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ABA: The American Bankers Association
Amicus Brief

ABA's Brief in Support of Plaintiffs' Motion for Summary Judgment

CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA; FORT WORTH CHAMBER OF COMMERCE; LONGVIEW CHAMBER OF COMMERCE; AMERICAN BANKERS ASSOCIATION; CONSUMER BANKERS ASSOCIATION; and TEXAS ASSOCIATION OF BUSINESS, Plaintiffs,

v. CONSUMER FINANCIAL PROTECTION BUREAU; and RUSSELL VOUGHT, in his official capacity as Acting Director of the Consumer Financial Protection Bureau, Defendants.

INTRODUCTION

This Court recently recognized that the Consumer Financial Protection Bureau (“CFPB”) exceeded its statutory authority when it promulgated its credit card late fees rule. Opinion and Order, ECF 128 (denying, inter alia, Defendants’ Motion to Dissolve Preliminary Injunction). The Credit Card Accountability Responsibility and Disclosure Act (“CARD Act”) expressly recognizes that issuers may impose “penalty fee[s]” when customers violate their credit card agreements, so long as such fees are “reasonable and proportional to the omission or violation,” 15 U.S.C. § 1665d(b), and the CFPB’s Final Rule effectively prevents issuers from doing so. Plaintiffs now move this Court to grant summary judgment in favor of Plaintiffs, vacate the rule, declare it unlawful, and enter permanent injunctive relief for Plaintiffs’ members.

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