FORT WORTH, Texas–In what has become a case of legal déjà vu, a lawsuit over the CFPB’s credit card late fee cap in a Texas court that was just transferred back to a Washington, D.C., court, is staying put, at least temporarily. This marks the second time the same events have occurred.
As CUToday.info reported here, this week U.S. District Judge Mark Pittman had transferred the lawsuit out of his courthouse after a federal appeals court that had previously prevented him from doing so relinquished jurisdiction over the suit, according to Reuters. Pittman had earlier issued an injunction against the rule, which has placed it on hold.
But in response to an emergency petition for writ of mandamus and administrative stay of transfer filed by the U.S. Chamber, which is the plaintiff in the case, the Fifth Circuit Court of Appeals stayed Pittman’s order.
What Emergency Petition Seeks
The emergency petition seeks mandamus relief “to prevent a legally erroneous transfer to the District of Columbia that would delay the resolution of this challenge and deprive Petitioners of their choice of a proper and appropriate venue,” according to court documents.
The Fifth Circuit has stayed the transfer until June 18 and requested the CFPB respond to the petition by June 6.
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