NEWS: There has already been significant fallout — and a flurry of filings — in the U.S. Chamber of Commerce’s challenge to the Consumer Financial Protection Bureau’s credit card late fee rule due to Thursday’s decision of the U.S. Supreme Court upholding the funding structure of the CFPB.
As discussed at Law Dork, the preliminary injunction against the credit card late fee rule, which was issued by Judge Mark Pittman, was based entirely on the fact that, under the precedent of the U.S. Court of Appeals for the Fifth Circuit at the time, the CFPB’s funding structure was unconstitutional.
Now, there is no stated basis justifying the preliminary injunction. In a filing with Pittman on Friday, the CFPB’s lawyers say that the Supreme Court ruling “has obvious implications for the continuing validity of the preliminary injunction.” And yet, because the Fifth Circuit only issued a “limited remand” previously, and the Chamber’s appeal is technically still pending at the Fifth Circuit, the CFPB lawyers note that that “complicates matters.”
Additionally, there have been filings in the Fifth Circuit. On Wednesday, CFPB argued that the Chamber’s appeal is moot now (since Pittman ruled) and should be dismissed. The Chamber notified the Fifth Circuit of the Supreme Court’s decision on Thursday, with its recommendation of a path ahead involving the Fifth Circuit allowing continued action from the district court as part of the limited remand. CFPB’s lawyers responded on Friday by arguing that this just reinforced why the appeal should be dismissed, “rather than continue to micromanage the district court’s supervision of this case.”
Update: On Friday afternoon, the Fifth Circuit dismissed the Chamber’s appeal in the CFPB credit card late fee rule challenge, leaving it to Pittman to work out, in the first instance, how to deal with the implications of the Supreme Court‘s CFPB funding decision.