Scott introduces measure to overturn CFPB late fee rule

Tim Scott
Senator Tim Scott, R-S.C., who serves as ranking member of the Senate Banking Committee, introduced a Congressional Review Act resolution Monday that would undo the Consumer Financial Protection Bureau's credit card late fee rule, which is also being challenged in court.
Bloomberg News

WASHINGTON – Sen. Tim Scott, R-S.C., ranking member of the Senate Banking Committee, introduced a long shot measure that would overturn the Consumer Financial Protection Bureau's late fee rule, though the measure is unlikely to pass both houses of Congress and receive President Biden's signature. 

Scott introduced the Congressional Review Act resolution on Monday, the first day lawmakers are back in Washington from their spring recess. 

It received support from a number of other Senate Banking Republicans, as well as other high-profile lawmakers. Republican Sens. John Thune of South Dakota, John Barrasso of Wyoming, Jerry Moran of Kansas, John Boozman of Arkansas, Steve Daines of Montana, Mike Rounds of South Dakota, Thom Tillis of North Carolina, Marsha Blackburn of Tennessee, Kevin Cramer of North Dakota, Mike Braun of Indiana, Bill Hagerty of Tennessee and Katie Britt of Alabama joined Scott's resolution.  

Banking industry trade groups supported the resolution. It has the backing of the Consumer Bankers Association, America's Credit Unions, Independent Community Bankers of America, Bank Policy Institute, American Bankers Association, Americans for Tax Reform, Competitive Enterprise Institute and the U.S. Chamber of Commerce, Scott's office said. 

The CFPB's late fee rule, which would in many cases cap credit card late penalties at $8, has already faced heavy pushback from many of those trade groups. A number of banking industry trade groups sued the agency over the rule in a case that's drawn attention for so-called judge shopping. 

The banking groups filed their complaint in Texas in a bid to have the case heard by a court that's become a favorite venue for those seeking to challenge Biden administration regulations. Just on Friday, a federal judge sent the case back to Texas after a judge in that state said that it should be heard in a Washington, D.C. court — a procedural win for the industry interests that have complained about the rule. 

The pushback against the CFPB credit card late fee rule is emblematic of the increasing scrutiny that regulators are facing from outside interests, including banking lobbyists and Congress. A challenge against another CFPB rule, the small-business data-collection rule, passed in both the House and Senate with some Democratic support, before being ultimately vetoed by President Joe Biden. 

The CFPB's late fee rule challenge isn't likely to ultimately pass, even if it can garner some bipartisan support in Congress. The CFPB introduced its proposal to major fanfare from the White House, and has received high-profile shoutouts from Biden himself, including at his latest State of the Union address. 

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