Kristen Larson on Preliminary Injunctions

Illinois swipe fee injunction extended to cover out-of-state banks, but not federal credit unions

Chief Judge Virginia Kendall of the Northern District of Illinois has extended her preliminary injunction prohibiting Illinois from enforcing the Illinois Interchange Fee Prohibition Act (the “IFPA”) to cover out-of-state...more

2/20/2025 / Banks , Consumer Financial Products , Federal Credit Unions , Financial Institutions , Financial Services Industry , Illinois , Interchange Fees , Out-of-State Companies , Preemption , Preliminary Injunctions , Regulatory Requirements , State Attorneys General

Court grants partial injunction for National Banks and Federal Savings Associations in the lawsuit challenging the Illinois...

In a 37 page order, Chief Judge Virginia M. Kendall in the Northern District of Illinois determined that the Illinois Bankers Association, American Bankers Association, America’s Credit Unions, and Illinois Credit Union...more

1/14/2025 / Article III , Banks , Constitutional Challenges , Federal Credit Unions , Financial Institutions , Interchange Fees , National Bank Act , Payment Systems , Preemption , Preliminary Injunctions , Sovereign Immunity , Standing

Bank associations seek a preliminary injunction to block CFPB overdraft rule

Mississippi Bankers Association, the American Bankers Association, the Consumer Bankers Association, America’s Credit Unions, and three banks are seeking a preliminary injunction blocking the CFPB from implementing the...more

12/23/2024 / Consumer Financial Protection Bureau (CFPB) , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Lack of Authority , Overdraft Fees , Overdraft Rule , Preliminary Injunctions , Regulation Z , Statutory Authority , Truth in Lending Act (TILA)

CFPB files its reply brief in support of the CFPB’s motion to dissolve the preliminary injunction in the credit card late fee...

On August 22, 2024, the CFPB filed its reply brief in support of its motion to dissolve the preliminary injunction and lift the stay of the CFPB’s credit card late fee final rule (“Rule”) in the lawsuit challenging the Rule....more

8/28/2024 / 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 , Consumer Lenders , Credit Cards , Dodd-Frank , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dismiss , Motion to Dissolve , Preliminary Injunctions , Regulatory Agenda , Standing , Truth in Lending Act (TILA)

Plaintiffs declare that Fort Worth Chamber is the CFPB’s “natural adversary” in their opposition brief to the CFPB’s motion to...

On August 12, 2024, the plaintiffs filed their brief in opposition to the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and if granted, transfer the case to the...more

8/14/2024 / 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 Dissolve , Motion to Transfer , Preliminary Injunctions , Proposed Rules , Regulatory Agenda , Standing

Plaintiffs file their brief in opposition to CFPB’s motion to dissolve the preliminary injunction in the credit card late fee...

On August 8, 2024, the plaintiffs filed their brief in opposition to the CFPB’s motion to dissolve the preliminary injunction in the lawsuit challenging the CFPB’s credit card late fee final rule (“Rule”). In their brief, the...more

8/13/2024 / Administrative Procedure Act , CARD Act , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Debt Collection , Dodd-Frank , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dismiss , Motion to Dissolve , Preliminary Injunctions , Proposed Rules , Regulatory Agenda , Regulatory Authority , Truth in Lending Act (TILA)

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

CFPB Refiles its Notice of Supplemental Authority in Support of its Motion to Transfer Venue under Section 1406(a) and Motion and...

On July 18, 2024, in the lawsuit challenging the CFPB’s credit card late fee rule (Rule), the CFPB refiled its notice of supplemental authority in support of its motion to dismiss or transfer the case, motion to dissolve the...more

7/19/2024 / Administrative Procedure Act , CARD Act , Chevron Deference , 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 Dissolve , Motion to Transfer , Preliminary Injunctions , Regulatory Agenda , Supplemental Authority , Truth in Lending Act (TILA)

CFPB Isn’t Seeking a Rehearing and Petitions Fifth Circuit to Forthwith Issue Mandate in connection with the Writ of Mandamus...

On July 11, 2024, the CFPB filed Respondent’s Motion for the Immediate Issuance of the Mandate. In the motion, the CFPB states that they do not plan to seek a rehearing before the same Fifth Circuit or En Banc and requests...more

7/15/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Debt Collection , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dissolve , Preliminary Injunctions , Regulatory Agenda , Writ of Mandamus

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

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)

Further developments in Colorado rate exportation litigation: Colorado AG files opposition brief and FDIC tries to “opt out” of...

As expected, the Colorado Attorney General and Colorado Uniform Consumer Credit Code Administrator filed their responsive brief in opposition to the plaintiffs’ motion for preliminary injunction filed earlier this month in...more

4/26/2024 / Amicus Briefs , DIDMCA , FDIC , Financial Services Industry , Interest Rates , National Bank Act , Opt-Outs , Preliminary Injunctions , State Attorneys General

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

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

TX federal court enjoins enforcement of CRA final rules against plaintiffs

On February 5, 2024, several national and Texas banking and business trade groups (Plaintiffs) filed a lawsuit challenging the final regulations (Final Rules) implementing the Community Reinvestment Act of 1977 (CRA) that...more

4/3/2024 / Community Reinvestment Act , Consumer Financial Products , FDIC , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , OCC , Preliminary Injunctions

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)

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)

Operational impacts of the new CFPB Credit Card Late Fee Rule

On March 5, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued its final credit card late fee rule (the “Final Rule”), which, amongst other things, significantly reduces the late fee safe harbor cap for issuers...more

3/21/2024 / Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Credit Cards , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Preliminary Injunctions , Proposed Rules , Regulation Z , Regulatory Agenda , Safe Harbors

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)

Kristen Larson

Ballard Spahr LLP

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