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Trades support bill nullifying CFPB credit card rule, MBA comments on VASP program

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Banking, Consumer Protection, Industry Regulation
Friday, April 12, 2024

The Consumer Financial Protection Bureau’s (CFPB) final rule to cap credit card late fees that financial institutions may charge consumers has met with significant pushback from the financial industry.

The final rule cuts the safe harbor on credit card late fees, defined by the Credit Card Accountability Responsibility and Disclosure (CARD) Act, from $30 for an initial violation and $41 for subsequent infractions to $8 and eliminates inflation adjustments that have allowed institutions to increase late fees over time.

Although the bureau has said the rule specifically targets large credit issuers – those with one million or more open accounts ­ trade groups representing community banks and credit unions have expressed opposition to the measure, alongside larger institutions. Limiting the measure’s applicability to only large credit providers allows the CFPB to avoid analyzing the rule under the Small Business Regulatory Enforcement Fairness Act.

Some have noted their support for legislation introduced in the House and Senate expressing congressional disapproval of the rule and nullifying its implementation. Learn about these views and more in this roundup of takeaways from industry trade groups.

Multiple trade groups support nullifying credit card fee rule

Five trade associations representing financial institutions sent a joint letter to Sen. Tim Scott (R-S.C.) and Rep. Andy Barr (R-Ky.) expressing support for their legislative proposals aimed at preventing the CFPB’s final rule on credit card late fees from taking effect. The letter was endorsed by the American Bankers Association, America’s Credit Unions, the Bank Policy Institute, the Consumer Bankers Association, and the Independent Community Bankers of America(ICBA). The trades made the following points, among others, in their letter:

“Credit card late fees are not ‘junk fees.’ U.S. banking fees are some of the most highly regulated and transparent in the world. Credit card late fees are prescribed under Regulation Z, which implements the Truth in Lending Act (TILA). As has been required by law for many years, these fees are clearly disclosed to the consumer upfront. In addition to having clear and required disclosures, credit card penalty late fees serve an important, pro-consumer purpose recognized by TILA: to deter consumers from paying late on their credit card bills which has long-term impacts on consumers’ financial health. Nevertheless, President Biden chose to highlight the rule in his two most recent State of the Union Addresses, underscoring the political nature of the rule.

“Remarkably, notwithstanding that the proposed rule would not even be published in the Federal Register for another eight weeks, the President announced where the CFPB’s proposed rule would land just six days after it was released, before any comments had been filed or considered: ‘We’re cutting credit card late fees by 75 percent, from $30 to $8.’ This degree of political coordination between the CFPB and the White House suggests the CFPB prejudged this rulemaking and calls the rulemaking’s integrity into question. Further, the CFPB appears to have rushed to judgment throughout various important steps in the rulemaking process, raising additional concerns about improper prejudgment. Based on public statements by the administration and the CFPB, it appears that the CFPB was unwilling to alter course based on industry feedback to help protect consumers.”

The trades have been consistently vocal about their shared concerns about measures aimed at putting restrictions on credit card issuers.    

ICBA president, CEO comments on CFPB credit card rule

In a separate statement from the joint comment letter, ICBA President and CEO Rebeca Romero Rainey released a statement regarding her organization’s views on the CFPB’s rule placing a cap on credit card late fees: 

“While ICBA and the nation’s community banks are encouraged that the CFPB’s final rule on credit card fees for late payments exempts community banks due to their relationship-based business model, we remain concerned about the unintended consequences of the rule.

“The CFPB’s rule sends the wrong message that punctual credit card payments are not a significant priority, which could result in consumers making more late payments and incurring additional interest charges that would harm them in the long term. Credit card late fees — which are clearly disclosed — deter late payments and help offset the significant costs of collection for issuers. Generally, late fees are used by businesses — and by federal and state governments — to encourage timely payment.

“Further, while we generally oppose regulatory efforts to regulate the free market and set prices that interfere with competition and consumer choice, relationship-based community banks offer credit cards as a service to their customers under contracts voluntarily entered into by these consumers and are rightly not targeted by today’s rulemaking.”

MBA president, CEO weighs in on VA servicing purchasing program

Mortgage Bankers Association (MBA) President and CEO Bob Broeksmit recently issued the following statement on the Department of Veterans Affairs’ (VA) release of its Veterans Affairs Servicing Purchase (VASP) program:

“MBA welcomes the release of the VASP program as a new home retention option that will allow mortgage servicers to help more distressed veteran borrowers stay in their homes via a more affordable and sustainable mortgage payment. This is especially important in the current high interest rate environment.

“Servicers have performed extraordinarily since the pandemic to implement new forbearance and home retention programs from the VA and other federal agencies, helping more than 8 million families stay in their homes. While the VA has announced a May 31 effective date, it is important for veterans to understand that the VA has assured servicers that additional time will be provided to implement this complex and novel program. Servicers will work diligently to modify their systems and operations and train their staffs to implement the program by the VA’s deadline, when announced.

“The VA should also develop a permanent partial claim option as its preferred home retention solution, in addition to VASP. The partial claim worked successfully for borrowers and servicers during the pandemic and is a crucial loss mitigation tool that exists for every other government loan program. Having both a partial claim option and VASP would provide servicers a durable loss mitigation framework to help struggling homeowners avoid foreclosure in any market environment.”

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