WASHINGTON, DC — Just days after Northern District of Texas Judge Reed O’Connor recused himself from presiding over the U.S. Chamber of Commerce lawsuit to block the Consumer Financial Protection Bureau’s (CFPB) historic rule capping credit card late fees, the Chamber has filed for an expedited review of its motion for preliminary injunction in an attempt to avoid the consequences of venue shopping. U.S. District Judge Mark Pittman—who replaced Judge O’Connor after he recused—has called into question the validity of the Chamber’s filing in his court, arguing that “only one plaintiff of the six in this matter has even a remote tie to the Fort Worth division.”

The Chamber’s latest filing is a blatant attempt to fast-track its lawsuit against the Biden administration seeking to enshrine credit card late fees as high as $41. Rather than defend their decision, the Chamber has the audacity to ask the court to intervene early. It’s unfortunate the Chamber continues to clog up the legal system on behalf of its big bank members who drain consumers of billions of dollars in needless and excessive penalties every year.”

Accountable.US’ President Caroline Ciccone

Government watchdog Accountable.US previously called for Judge O’Connor’s recusal, citing tens of thousands of dollars of his personal investments in credit card-issuing companies, including U.S. Chamber members, as blatant conflicts of interest. 

More recently, the U.S. Judicial Conference announced a new discretionary policy aimed to limit “judge shopping” by mandating lawsuits be “assigned randomly to judges throughout a federal district.” The Consumer Financial Protection Bureau has pushed back against the Chamber’s request for a preliminary injunction in the case, claiming that the latter has engaged in forum shopping. 

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