CFPB official seal. (Source: Shutterstock)
The CFPB's credit card late fee proposed rule, which it announced on Feb. 1, is based on data and research the bureau has not released to the public – and credit union trade groups, among others, are demanding to see the data.
Officials with NAFCU and CUNA, along with the American Bankers Association, the Bank Policy Institute and the Consumer Bankers Association, sent a joint letter to the CFPB on Thursday to make their point clear concerning the bureau's apparent reluctance to releasing its data that's being used to formulate its credit card late fee proposal.
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While the groups said they intend to move forward with filing comments on the proposed rule, the CFPB is making the process difficult.
"Yet the Bureau has not released to the public the underlying data and empirical analysis on which the Bureau relies. The Associations understand that releasing the Y-14M data and other data on which the Bureau has relied may raise confidentiality concerns; accordingly, we request only that the Bureau release such data in a manner that is anonymized and/or aggregated to the extent necessary to protect confidential bank information. Without this information, it is virtually impossible to understand or replicate the analysis in any meaningful way, significantly hindering the public's ability to provide thoughtful input," the letter read.
The proposed rule aims to reduce credit card late fees. While the proposal sounds good for consumers, CUNA and NAFCU have argued the proposal could actually run many credit unions out of the credit card market, therefore hampering efforts to provide safe and affordable credit for numerous members.
If finalized, the CFPB proposed rule would enact the following:
- Lower the immunity provision dollar amount for late fees to $8 (this amount is down from $30 for a first-time late payment and $41 for subsequent late payments).
- End the automatic annual inflation adjustment.
- Cap late fees at 25% of the required minimum payment.
In Thursday's letter, the groups pointed out that the Administrative Procedure Act requires the CFPB to release its studies and data when making rules. Since the bureau has not released such information, it might be breaking the law. "The Bureau's decision to rely on data and analysis that it has not publicly disclosed conflicts with bedrock principles of administrative law."
Comments on the CFPB's proposed rule are due by April 3, 2023.
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Michael Ogden
Editor-in-Chief at CU Times. To connect, email at [email protected]. As Editor-in-Chief of CU Times since 2016, Michael Ogden has led the editorial team in all aspects of content strategy and execution, including the creation of the publication’s exclusive and proprietary research database of the credit union industry’s economic landscape. Under Michael’s leadership, CU Times has successfully shifted to an all-digital editorial product with new focuses on the payments, fraud, lending and regulatory beats. Most recently, he introduced a data-focused editorial product for subscribers that breaks down credit union issues into hard data, allowing for a deeper and more factual narrative for readers. In 2024, he launched the "Shared Accounts With CU Times" podcast, which offers a fresh, inside-the-newsroom perspective through interviews with leaders from the credit union industry and the regulatory world. He dives into pressing credit union issues, while revealing the personalities working behind-the-scenes to push the credit union world forward. His background includes years as a radio and TV anchor/reporter and a public relations and digital/social media manager, where he covered the food and music industries, as well as cooperatives and credit unions. Over the years, he has launched numerous exclusive video and podcast series, including a successful series of interactive backstage interviews with musicians at music festivals, showcasing his social media and live streaming production skills.
