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A federal judge in Fort Worth, Texas, on Friday blocked a new Biden administration rule that would prohibit credit card companies from charging customers late fees higher than $8.
US District Judge Mark T. Pittman, an appointee of former President Donald Trump, granted a preliminary injunction to several business and banking organizations that allege the new rule violates several federal statutes.
These organizations, led by the right-leaning US Chamber of Commerce, sued the Consumer Financial Protection Bureau after the rule was finalized in March. The rule, which was set to go into effect Tuesday, would save consumers about $10 billion per year by cutting fees from an average of $32, the CFPB estimated.
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Since credit card companies are currently allowed to charge outrageous fees, that would be akin to an ex post facto action so no they wouldn’t. Also while said fees are outrageous, the harm to consumers isn’t relevant because the suit is between credit card companies and the government.
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So keep in mind that harm as a legal concept is not the same as the general definition of harm. In the legal world, harm must be caused by the defendants to the plaintiffs. In this case, the government preventing card companies from collecting outrageous late fees does cause them monetary harm, so the question will be if the government has the right to do so.
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