New CFPB rule caps banks’ credit card late fees at $8 (2024)

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Rohit Chopra, director of the CFPB, testifies during the Senate Banking, Housing and Urban Affairs Committee hearing titled “The Consumer Financial Protection Bureau’s Semi-Annual Report to Congress,” in Dirksen Building on Thursday, November 30, 2023.

Tom Williams | Cq-roll Call, Inc. | Getty Images

The Consumer Financial Protection Bureau unveiled a new rule on Tuesday that it said would cap the typical late fee that banks charge customers at $8 per incident.

By cutting late fees to $8 from an average of around $32, more than 45 million card users would save an average of $220 annually, the CFPB said in a release.

The new rule, long expected after an initial proposal was floated early last year, comes after the agency said it reviewed market data related to the 2009 Card Act. Regulations tied to that law granted card issuers the ability to charge ever-increasing amounts of late fees.

“For over a decade, credit card giants have been exploiting a loophole to harvest billions of Dollars in junk fees from American consumers,” CFPB Director Rohit Chopra said in the release. “Today’s rule ends the era of big credit card companies hiding behind the excuse of inflation when they hike fees on borrowers and boost their own bottom lines.”

The announcement is the latest salvo in PresidentJoe Biden’s war against so-called junk fees.

The big banks that issue credit cards have been raising the cost of late penalties since 2010, and the fees exceeded $14 billion in 2022, according to the CFPB. The industry profits from customers with low credit scores, who rack up an average of $138 annually in late fees per card, said Chopra.

The rule, which applies to card issuers with at least one million open accounts, also ends automatic inflation adjustments on late fees.

Instead, the agency said it would adjust the fee if needed to cover collection costs, and that card issuers can charge higher fees if they prove they are necessary. The rule doesn’t directly impact interest rates, the CFPB said.

An industry group criticized the CFPB rule on Tuesday, saying that many card users will see higher interest rates and reduced credit availability. The group also questioned the process by which the rule was issued. The CFPB says that Congress granted it the authority to administer the Card Act.

“The rule’s policy goals are, at best, consumer redistribution, not consumer protection,” Consumer Bankers Association head Lindsey Johnson said in a statement. “Equally concerning is that this rule continues the CFPB’s deeply problematic practice of rushing to prioritize headlines at the expense of legal process.”

Another industry group, the American Bankers Association, said it is considering options to push back against the CFPB’s rules.

In a release, Republican Senator Tim Scott of South Carolina said he would lean on the Congressional Review Act to fight implementation of the CFPB’s rule.

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New CFPB rule caps banks’ credit card late fees at $8 (2024)

FAQs

New CFPB rule caps banks’ credit card late fees at $8? ›

Today's final rule: Lowers the immunity provision dollar amount for late fees to $8: Based on data analyzed by the CFPB, a late fee of $8 would be sufficient for larger card issuers, on average, to cover collection costs incurred as a result of late payments.

What is the CFPB late fee rule? ›

The CFPB announced a final rule that will cap credit card late fees at $8 for the largest credit card issuers, according to a March 5, 2024 release.

What do you say to get late fee waived? ›

During this call, highlight that you're a good customer who routinely makes payments on time and that this was a one-off situation while being respectful of the rep and asking politely. The stronger your on-time payment history is, the more likely your credit card company will waive the late fee.

How many late fees can a credit card company charge? ›

On March 5, 2024, the Consumer Financial Protection Bureau (CFPB) finalized a rule limiting the penalty for late payment to $8 per incident, down from an industry average of $32.

How do I get late fees removed? ›

You can only get a late payment removed from your credit report if it was reported in error. To get an incorrect late payment removed from your credit report, you need to file a dispute with the credit bureau that issued the report containing the error.

What is the late fee amendment? ›

The CFPB's final rule eliminates the automatic annual inflation adjustment for the $8 late fee threshold. This adjustment was added by the Federal Reserve Board and is not required by law. The CFPB will instead monitor market conditions and adjust the $8 late fee immunity threshold as necessary.

What is a fair late fee to charge? ›

How much can I charge for late fees? A standard late fee for invoices that are overdue is between 1% and 2% monthly. Flat rate fees should depend on how much you typically charge customers. You can charge late invoice payments either as an interest rate, a flat fee, or both.

Will credit card companies forgive late fees? ›

Credit card companies will usually waive your first late fee. Even if it's not your first time being late, you might be able to get it waived if you've paid on time for at least the past six to 12 months. Contact your card issuer to see if it will waive your late fee.

Can you ask a credit card company to waive a late fee? ›

Many issuers will waive late fees as a courtesy to customers with good payment records. Call your issuer, explain the situation and ask a customer service representative if they can waive the fee. If you're also subject to a penalty APR, you can ask for its removal as well.

Can I ask my credit card company to remove late payment? ›

If there's an incorrect late payment on your credit reports, you can file a dispute with the creditor or the corresponding credit bureau to try and get the mark removed. But if the late payment is correct, you should know you probably won't be able to get rid of the derogatory mark before its time.

What is the most a business can charge for late fee? ›

Late fees must be explicitly described in credit card agreements, leases, or other types of contracts. Creditors cannot charge excessive late fees, which means they must be reasonable. Late fees typically range between $25 and $50.

Will a 3 day late payment affect my credit score? ›

Even a single late or missed payment may impact credit reports and credit scores. But the short answer is: late payments generally won't end up on your credit reports for at least 30 days after the date you miss the payment, although you may still incur late fees.

What is the #1 reason that people give for paying their credit card bill late? ›

In CR's survey, the most common reason people said they were late with a payment was that they thought they'd already paid the bill (27 percent). For 12 percent, one of the problems was that they didn't know when the payment was due.

Will Capital One waive a late fee? ›

If you're having trouble making on-time payments, contact your credit card issuer as soon as possible. They might be able to work with you. In some cases, it may even waive late fees or penalty rates.

Will Capital One remove late payments? ›

Neither you nor a credit repair company can remove accurately reported late payment information from your credit reports. But if you believe there might be an error, you can contact us to dispute incomplete or inaccurate information.

Can the CFPB impose penalties? ›

Since consumers can only obtain redress from the Civil Penalty Fund in cases where a civil money penalty is imposed, the CFPB may impose a nominal $1 civil money penalty.

What is the maximum percentage that can be charged for a mortgage late payment? ›

(a) A charge that may be imposed for late payment of an installment due on a loan secured by a mortgage or a deed of trust on real property containing only a single-family, owner-occupied dwelling, shall not exceed either (1) the equivalent of 6 percent of the installment due that is applicable to payment of principal ...

What is the late fee clause in a promissory note? ›

A typical late charge provision in promissory notes for commercial loans provides that when a borrower fails to make a monthly payment the lender may collect both (a) a one-time late charge equal to some percentage of the missed payment, and (b) an increased rate of interest (referred to as “default interest”) on the ...

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