As discussed here, on February 1, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would amend Regulation Z to: 1) decrease the safe harbor for credit card late fees to $8 and eliminate altogether a higher safe harbor amount for subsequent late payments; 2) eliminate the annual inflation adjustments for the late fee safe harbor amount; and 3) mandate that late fees must not exceed 25% of the required minimum payment. Today, that proposed rule was published in the Federal Register.

In addition to the three proposed amendments, the CFPB is soliciting comment on whether card issuers should be prohibited from imposing late fees on consumers that make the required payment within 15 days of the due date, and whether, as a condition of using the safe harbor, it may be appropriate to require card issuers to offer automatic payment options (such as for the minimum payment amount), and/or to provide notification of the payment due date within a certain number of days prior to the due date.

Interested parties may submit comments on the proposed rule until May 3, 2023.

Given that this proposed rule, if finalized, would likely have a directly adverse effect on the bottom line of credit card issuing banks, we expect the discussion and commentary on this proposed rule to be robust.

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Photo of Chris Willis Chris Willis

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending…

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending them in individual and class action lawsuits brought by consumers and enforcement actions brought by government agencies.

Photo of Stefanie Jackman Stefanie Jackman

Stefanie takes a holistic approach to working with clients both through compliance counseling and assessment relating to consumer products and services, as well as serving as a zealous advocate in government inquiries, investigations, and consumer litigation.

Photo of Glen Trudel Glen Trudel

A former bank in-house counsel, Glen brings real-world experience to financial institutions, marketplace lenders, fintechs, and other companies grappling with both regulatory and transactional issues.

Photo of Addison Morgan Addison Morgan

Addison is an associate in the firm’s nationally recognized Consumer Financial Services Practice Group. He has represented several of the nation’s preeminent financial institutions in litigation arising under the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Fair Debt…

Addison is an associate in the firm’s nationally recognized Consumer Financial Services Practice Group. He has represented several of the nation’s preeminent financial institutions in litigation arising under the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), the FTC Holder Rule, and other consumer protection state analogs.

Photo of Josh McBeain Josh McBeain

Josh focuses his practice on federal and state consumer and business lending and payments laws, including those that apply to credit cards, installment loans, lines of credit, and point-of-sale finance.

Photo of Andrew Buxbaum Andrew Buxbaum

Andrew Buxbaum is Counsel in the firm’s Consumer Financial Services practice. Andrew provides clients with valuable strategy and analysis based on his vast experience in both private practice and in-house counsel positions. Andrew specializes in representing clients in the financial services industry (including…

Andrew Buxbaum is Counsel in the firm’s Consumer Financial Services practice. Andrew provides clients with valuable strategy and analysis based on his vast experience in both private practice and in-house counsel positions. Andrew specializes in representing clients in the financial services industry (including banks, lenders, mortgage companies, debt collection firms and loan servicers) in consumer litigation, bankruptcy, and regulatory compliance matters.