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How to avoid credit card late fees after a court threw out a proposed cap

[April 28, 2025] By CORA LEWIS

NEW YORK (AP) — A Texas judge earlier this month threw out a federal rule that would have capped credit card late fees at $8.

The Consumer Finance Protection Bureau finalized the rule last year as part of the Biden administration's efforts to do away with what it called junk fees. It was paused by the courts before it could take effect.

At the time, the CFPB estimated that American families would have saved more than $10 billion in late fees annually had the fees been capped at $8, significantly less than the $32 average.

Banks and industry groups argued that the rule didn't allow card issuers to charge fees high enough to deter late payments and discourage repeat violations.

The Texas judge's ruling earlier this month came a day after a collection of major industry groups and the CFPB under President Donald Trump announced that they had reached an agreement to throw out the rule.

Here's what to know about credit card late fees:

What is the average credit card late fee?

The average late fee for major issuers has steadily ticked up since the 2010s, going from $23 at the end of 2010 to $32 in 2022, according to the CFPB. WalletHub, which tracks financial data, found the average late fee in 2025 to be $30.50, with the maximum $41.

A September 2023 Consumer Reports study estimated that 1 in 5 American adults, or about 52 million people, paid a credit card late fee in the previous year. People with lower incomes pay proportionately bigger fees, according to the CFPB, with the highest burden falling on communities of color and those living paycheck to paycheck.

How can consumers avoid the fees?

Enrolling in auto-pay for your credit cards can help you avoid making late payments, and there are some credit cards that don't charge late fees at all (though it's important to note that these cards may have other fee or penalty structures, or higher interest rates.)

Citi Simplicity and the Apple card do not currently charge late fees, and Discover offers a card that will automatically waive the first late fee.

It's also possible to appeal credit card late fees charged by your credit card company by calling them directly. The companies will often reverse the fees, especially if it's your first late payment.

You may also want to consider making payments on your credit card balances during the month. That means you'll have paid more of the balance by the time the amount comes due, and keeping your balance low relative to your credit limit can improve your credit score.

If you're having trouble making ends meet, you can ask your credit issuers about hardship programs. These are typically available to people affected by job loss, illness or medical conditions, natural disasters, or other emergencies.

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Several VISA and MASTER credit cards are shown in Buffalo Grove, Ill., Thursday, Feb. 8, 2024. (AP Photo/Nam Y. Huh, File)

What was the CFPB credit card late fee cap rule about?

Concerned that credit card companies were building a business model based on high penalties, Congress passed the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), which banned the companies from charging excessive late fees and established clearer disclosures and consumer protections.

In 2010, the Federal Reserve Board of Governors voted to issue a regulation implementing the CARD Act, which said that banks could only charge fees to recover costs associated with late payment.

However, the rule included an “immunity provision” that let some banks charge $25 for the first late payment and $35 for subsequent late payments, adjusted for inflation each year. Those amounts subsequently grew to $30 and $41.

After a review of market data, the CFPB finalized a rule that would have capped late fees at $8 and ended automatic inflation adjustments. Based on records analyzed by the CFPB, a late fee of $8 would be sufficient for card issuers, on average, to cover collection costs incurred as a result of late payments.

How have banking groups responded to the court decision?

Industry groups, including the Consumer Bankers Association, American Bankers Association, the U.S. Chamber of Commerce, and others, said they welcomed the court's decision eliminating the cap.

The groups said that the rule would have led to higher interest rates and reduced credit access for card holders. The groups also said the rule would have “reduced important incentives for consumers to manage their finances.”

The CFPB has estimated that banks bring in roughly $14 billion in credit card late fees a year.

How have consumer advocates responded?

Horacio Méndez, president and CEO of Woodstock Institute, an organization for advancing economic equity, called the ruling a “devastating blow.”

“By tossing out the CFPB’s common-sense rule to cap these predatory late fees — some as high as $41 — a federal judge is putting corporations over the lives of everyday consumers," he said. “The CFPB’s rule was borne out of clear evidence: the credit card industry was using inflated late fees as a profit engine, forcing families with the least financial cushion to pay.”

Méndez said that while consumers have come to expect fees for services, those fees needn't be punitive to be effective.

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