CFPB Issues Credit Card Late Fee Proposed Rule

By John Zasada, JD, CAMS – Shareholder, Financial Institutions Group

On Feb. 1, 2023, the Consumer Financial Protection Bureau (CFPB) issued a 175-page proposed rule that could significantly impact credit card fees.

The proposed rule would reduce credit card late fees to $8, from the current safe harbor of up to $41. This amount would no longer adjust for inflation each year. If a financial institution chooses to charge more than $8, they will have to prove the higher fee is necessary to cover costs. In addition, late fee amounts could not exceed 25% of the required payment. Currently, late fee amounts must not exceed 100%.

If passed, financial institutions would be prohibited from imposing late fees on consumers making the required payment within 15 calendar days following the due date. The CFPB is considering imposing lower limits to other types of credit card fees, such as over-the-limit fees and returned-payment fees. The proposal could also potentially set, as a condition of using the safe harbor for late fees, that card issuers be required to offer automatic payment options (such as for the minimum payment amount), or to provide notification of the payment due date within a certain number of days prior to the due date, or both.

Stay tuned for more information on this proposed rule. Should you have questions about credit card late fee regulations, please contact Doeren Mayhew’s regulatory compliance specialists.