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Home Compliance

Court Grants 90-Day Delay of CFPB’s Medical Debt Credit Reporting Rule

mikegibb by mikegibb
February 7, 2025
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A federal judge has granted a 90-day stay on the Consumer Financial Protection Bureau’s new rule that would bar credit reporting agencies from including medical debt on consumer credit reports. The stay pushes the rule’s effective date to June 15, 2025, and delays further court proceedings in a legal battle brought by the Consumer Data Industry Association and the Cornerstone Credit Union League.

Why it matters: The rule, issued in January by the outgoing Biden administration, aimed to remove $49 billion in medical debt from credit reports, impacting 15 million Americans. The lawsuit argues that the CFPB exceeded its authority by overriding the Fair Credit Reporting Act, which expressly allows consumer reporting agencies to report medical debt under certain conditions.

Key developments:

  • New leadership at CFPB: The lawsuit initially named Rohit Chopra as the defendant in his capacity as CFPB Director. However, President Donald Trump replaced Chopra with Treasury Secretary Scott Bessent as Acting Director of the CFPB. The new leadership is reviewing the rule, having instituted a freeze on issuing new regulations and enforcement actions.
  • CFPB agrees to delay: In a court filing, CFPB attorneys stated they would not oppose a temporary halt to the rule while the agency re-evaluates its position​.
  • Judge’s order: Judge Sean Jordan of the District Court for the Eastern District of Texas granted the stay and rescheduled the hearing on the plaintiffs’ motion for a preliminary injunction to May 12, 2025, in Plano, Texas​.

Excerpts from the court filings:

  • “The Bureau’s new leadership needs time to review and consider its position on various agency actions.” – CFPB’s motion to stay the case​.
  • “It is black letter law that an agency cannot prohibit through regulations what Congress has expressly permitted by statute.” – Plaintiffs’ argument challenging the rule​.

What’s next:

The May 12 hearing will be the next development in determining whether the rule will ultimately take effect or be struck down. Industry groups argue the CFPB’s rule contradicts federal law and financial risk assessment standards, while consumer advocates support the regulation as a way to prevent medical debt from unfairly impacting credit scores.

Related

Tags: CDIA & Cornerstone Credit Union League v. CFPBCFPB Medical Debt CollectionMedical Debt Credit Reporting
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