CFPB files motion to stay overdraft rule

The CFPB Thursday filed a motion to stay proceedings related to the bureau’s final overdraft rule, noting the new leadership of Acting Director Scott Bessent and time needed to review the rule, litigation, and other considerations.

Should the motion be granted, the effective date would be delayed until Dec. 30, 2025, and the litigation stayed for 90 days, including the bureau’s deadline of Feb. 11 to respond to the complaint filed by America’s Credit Unions and other financial trade associations. The plaintiffs agreed to the request to delay.

The CFPB finalized its rule—capping overdraft fees at $5 for institutions over $10 billion in assets in December 2024, and America’s Credit Unions filed its challenge the same day. America’s Credit Unions and the other plaintiffs are seeking a preliminary injunction halting implementation of the rule. Recently, 18 state leagues and associations filed an amicus brief in the U.S. District Court for the Southern District of Mississippi in support of America’s Credit Unions’ challenge.

In addition, the bureau filed a similar motion to stay its medical debt rule and the litigation challenging that rule. The CFPB last month finalized the rule to prohibit creditors from using medical debt information in credit eligibility determinations and consumer reporting agencies from including medical debt in reports to creditors making credit determinations. The Cornerstone Credit Union League and Consumer Data Industry Association filed a challenge to the rule the same day it was issued.

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