Eliminating the Late Fee Bonanza

A substantial number of working-class Americans have decided that the Biden Administration is not acting in their interest and is instead serving the elites. One area in which that notion most strongly conflicts with reality is the regulation of consumer financial services.

The Consumer Financial Protection Bureau is an agency that has consistently stood up to giant banks, payday lenders and mortgage servicers. In its latest move, the CFPB just issued a rule limiting the late fees large credit card companies can charge to $8 a month.

That’s compared to the current norm of around $32, which generates an estimated $14 billion annual profit for the issuers. The CFPB estimates the cap will deprive banks of more than two-thirds of this bonanza, which has grown despite federal legislation passed in 2009 designed to ban excessive charges.

It is thus no surprise that the credit card industry is up in arms. Trade associations are trotting out fatuous claims that the lower fees will actually harm consumers while preparing lawsuits to challenge the cap.

Banks are unlikely to win much public support in their counter-offensive. That is because they have a long history of mistreating cardholders every way possible.

The CFPB knows this only too well. Over the past dozen years, the agency has brought a series of cases challenging credit card abuses and imposing hefty penalties against the culprits. Here are some examples:

In 2015 the CFPB fined Citibank $35 million and ordered it to provide an estimated $700 million in relief to consumers harmed by allegedly illegal practices related to credit card add-on products and services. Roughly seven million consumer accounts were said to be affected by deceptive marketing, billing, and administration of debt protection and credit monitoring products. The agency also said a Citibank subsidiary deceptively charged expedited payment fees to nearly 1.8 million consumer accounts during collection calls.

Three years later, the CFPB concluded that Citibank was violating the Truth in Lending Act by failing to reevaluate and reduce the annual percentage rates (APRs) for approximately 1.75 million consumer credit card accounts consistent with regulatory requirements, and by failing to have reasonable written policies and procedures to conduct the APR reevaluations consistent with regulation. Citi was ordered to provide $335 million in restitution.

In 2012 the CFPB and the Federal Deposit Insurance Corporation ordered Discover Bank to refund approximately $200 million to more than 3.5 million consumers and pay a $14 million civil money penalty after an investigation found the bank misled consumers into paying for various credit card add-on products.

That same year, the CFPB ordered three American Express subsidiaries to refund an estimated $85 million to approximately 250,000 customers for illegal card practices. This was the result of a multi-part federal investigation which, according to the agency, “found that at every stage of the consumer experience, from marketing to enrollment to payment to debt collection, American Express violated consumer protection laws.” American Express was also required to pay a penalty of $14 million to the CFPB.

Last year, the CFPB ordered Bank of America to pay $90 million in penalties for a variety of abusive practices, such as withholding reward bonuses explicitly promised to credit card customers.

Some of these practices may have been changed, but the industry, with its exorbitant interest rates, is far from a paragon of corporate virtue. The cap on late fees, if it survives court challenges, will help to tip the scales back in favor of customers. The only question is whether they will pay attention to who brought this about.