Understanding the Impact of the CFPB’s Proposed Rule on Junk Fees for Card Issuers

Jan 15, 2024

The Consumer Financial Protection Bureau (CFPB) has recently focused its efforts on curbing what it terms “junk fees” in the consumer credit card and debit card industry. Junk fees typically refer to charges that seem excessive relative to the cost of the service provided, are not clearly disclosed, or are added on for routine or expected aspects of a service. In the credit/debit card industry, junk fees refer to late payment fees charged when the amount due is not paid before the due date, overdraft fees charged when the account balance falls below zero, and balance transfer fees charged when debt is transferred between accounts. These fees are often criticized when they are disproportionately high compared to the actual cost or service provided. 

This recent crackdown marks a shift in the financial landscape and has significant implications for credit card issuers. This blog aims to dissect these proposed changes and their potential impact on the industry, targeting card issuers as the primary audience.

 

The CFPB’s Proposed Changes

The CFPB has proposed a rule to curb what it deems “excessive” credit card late fees, which are believed to cost American families approximately $12 billion each year. Key elements of this proposal include:

Reduction of Late Fees: The immunity provision for late fees would be lowered to $8 per missed payment, a substantial decrease from the current maximum fees of up to $41.

Elimination of Annual Inflation Adjustment: The automatic annual inflation adjustment for late fees would be abolished. This change aims to prevent fees from escalating without a corresponding increase in collection costs.

Cap on Fees Relative to Minimum Payment: Late fees would be capped at 25% of the required minimum payment, aligning more closely with the intent of Congress to ensure fees are reasonable and proportional.

Potential Additional Changes: The CFPB is also considering other changes, such as applying these rules to all credit/debit card penalty fees, eliminating the immunity provision entirely, introducing a 15-day courtesy period before assessing late fees, and mandating autopay options for card issuers.

 

Implications for the Credit/Debit Card Industry

The proposed changes could have profound impacts on the credit/debit card sector:

Revenue Impact: For many financial institutions, these fees are a significant source of revenue. They can account for a substantial portion of profits, particularly in credit card operations. With a considerable reduction in permissible late fees, card issuers might see a notable decrease in this revenue stream.

Operational Adjustments: Issuers will need to revise their fee structures and billing practices in line with the new regulations.

Incentivizing Timely Payments: Reducing late fees could alter consumer payment behavior, possibly leading to higher rates of delinquency.

Market Competitiveness: The CFPB’s emphasis on fairness and competition might prompt card issuers to innovate in other areas to maintain profitability.

Impact on Small Businesses and Consumers: While the rule aims to alleviate financial burdens on families, it may have a negative effect on small business credit access and overall consumer credit availability. 

 

Industry Response 

The industry’s response to these proposed changes has been mixed. While consumer advocates applaud the move, some in the credit/debit card industry express concerns about potential unintended consequences, such as tighter credit standards and reduced access to credit for specific consumer segments.

“If the proposal is enacted, credit card issuers will be forced to adjust to the new risks by reducing credit lines, tightening standards for new accounts and raising APRs (annual percentage rates) for all consumers, including the millions who pay on time,” American Banking Association (ABA) president and Chief Executive Officer Rob Nichols said. There’s anticipation of potential legal action to delay the enforcement of these rules, and the industry might also respond by introducing other types of fees, such as statement charges.

In addition, there’s also a significant public debate and lobbying effort surrounding the potential impact on consumer rewards programs. Some industry representatives and analysts argue that reducing fees might limit the funding available for these popular rewards programs, which could affect consumer benefits.

 

Conclusion

Junk fees represent a critical issue at the intersection of consumer rights, financial regulation, and business ethics. The debate around these fees centers on the balance between legitimate business charges and the protection of consumers from excessive, unnecessary, or hidden costs. The CFPB’s proposed rule represents a pivotal moment for the credit/debit card industry, with the potential to reshape fee structures and impact both issuers and consumers significantly. Card issuers must stay abreast of these developments, adapt to the evolving regulatory environment, and strategically plan for a future where late fee revenues might be considerably reduced.

 

Glossary 

Late fees: fees charged when the amount due is not paid before the due date.

Junk fees: charges that seem excessive relative to the cost of the service provided, are not clearly disclosed, or are added on for routine or expected aspects of a service.

Overdraft fee NSF: fees charged when there are insufficient funds in a account for a transaction.

Overdraft fees debit /ATM: fees charged when the account balance falls below zero.