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- cross-posted to:
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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.
OK… so this is weird. The Supreme court just upheld that the funding structure of the CFPB was constitutional overruling the 5th circuit ruling that the CFPB funding structure was unconstitutional… But THIS federal judge just used the 5th court unconstitutionality ruling as the basis for why this CFPB credit card rule was unconstitutional (the CFPB is unconstitutional so any decision they make is invalid). It seems like he’s leaning on a just overturned ruling to make this decision. Is this just a case of a timing error where everything in the credit card fee case was filed before he Supreme Court overruled the 5th circuit’s ruling or is there another argument there?
It’s the 1% getting what they paid for.
There’s also a sort of trend where injunctions preserve the status quo. By granting the injunction fees change at most once regardless of the ruling.