proper...

The federal district court judge to whom the lawsuit challenging the CFPB’s final credit card late fee rule (Rule) was reassigned entered an order this week questioning whether the Fort Worth Division of the Northern District...more

3/20/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda , Truth in Lending Act (TILA)

CFPB and plaintiffs fully brief motion for preliminary injunction in trade group lawsuit regarding final credit card late fee rule

The Consumer Financial Protection Bureau (“CFPB”) filed an opposition brief (the “Opposition”) on Tuesday in response to a request by plaintiff trade groups to enjoin the CFPB’s final credit card late fee rule (the “Final...more

3/18/2024 / Administrative Procedure Act , CARD Act , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Federal Student Loans , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Health and Essential Rights (HERO) Act , Late Fees , Motion To Enjoin , Preliminary Injunctions , Truth in Lending Act (TILA)

Trade groups file lawsuit in Texas federal court challenging CFPB final credit card late fee rule and ask for preliminary...

Just two days after the CFPB issued its final credit card late fee rule (Rule) last week, a lawsuit was filed in a Texas federal district court seeking to invalidate the Rule. The plaintiffs in the lawsuit are the Chamber of...more

3/14/2024 / Administrative Procedure Act , CARD Act , Consumer Financial Protection Bureau (CFPB) , Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd , Credit Cards , Dodd-Frank , Final Rules , Financial Services Industry , Late Fees , Oral Argument , Preliminary Injunctions , Safe Harbors , SCOTUS , Truth in Lending Act (TILA)

Ronald Vaske

Ballard Spahr LLP

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