News & Analysis as of

Consumer Financial Products Credit Cards

Arnall Golden Gregory LLP

Oklahoma Officially Legalizes Surcharging Starting November 1, 2025

The practice of charging consumers a fee for paying via credit card — known as surcharging — has been both increasingly common and increasingly controversial over the last decade. Visa and Mastercard first began to allow...more

Alston & Bird

Payments Docket | July 2025

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The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features the CFPB dropping most of its caseload, several states’ decisions to pick up the slack, and...more

Troutman Pepper Locke

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

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In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank,...more

Orrick, Herrington & Sutcliffe LLP

CFPB states it will not enforce rule targeting Buy Now, Pay Later loans

On May 6, the CFPB announced it will not prioritize enforcement of its May 2024 interpretive rule which classified Buy Now, Pay Later providers as credit card issuers subject to TILA and Regulation Z (covered by InfoBytes...more

Goodwin

CFPB Reports on Consumer Complaint Trends

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The Consumer Financial Protection Bureau (CFPB) recently issued its annual report analyzing the consumer complaints it received in 2024.  The CFPB collects complaints through its website, phone calls, and mail....more

Sheppard Mullin Richter & Hampton LLP

CFPB Drops Suit Against Credit Card Company Alleging TILA Violations and Deceptive Marketing Practices

On April 23, the CFPB voluntarily dismissed with prejudice its lawsuit, filed in September 2024, against a Pennsylvania-based credit card company that had been accused of unlawfully marketing a high-cost, limited-use...more

Ballard Spahr LLP

Federal Judge voids CFPB credit card late fee rule

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

Troutman Pepper Locke

CFPB Abandons Credit Card Late Fee Rule

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The Consumer Financial Protection Bureau (CFPB or Bureau) agreed to vacate its controversial credit card late fee rule in a joint motion for entry of consent judgment filed in Chamber of Commerce of the United States of...more

Ballard Spahr LLP

Financial Services Committee Republicans call on CFPB to withdraw rules, guidance

Ballard Spahr LLP on

Republicans on the House Financial Services Financial Institutions Subcommittee have sent Acting CFPB Director Russell Vought a letter calling for the CFPB to withdraw a wide variety of final and proposed rules....more

Orrick, Herrington & Sutcliffe LLP

Fed of New York releases paper analyzing credit card interest rates

On March 31, the New York Fed published a research paper discussing credit card interest rates and what is behind how they are set. The research explored the relationship between the federal funds rate and the annual...more

Ballard Spahr LLP

CFPB plans to revoke BNPL interpretive rule

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The CFPB intends to revoke its Buy Now, Pay Later interpretive rule, according to a status report and joint motion to stay filed by the Bureau and the Financial Technology Association (FTA) in a case brought by the FTA...more

Ballard Spahr LLP

Judge grants CFPB 30 days to settle lawsuit over credit card late fee rule

Ballard Spahr LLP on

A federal judge has granted the CFPB 30 days to try to settle the lawsuit challenging the bureau’s s credit card late fee rule that was issued during the Biden Administration....more

Orrick, Herrington & Sutcliffe LLP

CFPB granted stay in case against credit care late fee rule

On March 12, the CFPB and its Acting Director, Russell Vought, filed a status report in the U.S. District Court for the Northern District of Texas in response to the court’s order requesting clarification on how the CFPB...more

Goodwin

2024 Year in Review: Cards, Payments, and Consumer Banking

Goodwin on

We expect continued scrutiny by regulators on fees, including enforcement actions and rulemakings, with the caveat that the new administration could shift federal priorities away from this fee crackdown....more

Troutman Pepper Locke

Credit Card Late Fee Rule Litigation: CFPB Indicates “Resolution is Feasible”

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In a significant development in the credit card late fee rule litigation, the Consumer Financial Protection Bureau (CFPB) has filed a status report indicating that it is actively working towards a resolution. This update...more

Orrick, Herrington & Sutcliffe LLP

FTC secures preliminary injunction in small business finance scheme case

On March 4, the FTC announced updates in its case against targeting an alleged small business finance scheme. The U.S. Court for the Central District of California recently granted the FTC’s motion for a preliminary...more

Orrick, Herrington & Sutcliffe LLP

Banking and business groups ask district court to vacate CFPB’s Credit Card Late Fees Rule

On February 20, several business groups and trade associations filed a motion for summary judgment in the U.S. District Court for the Northern District of Texas in their lawsuit seeking to vacate the CFPB’s final rule...more

Hudson Cook, LLP

CFPB Bites of the Month - January 2025 - June in January with the CFPB

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In this month's article, we share some of our top "bites" covered during the January 2025 webinar....more

Ballard Spahr LLP

Senators Sanders, Hawley introduce legislation to cap credit card interest rates at 10%

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Sens. Bernie Sanders, I-Vt. and Josh Hawley, R-Mo. have introduced bipartisan legislation that could cap credit card interest rates at 10%....more

Troutman Pepper Locke

Senators Sanders and Hawley Propose Legislation Capping Credit Card Interest Rates

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On February 4, Senators Bernie Sanders (I-Vt.) and Josh Hawley (R-Mo.) introduced bipartisan legislation aimed at immediately capping credit card interest rates at 10% for a period of five years. This initiative follows a...more

Hudson Cook, LLP

CFPB Bites of the Month - 2024 Annual Review - Credit Cards

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In this article, we share a timeline of our monthly "bites" for 2024 applicable to the credit card industry. The year saw the CFPB give a fair amount of attention to credit card products, with a focus on pricing....more

Orrick, Herrington & Sutcliffe LLP

CFPB publishes CARD Act-mandated request for information

On January 17, the CFPB published in the Federal Register a Request for Information (RFI) about a number of aspects of the consumer credit card market, as mandated by the CARD Act. The RFI seeks public input to shape the...more

Troutman Pepper Locke

NCUA Releases its 2025 Supervisory Priorities

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On January 7, the National Credit Union Administration (NCUA) released its supervisory priorities for 2025, outlining the key areas of focus for federally insured credit unions. This guidance is crucial for credit unions as...more

Ballard Spahr LLP

Borrowers with poor credit ratings make up majority of BNPL borrowers

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Borrowers with subprime or deep subprime credit scores make up the majority of Buy Now, Pay Later (BNPL) originations, the CFPB said, in a new report. From 2021 to 2022, borrowers with deep subprime credit scores accounted...more

Orrick, Herrington & Sutcliffe LLP

CFPB data spotlight analyzes small businesses’ financial security

On January 3, the CFPB published a data spotlight entitled “The Financial Security of Small Business Owners: Evidence from the Making Ends Meet Survey.” The report summarizes the personal financial circumstances of small...more

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