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Litigation Tracker

A tracker providing recent updates and pertinent documents in ABA's litigation matters.

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Date of ActionLitigation TitleIssueCo-PlaintiffsCourtCurrent Status

August 26, 2024

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

Southern District Court of Texas denied ABA’s motion for summary judgment.

August 21, 2024

Illinois Bankers Association, et al. v. Kwame Raoul in his official capacity as Illinois Attorney General

Illinois Interchange Fee Prohibition Act

Illinois Bankers Association,America’s Credit Unions.Illinois Credit Union League

United States District Court Northern District of Illinois

ABA and co-plaintiffs filed motion for preliminary injunction to block Illinois Interchange Law.

August 15, 2024

Illinois Bankers Association, et al. v. Kwame Raoul in his official capacity as Illinois Attorney General

Illinois Interchange Fee Prohibition Act

Illinois Bankers Association,America’s Credit Unions, Illinois Credit Union League

United States District Court Northern District of Illinois

ABA and co-plaintiffs sued Kwame Raoul in his official capacity as the attorney general of Illinois, challenging the Illinois Interchange Prohibition Act

August 12, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA and co-plaintiffs filed brief opposing CFPB’s motion to dismiss.

August 8, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA and co-plaintiffs filed brief in opposition of CFPB’s motion to dissolve the preliminary injunction and lift the stay of the final rule.

June 18, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

Fifth Circuit grants ABA and co-plaintiffs mandamus and vacates transfer order for second time.

June 11, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

ABA files reply brief in support of emergency petition for writ of mandamus and administrative stay of transfer.

May 29, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

Fifth Circuit grants administrative stay of Northern District Court of Texas’ transfer order.

May 28, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

ABA and co-plaintiffs filed emergency petition for writ of mandamus and administrative stay of transfer.

May 28, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

Northern District Court of Texas transfers case to United State District Court for the District of Columbia for the second time.

May 10, 2024

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

ABA and co-plaintiffs filed reply brief in support of motion for summary judgment.

May 10, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

Northern District Court of Texas grants preliminary injunction pausing late fee final rule.

May 3, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

Fifth Circuit denies CFPB’s petition for rehearing on vacating transfer order.

April 17, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

The Committee on Codes of Conduct of the Judicial Conference of the United States unanimously decided Judge Willett’s recusal was not automatically required.

April 8, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

Judge Mark Pittman re-opened case in Northern District of Texas.

March 29, 2024

Texas Bankers Association et al. v. Office of the Comptroller of the Currency et al.

Community Reinvestment Act

Texas Bankers Association,Amarillo Chamber of Commerce

United States District Court for The Northern District of Texas

Northern District Court of Texas grants preliminary injunction pausing CRA final rule implementation

March 25, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States Court of Appeals for the Fifth Circuit

ABA filed motion for injunction pending appeal and administrative stay.

March 25, 2024

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA filed response to CFPB’s motion to transfer venue.

March 19, 2024

Chamber of Commerce of the United States of America et al. v.Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA filed motion brief in support of motion for expedited consideration of preliminary injunction.

March 14, 2024

Chamber of Commerce of the United States of America et al. v.Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA filed reply brief in support of motion for preliminary injunction.

March 7, 2024

Chamber of Commerce of the United States of America et al. v.Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA and co-plaintiffs filed for motion for a preliminary injunction to pause implementation of CFPB’s late fee final rule.

March 7, 2024

Chamber of Commerce of the United States of America et al. v.Consumer Financial Protection Bureau

Late Fee Final Rule

Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Consumer Bankers Association, Texas Association of Business

United States District Court for the Northern District of Texas

ABA and co-plaintiffs sued CFPB in Fort Worth federal court (Northern District of Texas) challenging its late fee final rule.

March 1, 2024

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

ABA and co-plaintiffs filed motion for summary judgment in Section 1071 lawsuit.

February 9, 2024

Texas Bankers Association et al. v. Office of the Comptroller of the Currency et al.

Community Reinvestment Act

Texas Bankers Association,Amarillo Chamber of Commerce

United States District Court for The Northern District of Texas

ABA and co-plaintiffs filed motion for preliminary injunction to pause CRA final rule implementation.

February 5, 2024

Texas Bankers Association et al. v. Office of the Comptroller of the Currency et al.

Community Reinvestment Act

Texas Bankers Association,Amarillo Chamber of Commerce

United States District Court for The Northern District of Texas

ABA and co-plaintiffs sued to overturn community lending rules.

September 8, 2023

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

UDAAP Manual

Chamber of Commerce of the United States of America, Longview Chamber of Commerce, Consumer Bankers Association, Independent Bankers Association of Texas, Texas Association of Business, and Texas Bankers Association

United States District Court Eastern District of Texas

Eastern District of Texas granted ABA and its co-plaintiffs’ motion for summary judgment in the lawsuit challenging CFPB’s update to the UDAAP portion of its Supervision and Examination Manual.

July 31, 2023

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

Southern District Court of Texas grants preliminary injunction halting CFPB Section 1071 final rule for ABA, TBA members

June 23, 2023

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

ABA and co-plaintiffs filed reply brief in support of motion for preliminary injunction.

May 26, 2023

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

ABA and co-plaintiffs filed motion for preliminary injunction to pause implementation of Section 1071 final rule.

May 13, 2023

Texas Bankers Association et al. v. Consumer Financial Protection Bureau, et al.

Section 1071

Texas Bankers Association, Rio Bank, Texas First Bank, Independent Bankers Association of Texas, Independent Community Bankers of America

United States District Court Southern District of Texas

ABA joined 1071 lawsuit to block the CFPB from implementing its 1071 final rule.

January 10, 2023

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

UDAAP Manual

Chamber of Commerce of the United States of America, Longview Chamber of Commerce, Consumer Bankers Association, Independent Bankers Association of Texas, Texas Association of Business, and Texas Bankers Association

United States District Court Eastern District of Texas

ABA and co-plaintiffs filed combined reply brief in support of motion for summary judgment, opposition to CFPB’s motion to dismiss, and opposition to CFPB’s cross-motion for summary judgment.

November 29, 2022

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

UDAAP Manual

Chamber of Commerce of the United States of America, Longview Chamber of Commerce, Consumer Bankers Association, Independent Bankers Association of Texas, Texas Association of Business, and Texas Bankers Association

United States District Court Eastern District of Texas

ABA and co-plaintiffs filed motion for summary judgment.

September 28, 2022

Chamber of Commerce of the United States of America et al. v. Consumer Financial Protection Bureau

UDAAP Manual

Chamber of Commerce of the United States of America, Longview Chamber of Commerce, Consumer Bankers Association, Independent Bankers Association of Texas, Texas Association of Business, and Texas Bankers Association

United States District Court Eastern District of Texas

ABA and co-plaintiffs sued CFPB and Director Rohit Chopra in the Eastern District of Texas, urging the court vacate CFPB’s UDAAP manual update and enjoin CFPB from conducting any examinations or enforcement actions based on it.