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FILE PHOTO: Signage is seen at the Consumer Financial Protection Bureau (CFPB) headquarters in Washington, D.C., U.S., August 29, 2020. REUTERS/Andrew Kelly/File Photo

WASHINGTON, DC — Yesterday Judge Mark Pittman granted the Consumer Financial Protection Bureau’s (CFPB) request to transfer an industry-led lawsuit against the agency’s credit card late fee cap to the United States District Court for the District of Columbia, a venue the CFPB argued is more appropriate for the case. The decision comes after the Fifth Circuit Court of Appeals restored full jurisdiction to Judge Mark Pittman of the Northern District of Texas to preside over the case, affirming his authority to transfer the case. Judge Pittman noted the basis for his earlier ruling was now “moot” after the Supreme Court’s rightful decision on the CFPB’s constitutional funding structure.

Within hours of the decision, the U.S. Chamber of Commerce filed an appeal to the Fifth Circuit to block the venue transfer. Both parties are expected to respond by June 6, 2024.

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This latest move of the credit card late fee case is a win for the Biden administration and affirms venue shopping by industry doesn’t always play out in their favor. Big banks treat our judicial system like a game — picking and choosing industry-friendly venues to score a favorable decision, but enough is enough. The U.S. Chamber and its members know each day their frivolous lawsuit delays the administration’s credit card rule will cost everyday Americans $27 million – and that’s the point. The U.S. Chamber will go to any lengths to protect the profits of their corporate donors. Even after being publicly embarrassed over their judge shopping tactics when Judge Pittman transferred this case a second time, the Chamber is now calling on the Fifth Circuit to do their bidding again.”

Accountable.US Executive Director Tony Carrk

WHAT YOU NEED TO KNOW ABOUT THE CREDIT CARD LATE FEE CASE

In the latest back and forth of the case, Judge Pittman transferred the industry-led challenge to the United States District Court for the District of Columbia. 

Previously, Judge Pittman had transferred the case to the same court in DC, calling out the Chamber for treating legal venues as a “continental breakfast,” where they “pick and choose on a Plaintiffs’ whim where and how a lawsuit is filed.” His decision was blocked by the conservative Fifth Circuit of Appeals when the court brought the case back to Texas. 

A review by Accountable.US of legal challenges by the U.S. Chamber of Commerce since President Trump took office in January 2017 shows the majority of lawsuits, roughly 63% of lawsuits challenging federal regulations, were filed within district courts under the Fifth Circuit’s jurisdiction. 

Fifth Circuit judges have collectively reported up to $745,000 in investments in credit card or credit issuing companies in their most recently available public financial disclosures. 

Learn more about the U.S. Chamber’s fight to keep fees high and the group’s history of judge shopping here. 

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