The Consumer Financial Protection Bureau (CFPB) has announced the dismissal of its lawsuit against Comerica Bank, filed in the U.S. District Court for the Northern District of Texas. The decision comes after the CFPB missed a court-ordered filing deadline in response to Comerica’s motion to dismiss, prompting the court to issue an order to show cause.
The CFPB Comerica lawsuit, initially filed in December 2023, alleged that Comerica Bank mismanaged the U.S. government’s Direct Express program—an initiative responsible for distributing Social Security and other federal benefits to over 3.4 million cardholders annually via prepaid debit cards. The CFPB accused Comerica of charging improper ATM fees and providing inadequate customer support to over one million beneficiaries.
In a one-sentence filing on Friday, the CFPB notified the court of its voluntary dismissal of the case without prejudice, meaning the agency reserves the right to refile. The notice came one day after U.S. District Judge Jane J. Boyle ordered the Bureau to explain its failure to meet the April 18 response deadline.
The CFPB had amended its original 13-count complaint on March 13, 2025, trimming five counts and introducing no new allegations. Comerica responded swiftly by moving to dismiss the revised complaint, citing concerns over procedural delay and alleging the Bureau was attempting to sidestep a previous court denial of its stay request.
“The CFPB could have responded to the original motion while clarifying its narrowed claims,” Comerica stated in its court filing. “Instead, the agency chose procedural tactics to stall the case’s progress.”
Although Comerica’s exclusive contract as administrator of the Direct Express program has ended, the bank continues to assist in the transition to a new administrator.
A CFPB spokesperson commented, “The Bureau is doing its due diligence to work with Comerica in a responsible and constructive manner.”
This move follows a series of lawsuit withdrawals by the CFPB, including cases against MoneyGram International, Capital One, and other financial institutions. These shifts come amid broader challenges to the Bureau’s operations and leadership.
The case was Consumer Financial Protection Bureau v. Comerica Bank, case number 3:24-cv-00000, in the U.S. District Court for the Northern District of Texas.
