Credit card late fees to be capped at $8 - but not at every bank (2024)

Banks will only be able to charge customers a maximum of $8 each time they miss a monthly credit card payment, under a new rule announced today.

The average late payment fee from American banks is $32 per statement,according to the Consumer Financial Protection Bureau, which is behind the new rule.

Capping the penalty at a quarter of that level means 45 million credit card users will save an average of $220 a year.

The agency said that over the last decade,banks have hiked late fees using 'the excuse ofinflation' to createan 'irresistible revenue stream'.

The rule will benefit the poorest Americans most - those who readily find themselves unable to pay off their credit card balances and rack up fees as a result.

Banks will only be able to charge customers a maximum of $8 each time they miss a credit card payment under a new rule finalized on Tuesday

'The current rule means large banks profit when borrowers inadvertently miss a payment or struggle to pay on time,' said Rohit Chopra, director of the watchdog.

Although the CARD Act in 2010 limited banks to charging customers no more than the costs they incurred due to the late payment, many have since exploited a loophole in the law, regulators said.

The loophole was that banks could charge what they wanted as long as they stayed below a certain threshold - but that threshold increased due to inflation adjustments.

At the same time,credit card companies have moved to cheaper, digital business processes that reduced their own costs and offered them a window to profit.

Under the new rule, the threshold will be reduced to $8.

'In our review, the CFPB found that this has turned into a massive loophole that has allowed companies to charge unjustifiably high fees ever since,' said Chopra.

'Almost all of the credit card giants have hiked their fees every year in lockstep, using inflation as an excuse,' he added.

Credit card companies charged more than $105 billion in revenues in 2022, according to consumer advocacy groupthe Consumer Federation of America

Adam Rust, director of financial services for the Consumer Federation of America - a non-profit that campaigns for the rights of consumers - spoke out in favor of the new limit.

'The CFPB's new rule prioritizes the needs of cash-strapped households ahead of big bank profiteering,' he said.

'It closes the loophole that permitted this form of price-gouging and injects fairness where it has been sorely needed,' he added.

The CFA also sought to debunk a number of claims made by critics of the new rule, most notably the argument that eliminating the source of revenue for credit card issuers would harm consumers in the long run.

It also said that credit card benefits such as air miles or cashback, relished by many Americans, would remain unaffected by the cap.

These are generally offered to peiople with good credit records. Those with a poor credit scorerarely receive the same benefits, it said.

The consumer advocacy group also pointed to the overall health of the US credit card industry.

'Credit card companies charged more than $105 billion in revenues in 2022 and with increases in interest rates and outstanding balances since then, their revenues are likely to be higher regardless of how much they can charge for a missed payment,' it said.

Last month Capital One said it would buy Discover for $35 billion - a deal that would bring together two of the nation's largest credit card companies

The growth of the credit card industry is partly whyCapital One announced it would buy Discover Financiallast month for $35 billion.

The two companies, which are two of the largest credit card issuers, are also two companies whose customers regularly carry a balance on their accounts.

The war on credit card late fees is part of a broader agenda by the Biden administration to eliminate 'junk fees' incurred by US consumers in various industries.

The White House Council of Economic Advisers produced an analysis indicating that the Biden administration's efforts will eliminate $20 billion in annual junk fees.

The analysis found that consumers pay about $90 billion a year in junk fees, on things like concerts, apartment rentals and bank accounts.

Credit card late fees to be capped at $8 - but not at every bank (2024)

FAQs

Is there a limit on credit card late fees? ›

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 would the cap for late fees be under the CFPB rule? ›

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.

What is the new late fee regulation? ›

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 new law for credit card fees? ›

Under the new regulations, credit card issuers, including Bank of America, Capital One, Citibank and JPMorgan Chase, cannot charge more than $8 for a late payment unless they can explicitly point to data showing they must impose higher fees to make up for losses.

Can you argue a credit card late fee? ›

Many people don't realize that they can appeal a credit card late fee — especially if it's their first late payment. 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.

Can a credit card company waive late fees? ›

The stronger your on-time payment history is, the more likely your credit card company will waive the late fee. Lenders will be less flexible with cardholders with a history of missing monthly payments. Credit card companies won't make a habit of waiving late fees, and you shouldn't expect them to do so more than once.

What is the safe harbor for credit card late fees? ›

The CFPB then establishes a new safe harbor of $8 applicable to late fees charged by Larger Card Issuers. Separately, at this time and as described below, the CFPB is not exercising its discretionary authority to impose the new $8 threshold amount on Smaller Card Issuers.

What are the new credit card laws for 2024? ›

Consumer Financial Protection Bureau Releases Final Rule on Credit Card Late Fees, with Overdraft Fees on Deck. On March 5, 2024, the Consumer Financial Protection Bureau (Bureau) announced the final rule governing late fees for consumer credit card payments, likely cutting the average fee from $32 to just $8.

How much is Capital One late fee? ›

The Capital One credit card late fee is up to $40. Capital One considers a payment late when they do not receive the minimum amount due by the due date. Payments less than the minimum due, or those returned for insufficient funds after the due date, are also considered late.

What is the new rule for credit card? ›

Card-issuers do not follow a standard billing cycle for all credit cards issued. In order to provide flexibility in this regard, cardholders shall be provided option to modify the billing cycle of the credit card at least once, as per the cardholders' convenience.

What is the new credit card act? ›

The Credit Card Competition Act of 2023 is pitting retailers against banks. Proponents say it'll benefit merchants by lowering some of their operating costs, enabling them to reduce prices.

What is the 5 24 rule on credit cards? ›

The 5/24 rule is an unofficial policy that dictates that Chase won't approve you for its cards if you've opened five or more personal credit card accounts from any issuer in the last 24 months. Put simply, the number of cards you've opened in the previous two years will affect your approval odds with Chase.

How much can I charge for late fees? ›

Late fees usually range from 1% to 2% monthly interest rate, so staying near that range is the most reasonable approach.

What is the penalty for 1 day late credit card payment? ›

As per the mandate by the Reserve Bank of India, credit card issuers can charge a penalty only after three days past the due date. So, if you are 1 day late on paying your credit card bill, the card issuer will mark your bill as 'past due. ' However, they will not add late charges.

What happens if you pay your credit card a few hours late? ›

Unfortunately, a missed credit card payment can come with expensive consequences. The impact of a late payment depends on how late that payment is and the terms of your credit card. You may incur a late payment fee, penalty interest rate and risk damage to your credit score.

What happens if you are 180+ days late for a credit card payment? ›

Your account could be charged off.

When a credit card account goes 180 days past due, the credit card issuer must close and charge off the account. This means the account is written off as a loss to the company.

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