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.
Not just likelihood of success, but also whether any irreparable harm could occur while the case is being decided, in the event the case favors the plaintiffs. In this case, if card companies are only allowed to collect $8 while the case is ongoing, and then a judge ruling they are allowed to collect more than that, means there’s a monetary loss that will have happened. Now I wouldn’t be crying if credit card companies are forced to stop ripping people off, and absolutely fuck the Chamber of Commerce, but that’s what it is.
Yes I agree, but it doesn’t just have to meet some of those criteria to get an injunction, it has to meet all those criteria, including likelihood of success. They can’t just argue irreparable harm only if the judge thinks they’re unlikely to succeed. The judge seems to agree with them in that section of the ruling that he thinks that the rule is likely unconstitutional. And conservative judges have been pretty hostile to the consumer financial protection bureau in general. I’m not holding my breath, at least not for this judge, but maybe ultimately on appeal the cfpb will still succeed in the end.
What about the irreparable harm caused by outlandish fees, or will they be forced to pay those back?
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.
That’s sad to hear.
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.
Oh ok, makes sense.