ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

CFPB sues Comerica over Direct Express benefits card management

January 3, 2025
Reading Time: 2 mins read
CFPB sues Comerica over Direct Express benefits card management

Direct Express
Comerica Bank v. CFPB
Date: Dec. 6, 2024

Issue: Whether Comerica Bank mismanaged the U.S. Department of the Treasury’s Bureau of the Fiscal Service’s Direct Express program, which distributed benefits via debit cards.

Case Summary: Following Comerica Bank’s lawsuit against the CFPB over its investigation into the bank’s management of the Direct Express benefits program, CFPB countersued Comerica, accusing the bank of mishandling the government benefit card program.

Fiscal Service created the Direct Express program to provide recipients of federal benefits with consumer-friendly debit card accounts through which they can receive and use benefit payments. In 2008, Fiscal Service conducted a competitive selection process and chose Comerica to be the service provider for Direct Express. Comerica has remained the service provider for Direct Express throughout the program’s existence. Fiscal Service has exercised oversight and control over the program since its inception.

In 2021, CFPB launched its investigation of Comerica’s administration of Direct Express by issuing a Civil Investigative Demand (CID). Comerica asserted that it incurred significant legal fees and expended substantial resources by providing the requested information in its CIDs. Afterward, CFPB informed Comerica it was considering legal action, including bringing a claim alleging Comerica’s customer service practices in connection with Direct Express constituted an unfair or abusive act or practice (UDAAP).

In November, Comerica Bank sued the CFPB in Texas federal court, alleging the bureau exceeded its authority under the Consumer Financial Protection Act and Dodd-Frank Act by investigating the Direct Express program. In its complaint, Comerica claimed CFPB’s allegation that its customer service deficiencies are UDAAPs and its allegation that it did not have proper fraud controls exceeds the CFPB’s statutory authority under the CFPA. Comerica also argued CFPB’s current funding method violates the Appropriations Clause and the Dodd-Frank Act. Finally, Comerica argued that the CFPB’s enforcement activity violated its constitutional due process rights. Comerica maintained that due process requires the CFPB to provide fair notice before attempting to regulate specific categories of activities. The company asserted that the CFPB’s threat to initiate enforcement actions based on new interpretations of UDAAPs infringed on its due process rights, as it lacked fair notice of the bureau’s adoption of such broad and flawed interpretations of the CFPA.

As a result of its investigation, CFPB sued Comerica alleging it violated the CFPA by: failing to provide consumers with a reasonable way to obtain effective and timely assistance; forcing consumers to close their accounts and request new cards, causing them to lose access to their accounts; failing to provide consumers with accurate and complete information; and charging cardholders ATM withdrawal fees they did not owe. CFPB also claimed Comerica violated the Electronic Fund Transfer Act (EFTA) by failing to honor timely submitted stop-payment requests and failing to timely investigate notices of error.

Finally, CFPB claimed Comerica violated Regulation E of the EFTA by failing to: notify cardholders that provisional credit was made final; provide notification of the date and amount of the debiting of previously issued provisional credit; notify consumers it will honor checks, drafts, and preauthorized transfers for five business days after debiting previously issued provisional credit without charging overdraft fees; and provide on periodic statements a telephone number and address to be used for inquiries or notices of error.

Bottom Line: Comerica’s answer to CFPB’s complaint is due Feb. 4, 2025.

Documents: Complaint

Tags: Banking Docket
ShareTweetPin

Related Posts

ABA files coalition amicus brief arguing FDIC’s CMP against CBW Bank violates Jarkesy

Seventh Circuit upholds FDIC’s in-house enforcement process

Uncategorized
September 1, 2026

In a unanimous decision, a Seventh Circuit panel ruled that the FDIC did not violate the Seventh Amendment by adjudicating an enforcement action seeking a prohibition order and civil money penalty.

Fifth Circuit rules SEC must fix stock buyback rule

Tenth Circuit affirms dismissal of APA challenge to SEC enforcement action

Uncategorized
September 1, 2026

A unanimous Tenth Circuit panel affirmed the dismissal of a lawsuit challenging the SEC’s enforcement of federal anti-money laundering reporting requirements against an affiliate.

FDIC posts sample docs to provide clarity into marketing, sale process of failing banks

Second Circuit rules AP7 has prudential standing to pursue Signature Bank securities claims

Uncategorized
September 1, 2026

In a unanimous decision, a Second Circuit panel vacated a New York federal court decision ruling that Sjunde AP-Fonden (AP7) lacked prudential standing to pursue securities fraud claims against KPMG and former Signature Bank officers.

OCC releases Q3 bank trading revenue report

Nine states sue OCC over escrow powers and preemption rules

Uncategorized
September 1, 2026

Nine states sued the OCC, alleging it exceeded its authority and violated the APA by issuing its Escrow Powers and Preemption Rules.

Eastern District of Michigan dismisses $2 million wire fraud suit against Fifth Third Bank

Eastern District of Michigan dismisses $2 million wire fraud suit against Fifth Third Bank

Uncategorized
September 1, 2026

The court refused to hold Fifth Third Bank liable for the wire fraud because Hegira could not identify any agreed-upon security procedure that the bank handled in a commercially unreasonable manner or failed to follow in good faith.

CFPB issues interim final rule for Libor transition

Ninth Circuit rules fixed dividend rate can serve as LIBOR Act benchmark replacement

Uncategorized
September 1, 2026

The Ninth Circuit reversed and remanded, ruling that the LIBOR Act does not require a floating replacement rate and permits a contract’s fixed-rate fallback to serve as a valid benchmark replacement when LIBOR is unavailable.

NEWSBYTES

Producer prices edged up 0.4% in August

September 10, 2026

NAR: Existing home sales fell in August

September 10, 2026

ABA, state associations offer language to strengthen Clarity Act

September 10, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026
Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

Could Your Bank Absorb the Hidden Cost of Running Legacy Systems?

August 20, 2026

PODCASTS

Podcast: Remembering 9/11, a quarter century later

September 10, 2026

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.