Case: Chamber of Commerce of the United States of America v. Consumer Financial Protection Bureau

4:24-cv-00213 | U.S. District Court for the Northern District of Texas

Filed Date: March 7, 2024

Closed Date: April 15, 2025

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Case Summary

On March 7, 2024, six business organizations including the U.S. Chamber of Commerce and the American Bankers Association filed suit in the U.S. District Court for the Northern District of Texas. The plaintiffs challenged a new rule issued by the Consumer Financial Protection Bureau (CFPB) known as the Credit Card Penalty Fees Rule, which amended Regulation Z under the Truth in Lending Act (TILA) and the Credit Card Accountability Responsibility and Disclosure Act (CARD). According to the plaintiffs, this stood to impose significant financial and administrative burdens on credit card issuers nationwide. The plaintiffs, represented by attorneys from Jones Day and the U.S. Chamber Litigation Center, sued CFPB Director Rohit Chopra and the Bureau itself, arguing that the rule was both unlawful and unconstitutional.

Plaintiffs contended that the agency’s decision-making process was arbitrary and unsupported by the record. WL 5689412. They argued that the CFPB ignored evidence showing that late fees serve an important deterrent function and that the Bureau’s economic analysis failed to account for issuers’ actual costs in processing late payments. In addition to their statutory claims, the plaintiffs asserted that the rule was “contrary to law” because the CARD Act requires that any late fee be “reasonable and proportional” to the cost incurred by the creditor, not a one-size-fits-all cap detached from actual experience. Finally, the complaint incorporated a constitutional claim based on the CFPB’s funding structure. Relying on the Fifth Circuit’s then-controlling decision in CFPB v. Community Financial Services Association of America, 51 F.4th 616 (5th Cir. 2022), the plaintiffs argued that because the CFPB draws its funding directly from the Federal Reserve without annual congressional appropriations, any rules promulgated under that funding scheme were unconstitutional and void. Id.

The plaintiffs asked the court to declare the rule unlawful, vacate it under the APA, and issue a preliminary and permanent injunction preventing the CFPB from enforcing it. The case was initially assigned to Judge Reed O’Connor and later reassigned to Judge Mark T. Pittman.

On March 21, 2024, the CFPB filed a motion to transfer venue to the District of Columbia, contending that the agency’s headquarters, records, and key personnel were located there. The plaintiffs opposed transfer on March 25, emphasizing that multiple plaintiff chambers were based in Texas and that the rule’s economic effects would be felt within the state. On March 25, 2024, before the district court had ruled on their motion for preliminary injunction, the plaintiffs filed a notice of interlocutory appeal in the Fifth Circuit, arguing that the court’s delay amounted to an “effective denial” of emergency relief. Three days later, on March 28, 2024, Judge Pittman granted the government’s motion to transfer the case to the U.S. District Court for the District of Columbia, reasoning that D.C. was a more appropriate forum for challenges to nationwide rulemakings. WL 1329959. The D.C. court opened the matter as 1:24-cv-00915 before Judge Amy Berman Jackson.

The plaintiffs immediately sought emergency relief from the Fifth Circuit, filing a petition for a writ of mandamus captioned In re Fort Worth Chamber of Commerce, No. 24-10266. On April 5, 2024, the Fifth Circuit granted the petition. Writing for a unanimous panel, Judge Don Willett held that the district court had lacked jurisdiction to transfer the case once the interlocutory appeal had been filed. The panel vacated the transfer order and directed the district court to reopen the case and notify the D.C. court that the transfer was “without jurisdiction and should be disregarded.” WL 1483817.

Following that order, Judge Pittman reopened the case on April 8, 2024, and transmitted notice to the D.C. court. Two days later, Judge Jackson issued a brief order terminating the D.C. case, acknowledging that the Fifth Circuit had ruled the transfer improper. Meanwhile, the Fifth Circuit continued to oversee the interlocutory appeal, docketed as Chamber of Commerce v. CFPB, No. 24-10248. On April 30, 2024, the court issued a limited remand, vacating what it called the district court’s “effective denial” of the preliminary injunction and instructing Judge Pittman to rule on the motion by May 10, 2024.

On May 10, 2024, Judge Pittman complied, issuing a Memorandum Opinion and Order granting a preliminary injunction and staying the CFPB’s rule nationwide. He found that the plaintiffs were likely to succeed on the merits because the Bureau had failed to reasonably explain or support its $8 cap, ignored contrary evidence, and relied on a “deeply flawed” cost analysis. The court further held that plaintiffs faced irreparable harm if the rule took effect, and that the balance of equities favored maintaining the preexisting fee standards. WL 2310515. After the injunction was issued, the Fifth Circuit dismissed the interlocutory appeal as moot and, at the Bureau’s request, issued its mandate forthwith on May 24, 2024.

Just four days later, on May 28, 2024, the CFPB once again moved to transfer the case to the District of Columbia, and Judge Pittman granted the motion the same day. WL 2724181. The plaintiffs filed an emergency motion in the Fifth Circuit, which immediately stayed the transfer on May 29, 2024.

On June 20, 2024, the Fifth Circuit granted a second writ of mandamus in In re Chamber of Commerce, No. 24-10463. The panel held that Judge Pittman’s May 28 transfer order “clearly abused [his] discretion” by misapplying § 1404(a). The court found two principal errors: (1) the district court improperly relied on the location of counsel as a practical factor favoring D.C., even though Fifth Circuit precedent deems that “irrelevant and improper”; and (2) it misapplied the “localized interest” factor, erroneously treating D.C. residents as having a greater stake in a nationwide rule affecting consumers everywhere. The panel concluded that only court congestion arguably favored transfer, which “cannot justify” moving venue. It therefore granted mandamus and directed the district court to vacate its transfer order, keeping the case in the Northern District of Texas. 2024 WL 3042100.

Following that decision, the case was once again reopened in Texas on July 16, 2024. WL 5052377.

After the case returned to Judge Pittman, the CFPB filed motions to dissolve the preliminary injunction and to dismiss one of the local plaintiffs, the Fort Worth Chamber of Commerce, for lack of standing. The court denied both motions on December 6, 2024, finding that the plaintiffs continued to face concrete harm and that no changed circumstances justified lifting the injunction. WL 5012061.

The plaintiffs then moved for summary judgment on February 20, 2025, asserting that the CFPB’s Credit Card Penalty Fees Rule violated multiple provisions of the APA and the CARD Act. Before briefing concluded, the parties entered into settlement discussions and reached a negotiated resolution.

On April 14, 2025, the parties jointly moved for entry of a consent judgment, agreeing that the rule was unlawful under the CARD Act and APA § 706(2) because it failed to ensure that late fees were “reasonable and proportional to the omission or violation” as required by 15 U.S.C. § 1665d(a). The motion requested that the court vacate the rule and dismiss all other counts with prejudice, while leaving open the possibility of future challenges to other CFPB actions.

On April 15, 2025, Judge Pittman granted the joint motion and entered final judgment under Rule 58(a), vacating the rule in full and dismissing all remaining claims with prejudice. 2025 WL 1110761. The judgment permanently prevented the CFPB from implementing its $8 late-fee cap and left in place the prior safe-harbor limits for credit-card late fees. No appeal followed, concluding the litigation.

Summary Authors

Jack Buckfire (12/14/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68319595/parties/chamber-of-commerce-of-the-united-states-of-america-v-consumer-financial/

Judge(s)

Attorney for Plaintiff

Attorney, Tor Tarantola,

Carson, Timothy Derek (Texas)

Dickey, Jennifer B (Texas)

Doersam, Andrew Raymond (Texas)

Attorney for Defendant

Bateman, Kristin (Texas)

Expert/Monitor/Master/Other

Judge(s)

Jackson, Amy Berman (District of Columbia)

Pittman, Mark Timothy (Texas)

Attorney for Plaintiff

Attorney, Tor Tarantola,

Carson, Timothy Derek (Texas)

Dickey, Jennifer B (Texas)

Doersam, Andrew Raymond (Texas)

Esq., Tara S.

Monaghan, Maria C (Texas)

Murray, Michael (Texas)

Pinder, Thomas J (Texas)

Tarantola, Tor (Texas)

Vickers, Philip A (Texas)

York, Benton (Texas)

Attorney for Defendant

Bateman, Kristin (Texas)

Frisone, Joseph (Texas)

Garlock, Stephanie (Texas)

Sandberg, Justin Michael (Texas)

Other

Evans, David Lattimore (Texas)

Faircloth, Zachary (Texas)

Hubbard, Bradley G (Texas)

Scalia, Eugene (Texas)

Spencer, Jacob T. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:24-cv-00213	Complaint	March 7, 2024	March 7, 2024 Complaint
4 4:24-cv-00213	Brief in Support of Plaintiffs' Motion for Preliminary Injunction	March 7, 2024	March 7, 2024 Pleading / Motion / Brief
23 4:24-cv-00213	Brief in Support of Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction	March 12, 2024	March 12, 2024 Pleading / Motion / Brief
55 4:24-cv-00213	Plaintiffs' Supplemental Brief on Venue and Response to Defendants' Motion to Transfer Venue	March 25, 2024	March 25, 2024 Pleading / Motion / Brief
57 4:24-cv-00213	Plaintiffs' Notice of Appeal	March 25, 2024	March 25, 2024 Pleading / Motion / Brief
58 4:24-cv-00213	[Untitled] U.S. Court of Appeals for the Fifth Circuit	March 25, 2024	March 25, 2024 Other
5 24-10266	Emergency Petition for Writ of Mandamus and Administrative Stay U.S. Court of Appeals for the Fifth Circuit	March 29, 2024	March 29, 2024 Pleading / Motion / Brief
23 24-10266	Respondents' Opposition to Emergency Petition for Writ of Mandamus U.S. Court of Appeals for the Fifth Circuit	April 2, 2024	April 2, 2024 Pleading / Motion / Brief
69 4:24-cv-00213	Unpublished Order U.S. Court of Appeals for the Fifth Circuit	April 2, 2024	April 2, 2024 Order/Opinion
89-1 24-10266	Appeal from the United States District Court for the Northern District of Texas U.S. Court of Appeals for the Fifth Circuit	May 3, 2024	May 3, 2024 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68319595/chamber-of-commerce-of-the-united-states-of-america-v-consumer-financial/

Last updated July 22, 2026, 3:55 a.m.

Change selected docket

ECF Number	Date	Description	Link
1	March 7, 2024	COMPLAINT against Rohit Chopra, Consumer Financial Protection Bureau filed by Longview Chamber of Commerce, Texas Association of Business, Fort Worth Chamber of Commerce, Chamber of Commerce of the United States of America, American Bankers Association, Consumer Bankers Association. (Filing fee $405; Receipt number ATXNDC-14448397) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Carson, Timothy) (Entered: 03/07/2024) 1 Cover Sheet View on PACER	Clearinghouse
2	March 7, 2024	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business. (Clerk QC note: No affiliate entered in ECF). (Carson, Timothy) (Entered: 03/07/2024)	RECAP
3	March 7, 2024	MOTION for Injunction (Preliminary Injunction) filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Carson, Timothy) (Entered: 03/07/2024)	RECAP
4	March 7, 2024	Brief/Memorandum in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 3 MOTION for Injunction (Preliminary Injunction) (Carson, Timothy) (Entered: 03/07/2024)	Clearinghouse
5	March 7, 2024	Appendix in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 3 MOTION for Injunction (Preliminary Injunction) (Carson, Timothy) (Entered: 03/07/2024)	RECAP
6	March 7, 2024	Emergency MOTION to Expedite Briefing Schedule on Motion for Preliminary Injunction filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Carson, Timothy) (Entered: 03/07/2024)	RECAP
7	March 7, 2024	New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) (Entered: 03/07/2024)	RECAP
8	March 7, 2024	Summons issued as to Rohit Chopra, Consumer Financial Protection Bureau, U.S. Attorney, and U.S. Attorney General. (bdb) (Entered: 03/07/2024)	RECAP
9	March 7, 2024	ORDER FOR REASSIGNMENT: The undersigned judge, having taken senior status, desires to have this case re-assigned to an active-status judge. The clerk of the Court is therefore DIRECTED to re-assign this case by random draw to another judge. Case reassigned to Judge Reed C. O'Connor for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 3/7/2024) (saw) (Entered: 03/07/2024)	RECAP
10	March 7, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jennifer Dickey (Filing fee $100; Receipt number ATXNDC-14449918) filed by Chamber of Commerce of the United States of America (Carson, Timothy) (Entered: 03/07/2024)	RECAP
11	March 7, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Maria Monaghan (Filing fee $100; Receipt number ATXNDC-14450068) filed by Chamber of Commerce of the United States of America (Carson, Timothy) (Entered: 03/07/2024)	RECAP
12	March 7, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Thomas Pinder (Filing fee $100; Receipt number ATXNDC-14450075) filed by American Bankers Association (Carson, Timothy) (Entered: 03/07/2024)	RECAP
13	March 7, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew Doersam (Filing fee $100; Receipt number ATXNDC-14450098) filed by American Bankers Association (Carson, Timothy) (Entered: 03/07/2024)	RECAP
14	March 7, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number BTXNDC-14450225) filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Attachments: # 1 Additional Page(s))Attorney Michael Murray added to party American Bankers Association(pty:pla) (Murray, Michael) (Entered: 03/07/2024)	RECAP
15	March 8, 2024	ORDER: Before the Court are Plaintiffs' Motion for Preliminary Injunction (ECF No. 3 ) and Plaintiffs' Emergency Motion for Expedited Briefing (ECF No. 6 ). The Court finds good cause to expedite the briefing schedule on the requested preliminary injunction. The Court ORDERS Defendants to file a response by March 12, 2024. Plaintiffs may file a reply by March 14, 2024. The Court further ORDERS Plaintiffs to immediately deliver a copy of this Order to Defendants and file a notice on the docket by March 8, 2024 confirming delivery was made. (Ordered by Judge Reed C. O'Connor on 3/8/2024) (saw) (Entered: 03/08/2024)	RECAP
16	March 8, 2024	NOTICE of Delivery of Order re: 15 Order Setting Deadline/Hearing,, filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Vickers, Philip) (Entered: 03/08/2024)	RECAP
17	March 9, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Tor Tarantola (Filing fee $100; Receipt number ATXNDC-14453352) filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Carson, Timothy) (Entered: 03/09/2024)	RECAP
18	March 12, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Rohit Chopra, Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Garlock, Stephanie) (Entered: 03/12/2024)	RECAP
19	March 12, 2024	MOTION for Waiver of the Local Counsel Requirement filed by Rohit Chopra, Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Garlock, Stephanie) (Entered: 03/12/2024)	RECAP
20	March 12, 2024	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rohit Chopra, Consumer Financial Protection Bureau. (Clerk QC note: No affiliate entered in ECF). (Garlock, Stephanie) (Entered: 03/12/2024)	RECAP
21	March 12, 2024	MOTION for Leave to File Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed by Bank Policy Institute (Attachments: # 1 Brief Amicus Curiae, # 2 Proposed Order). Party Bank Policy Institute added. (Hubbard, Bradley) (Entered: 03/12/2024)	RECAP
22	March 12, 2024	RESPONSE filed by Rohit Chopra, Consumer Financial Protection Bureau re: 3 MOTION for Injunction (Preliminary Injunction) (Garlock, Stephanie) (Entered: 03/12/2024)	RECAP
23	March 12, 2024	Brief/Memorandum in Support filed by Rohit Chopra, Consumer Financial Protection Bureau re 22 Response/Objection to Motion for Preliminary Injunction (Garlock, Stephanie) (Entered: 03/12/2024)	Clearinghouse
24	March 13, 2024	ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Jennifer Dickey. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
25	March 13, 2024	ELECTRONIC ORDER granting 17 Application for Admission Pro Hac Vice of Tor Tarantola. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
26	March 13, 2024	ELECTRONIC ORDER granting 18 Application for Admission Pro Hac Vice of Stephanie Garlock. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
27	March 13, 2024	ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Maria Monaghan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
28	March 13, 2024	ELECTRONIC ORDER granting 12 Application for Admission Pro Hac Vice of Thomas Pinder. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
29	March 13, 2024	ELECTRONIC ORDER granting 13 Application for Admission Pro Hac Vice of Andrew Doersam. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
30	March 13, 2024	ELECTRONIC ORDER granting 14 Application for Admission Pro Hac Vice of Michael Murray. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)	RECAP
31	March 13, 2024	ORDER: Before the Court is Bank Policy Institute's Motion to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction (ECF No. 21 ).The motion should be, and is hereby, GRANTED. Accordingly, the Clerk is DIRECTED to file Bank Policy Institute's Brief of Amicus Curiae (ECF No. 21 -2) as a separate docket entry as of the date of the Motion. (Ordered by Judge Reed C. O'Connor on 3/13/2024) (saw) (Entered: 03/13/2024)	RECAP
32	March 13, 2024	Brief Amicus Curiae of Bank Policy Institute In Support Of Plaintiffs' 13 Motion For Preliminary Injunction filed by Bank Policy Institute re 3 Motion for Injunction (Preliminary Injunction) (saw) (Entered: 03/13/2024)	RECAP
33	March 13, 2024	ORDER: Before the Court is Defendants' Unopposed Motion for Waiver of the Local Counsel Requirement (ECF No. 19 ). The Court GRANTS Defendants' motion and ORDERS that Defendants may proceed without local counsel. The Court further ORDERS Ms. Garlock and Mr. Sandberg to fulfill all local counsel requirements and abide by the Local Rules of this Court. (Ordered by Judge Reed C. O'Connor on 3/13/2024) (saw) (Entered: 03/13/2024)	RECAP
34	March 13, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14462886) filed by Bank Policy Institute (Scalia, Eugene) (Entered: 03/13/2024)	RECAP
35	March 13, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14462924) filed by Bank Policy Institute (Spencer, Jacob) (Entered: 03/13/2024)	RECAP
	March 13, 2024	Order on Application for Admission Pro Hac Vice
36	March 14, 2024	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rohit Chopra, Consumer Financial Protection Bureau. (Clerk QC note: Affiliate entry indicated). (Garlock, Stephanie) (Entered: 03/14/2024)	RECAP
37	March 14, 2024	ELECTRONIC ORDER granting 34 Application for Admission Pro Hac Vice of Eugene Scalia. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/14/2024) (chmb) (Entered: 03/14/2024)	RECAP
38	March 14, 2024	ELECTRONIC ORDER granting 35 Application for Admission Pro Hac Vice of Jacob T. Spencer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/14/2024) (chmb) Modified document relationship on 3/14/2024 (bdb). (Entered: 03/14/2024)	RECAP
39	March 14, 2024	Court Request for Recusal: Judge Reed C. O'Connor recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Mark Pittman for all further proceedings. Future filings should indicate the case number as: 4:24-cv-00213-P. (bcr) (Entered: 03/14/2024)	RECAP
40	March 14, 2024	New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bcr) (Entered: 03/14/2024)	RECAP
41	March 14, 2024	REPLY filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re: 3 MOTION for Injunction (Preliminary Injunction) (Carson, Timothy) (Entered: 03/14/2024)	RECAP
42	March 14, 2024	Unopposed MOTION for Leave to File a Supplemental Appendix in Support of Motion for Preliminary Injunction filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Attachments: # 1 Exhibit(s) Proposed Supplemental Appendix) (Carson, Timothy) (Entered: 03/14/2024)	RECAP
	March 14, 2024	Order on Application for Admission Pro Hac Vice
43	March 15, 2024	ORDER: Before the Court is Plaintiffs' Unopposed Motion for Leave to File Supplemental Appendix in Support of their Motion for Preliminary Injunction. ECF No. 42 . The Court hereby GRANTS the motion. The Clerk is INSTRUCTED to docket the attachment to the Motion (ECF No. 42 -1) as Plaintiffs' Supplemental Appendix in Support of their Motion for Preliminary Injunction. (Ordered by Judge Mark Pittman on 3/15/2024) (saw) (Entered: 03/15/2024)	RECAP
44	March 15, 2024	Plaintiffs' Supplemental Appendix in Support of their 3 Motion for Preliminary Injunction filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 3 MOTION for Injunction (Preliminary Injunction) (saw) (Entered: 03/15/2024)	RECAP
45	March 18, 2024	ORDER: The Court finds it necessary to ORDER expedited briefing regarding venue. (Ordered by Judge Mark Pittman on 3/18/2024)(See order for specifics.) (saw) (Entered: 03/18/2024)	RECAP
46	March 19, 2024	NOTICE of Intention to File Motion to Transfer re: 45 Order Setting Deadline/Hearing filed by Rohit Chopra, Consumer Financial Protection Bureau (Garlock, Stephanie) (Entered: 03/19/2024)	RECAP
47	March 19, 2024	MOTION to Expedite Consideration of Preliminary-Injunction Motion filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business Attorney Philip A Vickers added to party American Bankers Association(pty:pla) (Vickers, Philip) (Entered: 03/19/2024)	RECAP
48	March 19, 2024	Brief/Memorandum in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 47 MOTION to Expedite Consideration of Preliminary-Injunction Motion (Vickers, Philip) (Entered: 03/19/2024)	RECAP
49	March 19, 2024	Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Rohit Chopra, Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order)Attorney Justin Michael Sandberg added to party Rohit Chopra(pty:dft), Attorney Justin Michael Sandberg added to party Consumer Financial Protection Bureau(pty:dft) (Sandberg, Justin) (Entered: 03/19/2024)	RECAP
50	March 20, 2024	ELECTRONIC ORDER granting 49 Application for Admission Pro Hac Vice of Justin Michael Sandberg. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 3/20/2024) (jaf) (Entered: 03/20/2024)	RECAP
51	March 20, 2024	ORDER: Before the Court is Plaintiffs' Motion for Expedited Consideration of Plaintiffs' Preliminary Injunction Motion. ECF No. 47 . The Court determines that the Motion should be and hereby is DENIED. (Ordered by Judge Mark Pittman on 3/20/2024) (saw) (Main Document 51 replaced on 5/22/2024) (bdb). (Entered: 03/20/2024)	RECAP
	March 20, 2024	Order on Application for Admission Pro Hac Vice
52	March 21, 2024	MOTION to Transfer Case out of District/Division filed by Rohit Chopra, Consumer Financial Protection Bureau (Garlock, Stephanie) (Entered: 03/21/2024)	RECAP
53	March 21, 2024	Brief/Memorandum in Support filed by Rohit Chopra, Consumer Financial Protection Bureau re 52 MOTION to Transfer Case out of District/Division (Garlock, Stephanie) (Entered: 03/21/2024)	RECAP
54	March 21, 2024	Appendix in Support filed by Rohit Chopra, Consumer Financial Protection Bureau re 52 MOTION to Transfer Case out of District/Division (Garlock, Stephanie) (Entered: 03/21/2024)	RECAP
55	March 25, 2024	RESPONSE filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re: 52 MOTION to Transfer Case out of District/Division (Carson, Timothy) (Entered: 03/25/2024)	Clearinghouse
56	March 25, 2024	Appendix in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 55 Response/Objection, (Carson, Timothy) (Entered: 03/25/2024)	RECAP
57	March 25, 2024	NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business. Filing fee $605, receipt number ATXNDC-14487468. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Carson, Timothy) (Entered: 03/25/2024)	Clearinghouse
58	March 25, 2024	USCA Case Number 24-10248 in United States Court of Appeals 5th Circuit for 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. (tle) (Entered: 03/25/2024)	Clearinghouse
59	March 25, 2024	Unopposed MOTION for Leave to File Reply Brief In Support of Motion to Transfer filed by Rohit Chopra, Consumer Financial Protection Bureau with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Exhibit(s)) (Sandberg, Justin) (Entered: 03/25/2024)	RECAP
	March 25, 2024	Record on Appeal for USCA5 24-10248 (related to 57 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)
	March 25, 2024	APPEARANCE FORM FILED at USCA5 by Attorney(s) Jennifer B. Dickey for party(s) Appellant Chamber of Commerce for the United States of America, in case 24-10248. Access to the EROA has been granted. (tle)
	March 25, 2024	Notice (Other)
	March 25, 2024	Appeal Record Certified/Transmitted
60	March 26, 2024	ORDER: Before the Court is Defendants' unopposed Motion for Leave to File Reply (ECF No. 59 ). The Court GRANTS the Motion. The Clerk is INSTRUCTED to docket ECF No. 59 -2 as Defendants' Reply to Defendants' Motion to Transfer (ECF No. 52 ). (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)	RECAP
61	March 26, 2024	REPLY filed by Rohit Chopra, Consumer Financial Protection Bureau re: 52 Motion to Transfer Case out of District/Division (saw) (Entered: 03/26/2024)	RECAP
62	March 26, 2024	ORDER: Counsel must prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report") by April 2, 2024. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)	RECAP
63	March 26, 2024	ORDER: Before the Court is Plaintiffs' Motion for a Preliminary Injunction. ECF No. 3 . The Court hereby ORDERS that a hearing on Plaintiffs' Motion will be held at 9:00 a.m. on Tuesday, April 2, 2024, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)	RECAP
64	March 26, 2024	*STRICKEN AND UNFILED PER 65 ORDER* ORDER: The Court hereby REFERS this case for mediation and APPOINTS the Honorable David L. Evans as Mediator. The Parties shall mediate with Judge Evans on April 19, 2024, at the offices of Judge Evans. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) Modified on 3/26/2024 (saw). (Entered: 03/26/2024)	RECAP
65	March 26, 2024	ELECTRONIC ORDER: Having noticed a location conflict in its Order setting Mediation (ECF No. 64), the Court hereby INSTRUCTS the Clerk to STRIKE and UNFILE the Order setting Mediation (ECF No. 64). (Ordered by Judge Mark Pittman on 3/26/2024) (jaf) (Entered: 03/26/2024)	RECAP
66	March 26, 2024	ORDER: The Court hereby REFERS this case for mediation and APPOINTS the Honorable David L. Evans as Mediator. The Parties shall mediate, in-person, with Judge Evans on April 19, 2024, at the offices of Cantey Hanger LLP in Fort Worth. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)	RECAP
	March 26, 2024	Order
	March 26, 2024	APPEARANCE FORM FILED at USCA5 by Attorney Michael F. Murray for Appellant Chamber of Commerce for the United States of America in 24-10248, Attorney Michael F. Murray for Appellant Texas Association of Business in 24-10248, Attorney Michael F. Murray for Appellant Consumer Bankers Association in 24-10248, Attorney Michael F. Murray for Appellant American Bankers Association in 24-10248, Attorney Michael F. Murray for Appellant Longview Chamber of Commerce in 24-10248, Attorney Michael F. Murray for Appellant Fort Worth Chamber of Commerce in 24-10248. Access to the EROA has been granted. (tle)
	March 26, 2024	APPEARANCE FORM FILED at USCA5 by Attorney(s) Justin Michael Sandberg for party(s) Appellee CFPB Appellee Rohit Chopra, in case 24-10248. Access to the EROA has been granted. (tle)
	March 26, 2024	APPEARANCE FORM FILED at USCA5 by Attorney Timothy Derek Carson for Appellant Chamber of Commerce for the United States of America in 24-10248, by Attorney(s) Timothy Derek Carson for party(s) Appellant Texas Association of Business Appellant American Bankers Association Appellant Consumer Bankers Association Appellant Fort Worth Chamber of Commerce Appellant Longview Chamber of Commerce, in case 24-10248.Access to the EROA has been granted. (tle)
	March 26, 2024	Notice (Other)
67	March 28, 2024	OPINION & ORDER: Before the Court is Defendants' Motion to Transfer. ECF No. 52 . The Court finds the Motion should be and hereby is GRANTED. Accordingly, the Court TRANSFERS this case to the United States District Court for the District of Columbia ("D.D.C"). (Ordered by Judge Mark Pittman on 3/28/2024) (saw) (Entered: 03/28/2024)	RECAP
	March 28, 2024	APPEARANCE FORM FILED at USCA5 by Attorney Stephanie Garlock for Appellee Rohit Chopra in 24-10248, Attorney Stephanie Garlock for Appellee CFPB in 24-10248. Access to the EROA. (tle)
	March 28, 2024	Case Transferred Out - District Transfer.
	March 28, 2024	Interdistrict Transfer to United States District Court for the District of Columbia; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in United States District Court for the District of Columbia. (saw)
	March 28, 2024	Notice (Other)
68	March 29, 2024	ORDER of USCA No. 24-10248 as to 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that appellants motion for stay of the District Courts transfer order pending appeal is administratively stayed until 10:00 a.m. on March 30, 2024. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 03/29/2024) 1 USCA5 Cover Letter View on PACER	RECAP
	March 29, 2024	Case transferred from NDTX has been opened in District of Columbia as case number 1:24-cv-915. (bdb)
	March 29, 2024	Acknowledgment of Case Transfer
69	April 2, 2024	ORDER of USCA No. 24-10266 as to 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that the petition for writ of mandamus is expedited to the next oral argument panel to be heard with our case No. 24-10248, Chamber of Commerce v. CFPB. [3/30/2024] (Attachments: # 1 USCA5 Cover Letter) (tle) (Additional attachment(s) added on 4/2/2024: # 2 (EMERGENCY PETITION FOR WRIT OF MANDAMUS AND ADMINISTRATIVE STAY)) (tle). (Entered: 04/02/2024) 1 USCA5 Cover Letter View on PACER 2 (EMERGENCY PETITION FOR WRIT OF MANDAMUS AND ADMINISTRATIVE STAY) View on PACER	Clearinghouse
70	April 2, 2024	ORDER of USCA No. 24-10248 as to 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that the District Courts transfer order is administratively stayed until 5:00 PM on Tuesday, April 2, 2024. IT IS FURTHER ORDERED that this appeal and all pending motions are expedited to the next oral argument panel.[3/30/2024] (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 04/02/2024) 1 USCA5 Cover Letter View on PACER	RECAP
	April 3, 2024	APPEARANCE FORM FILED by Attorney(s) Joseph Frisone for party(s) Appellee CFPB Appellee Rohit Chopra, in case 24-10248. Access to the EROA has been granted. (tle)
	April 3, 2024	Notice (Other)
	April 4, 2024	Supplemental Record on Appeal for USCA5 24-10248 (related to 57 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)
	April 4, 2024	Appeal Record Certified/Transmitted
71	April 8, 2024	ORDER REOPENING CASE AND PROVIDING NOTICE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA: In accordance with the order and instructions of the United States Fifth Circuit Court of Appeals, the Court hereby ORDERS the Clerk of the Court to reopen this case. Further, the Court ORDERS the Clerk of the Court to provide a copy of this Order to the United States District Court for the District of Columbia. (Ordered by Judge Mark Pittman on 4/8/2024) (saw) (Entered: 04/08/2024)	RECAP
72	April 8, 2024	Opinion of USCA No. 24-10266 In re: Chamber of Commerce in accordance with USCA judgment re 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that the administrative stay of the transfer order previously extended by this panel on April 2, 2024, is DISSOLVED. The district courts transfer order is VACATED. The petition for a writ of mandamus is GRANTED. The district court is ORDERED to reopen the case and to give notice to D.D.C. that its transfer was without jurisdiction and should be disregarded. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 04/08/2024) 1 USCA5 Cover Letter View on PACER	RECAP
	April 8, 2024	APPEARANCE FORM FILED by Attorney(s) Tor Tarantola for party(s) Appellant Texas Association of Business Appellant American Bankers Association Appellant Consumer Bankers Association Appellant Fort Worth Chamber of Commerce Appellant Chamber of Commerce for the United States of America Appellant Longview Chamber of Commerce, in case 24-10248. Access to the EROA has been granted. (tle)
	April 8, 2024	Notice (Other)
73	April 9, 2024	ORDER: This case is currently scheduled for mediation with the Honorable David L. Evans on April 19, 2024. See ECF No. 66 . To prevent unnecessary expense to the Parties in this case, the Court ORDERS that the mediation scheduled for April 19, 2024, be CANCELLED until further notice by the Court. (Ordered by Judge Mark Pittman on 4/9/2024) (saw) (Entered: 04/09/2024)	RECAP
	April 10, 2024	APPEARANCE FORM FILED at USCA5 by Attorney(s) Thomas Pinder for party(s) Appellant American Bankers Association, in case 24-10248. Access to the EROA has been granted. (tle)
	April 10, 2024	APPEARANCE FORM FILED at USCA5 by Attorney(s) Andrew Doersam for party(s) Appellant American Bankers Association, in case 24-10248. Access to the EROA has been granted. (tle)
	April 10, 2024	Notice (Other)

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Case Details

State / Territory:

Texas

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Deregulation

Key Dates

Filing Date: March 7, 2024

Closing Date: April 15, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are six trade and business associations—including the U.S. Chamber of Commerce, the American Bankers Association, the Consumer Bankers Association, and several Texas chambers of commerce—representing financial institutions and employers subject to the CFPB’s Credit Card Penalty Fees Rule.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Consumer Financial Protection Bureau (CFPB)

Rohit Chopra

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Spending/Appropriations Clauses

Other Dockets:

Northern District of Texas 4:24-cv-00213

U.S. Court of Appeals for the Fifth Circuit 24-10248

District of District of Columbia 1:24-cv-00915

U.S. Court of Appeals for the Fifth Circuit 24-10266

U.S. Court of Appeals for the Fifth Circuit 24-10463

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

National / Universal injunction

Preliminary relief denied

Issues

General/Misc.:

Other Banking

Recommended Citation

Case Summary of Chamber of Commerce of the United States of America v. Consumer Financial Protection Bureau, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46992/ (last updated 12/14/2025).