May 10 (Reuters) - A federal judge in Texas on Friday
halted the Consumer Financial Protection Bureau's new rule
capping credit card late fees at $8, a victory for business and
banking groups challenging part of the Biden administration's
crackdown on "junk fees."
U.S. District Judge Mark Pittman in Fort Worth issued a
preliminary injunction preventing the rule from taking effect
next week. The injunction was sought by groups including the
U.S. Chamber of Commerce and the American Bankers Association.
Pittman, appointed by Republican then-President Donald
Trump, cited a 2022 ruling by the New Orleans-based 5th U.S.
Circuit Court of Appeals, which found the CFPB's funding
structure unconstitutional.
"Consequently, any regulations promulgated under that regime
are likely unconstitutional as well," Pittman wrote. "Thus,
Plaintiffs establish a likelihood of success on the merits."
The U.S. Supreme Court is reviewing the 2022 ruling, and
during oral arguments in October appeared wary of upholding it.
Pittman remains bound by the ruling because his court is in the
5th Circuit's jurisdiction.
Maria Monaghan, counsel to the U.S. Chamber of Commerce
Litigation Center, in a statement called Pittman's decision "a
major win for responsible consumers who pay their credit card
bills on time and businesses that want to provide affordable
credit."
A CFPB spokesperson said the regulator will keep defending
the rule, saying "consumers will shoulder $800 million in late
fees every month that the rule is delayed - money that pads the
profit margins of the largest credit card issuers."
The rule has the backing of President Joe Biden, a Democrat.
White House spokesperson Jeremy Edwards in a statement called
the ruling disappointing, saying the CFPB's rule is "a critical
measure to save American families billions in junk fees."
The CFPB adopted the rule to counteract what it called
"excessive" fees that credit card issuers charge for late
payments.
The rule would block card issuers with more than 1 million
open accounts from charging more than $8 for late fees, unless
they could prove higher fees are necessary to cover their costs.
According to the CFPB, issuers collected more than $14
billion worth of credit card late fees in 2022, with an average
fee of $32.
Business and banking groups sued in March to block the rule.
The case had been delayed in a jurisdictional back-and-forth
over whether the case should remain in Texas, after Pittman
initially transferred it to Washington, D.C.
A 5th Circuit panel dominated by Trump appointees ultimately
reversed that decision and last week gave Pittman a May 10
deadline on whether to issue an injunction.
Pittman in Friday's order expressed concern over the 5th
Circuit's rulings in the case and said he still believed a judge
in Washington could have him himself issued a "just and fair"
ruling. "We must trust the system," he said.