News & Analysis as of

Late Fees

Blank Rome LLP

New York Just Changed the Game for Buy Now, Pay Later

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New York became the first state to publish comprehensive regulations governing Buy Now, Pay Later (“BNPL”) financing on February 23, 2026, and the implications for retail finance are significant. The proposed rule implements...more

Ballard Spahr LLP

New York Publishes Buy Now, Pay Later Rules

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The New York Department of Financial Services has published proposed rules governing Buy Now, Pay Later (BNPL) financing plans operating in the state. ...more

Ballard Spahr LLP

Senator Warren Presses CFPB Acting Director Over Credit Card Fees and Agency Retrenchment

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Senator Elizabeth Warren has sent a sharply worded letter to CFPB Acting Director Russell Vought that crystallizes an unusual moment in consumer financial services regulation: a populist-sounding call from President Trump to...more

Orrick, Herrington & Sutcliffe LLP

Sen. Warren pens letter to CFPB’s Vought on new credit card policies

On January 23, Sen. Elizabeth Warren (D-MA), the ranking Democratic member on the U.S. Senate Committee on Banking, Housing and Urban Affairs, delivered a letter to the acting director of the CFPB, Russell Vought, criticizing...more

Sheppard, Mullin, Richter & Hampton LLP

Eleventh Circuit Affirms FTC Injunction Requiring Express Informed Consent for Fees

On January 6, the U.S. Court of Appeals for the Eleventh Circuit largely affirmed an FTC enforcement action under Section 5 of the FTC Act, upholding summary judgment and a permanent injunction against a corporate payments...more

DLA Piper

Major amendments to Japan’s Subcontract Act: What businesses need to know

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From 1 January 2026, Japan will implement significant reforms to the Act against Delay in Payment of Subcontract Proceeds, etc. to Subcontractors (the Subcontract Act). The amended act is known as the Act Against Delay in...more

Orrick, Herrington & Sutcliffe LLP

CFPB Releases Report on Buy Now, Pay Later Market

On December 10, the CFPB released a report on the buy now, pay later (BNPL) market, leveraging trends and findings from 2019 through 2023. The report found that the BNPL industry continued to expand as a financing option...more

Troutman Pepper Locke

What the CFPB’s New Buy Now, Pay Later Market Report Shows

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The Consumer Financial Protection Bureau (CFPB or Bureau) released a new market “data spotlight” on Buy Now, Pay Later (BNPL) that uses actual transaction data from six large providers of “pay-in-four” BNPL loans. The report...more

Orrick, Herrington & Sutcliffe LLP

California extends mortgage forbearance laws after wildfires

On September 22, the governor of California signed into law AB 238, the Mortgage Forbearance Act, to provide relief to homeowners affected by several January 2025 wildfires....more

Cadwalader, Wickersham & Taft LLP

Heating Up, June 2025 - Changes to CFPB Actions and Interpretations

It has been difficult to keep up with all of the changes that have been happening with Consumer Financial Protection Bureau (“CFPB”) lawsuits and interpretations because the CFPB has not been sending out press releases...more

Kilpatrick

CFPB Credit Card Late Fee Rule Vacated by Banking Trade Group Lawsuit

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The CFPB's 2024 final rule on credit card late fees has been vacated as a result of the lawsuit filed by several banking industry trade groups challenging the rule’s validity....more

Goodwin

CFPB Agrees To Eliminate $8 Cap on Credit Card Late Fees

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On April 15, 2025, the U.S. District Court for the Northern District of Texas vacated a Consumer Financial Protection Bureau (CFPB) rule that capped credit card late fees at $8....more

Sheppard, Mullin, Richter & Hampton LLP

CFPB Late Fee Rule Vacated by Texas Federal Court 

On April 15, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas entered an Order and Final Judgement vacating the CFPB’s 2024 credit card late fee rule (previously discussed here) for...more

Orrick, Herrington & Sutcliffe LLP

CFPB gets its credit card late fee rule tossed

On April 15, the U.S. District Court for the Northern District of Texas vacated the CFPB’s Credit Card Late Fee Rule pursuant to a joint motion for entry of consent judgment reached by the parties. The court found the CFPB’s...more

Holland & Knight LLP

CFPB Credit Card Late Fees Rule Vacated by Texas District Court

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On April 15, 2025, Judge Mark T. Pittman of the U.S. District Court for the Northern District of Texas entered an order and final judgment vacating the CFPB's credit card penalty fees rule (the Late Fee Rule). Judge Pittman's...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

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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

Ballard Spahr LLP

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

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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

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

Ward and Smith, P.A.

Attention North Carolina Retailers: Time to Renew Your ABC Permits!

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If your business sells alcohol in North Carolina, now is the time to renew or register your Alcoholic Beverage Control (ABC) retail permit. Failure to complete this process on time could result in penalties, increased costs,...more

Troutman Pepper Locke

Texas Federal Court Orders CFPB to File Status Report Following Leadership Change

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Today, the U.S. District Court for the Northern District of Texas issued an order in Chamber of Commerce of the United States of America v. Consumer Financial Protection Bureau (CFPB or Bureau) in light of recent changes...more

Baker Donelson

Late Fees on a Balloon Payment Due at Maturity

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In 2025, an estimated $600 billion in commercial real estate loans are scheduled to mature. While the interest rate environment has stabilized somewhat over the past year, rates have not fallen as far as borrowers had hoped,...more

Sheppard, Mullin, Richter & Hampton LLP

California Increases the Pressure on Alleged “Junk Fees”: New Law Targets ATM Charges

The topic of “junk fees” has been in the headlines, spurred by legislative action across various sectors. From regulations on credit card late fees to the Federal TICKET Act targeting concert event fees, lawmakers are...more

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