Is my credit card company allowed to charge me a $75 late fee for being one day late?

Jurisdiction: United States • Practice Area: Employment Law • Responsible editor: Cong Ho• Published November 5, 2026

Quick Summary

It depends on whether the $75 fee is considered reasonable and proportional to your one-day delay. While companies can charge late fees, federal law requires that these penalties must not be excessive relative to the violation.

The situation

I live in Ohio and I am having a major issue with my credit card company regarding a recent charge on my account. I have been a customer with them for about three years and I usually pay my balance in full every single month. However, due to a technical glitch with my employer's payroll system, my paycheck was delayed by just twenty-four hours. Because of this, I missed my payment deadline by exactly one day. When I logged into my online banking portal this morning, I saw that they hit me with a $75 late fee. I immediately called their customer service line yesterday afternoon to explain the situation and asked if they could waive it as a one-time courtesy since I have such a perfect payment history. The representative told me that the fee is standard policy and they refused to remove it, claiming it is their right to charge whatever they want for a missed deadline. I feel like $75 is way too much money just for being a single day late, especially since it didn't actually cost them anything extra to process my payment a day later. Is there a limit on how much they can legally charge me for a late payment, or can they just pick any amount they want?

Detailed Analysis

Under federal law, your credit card company does not have the absolute right to charge any amount they want for a missed deadline. The Consumer Credit Protection Act states that "the amount of any penalty fee or charge that a card issuer may impose... in connection with any omission with respect to, or violation of, the cardholder agreement, including any late payment fee... shall be reasonable and proportional to such omission or violation"[1]. This means the fee must be a fair reflection of the situation and cannot be an arbitrary or punitive amount that far exceeds the actual impact of your one-day delay.

To determine if a fee is 'reasonable and proportional,' regulators look at several factors, including "the cost incurred by the creditor from such omission or violation" and "the conduct of the cardholder"[1]. In your case, you have a three-year history of paying in full, and your delay was caused by a technical payroll glitch rather than intentional neglect. This history of good conduct is a factor that should be considered when evaluating the fairness of the fee.

Additionally, your credit card company is required to follow specific disclosure rules. They must provide a statement that includes "the date on which the payment is due or, if different, the date on which a late payment fee will be charged, together with the amount of the fee or charge to be imposed if payment is made after that date"[2]. If they failed to clearly disclose the $75 amount in your billing statements or application, they may be in violation of these disclosure requirements.

Whether $75 specifically meets the legal standard for a one-day delay is a matter of regulatory interpretation, as the law does not set a specific dollar limit but rather a standard of proportionality.

Statutory Citations

Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1665d — Reasonable penalty fees on open end consumer credit plans
"the amount of any penalty fee or charge that a card issuer may impose... shall be reasonable and proportional to such omission or violation"
View Official Legislation →
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1637 — Open end consumer credit plans
"the periodic statement... shall include, in a conspicuous location on the billing statement, the date on which the payment is due... together with the amount of the fee or charge to be imposed if payment is made after that date"
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

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