Comptroller of the Currency Joseph Gould is vowing that his agency will take a variety of steps to promote federal preemption, Law360 reported.

Speaking as part of a fireside chat at the Clearing House’s annual conference, Gould said that defending preemption will require rebuilding its political legitimacy, the news service reported.

Gould said that while the OCC still plans to file amicus briefs in litigation, “where appropriate,” the agency will take a more comprehensive approach to make certain that Congress and the public understand the benefits of preemption, according to Law360. He said that the OCC will consult with the Treasury Department and is considering issuing new preemption rules.

He did not give any hint as to what the new preemption rules would say. Gould’s statement about the OCC’s consideration of issuing new preemption regulations is completely at odds with the position of his predecessor, Acting Comptroller Rodney Hood, who stated earlier this year in a letter written to the Conference of State Bank Supervisors that the existing OCC preemption rules are consistent with Dodd Frank Act and Supreme Court precedent and will not be changed.

According to the news service, Gould said that the OCC also will reach out to members of Congress and state regulators about preemption, adding that other agencies also must be vocal. He also said that banks of all sizes and charters should stand up for preemption.

WEBINAR ON NATIONAL BANK ACT PREEMPTION —NOVEMBER 10

In the meantime, the compliance and litigation risks for national banks seeking to rely on federal preemption have changed.

On September 22, 2025, the First Circuit issued its opinion in Conti v. Citizens Bank, N.A., ruling that the National Bank Act does not preempt Rhode Island’s law requiring banks to pay interest on mortgage escrow accounts.

On October 2, 2025, by a 2-1 vote, a panel of the Ninth Circuit issued its opinion in Kivett v. Flagstar Bank, FSB, ruling that the National Bank Act does not preempt California’s law requiring banks to pay interest on mortgage escrow accounts.

Don’t wait for regulators – or plaintiffs’ attorneys – to tell you what this means.

Join us on November 10 for a webinar on National Bank Act preemption, from 12:00 PM ET to 1:30 PM ET.  Our expert panel will break down what you need to know – and what you should do now.

We will be joined by special guest speaker Arthur E. Wilmarth, Jr., Professor Emeritus of Law at The George Washington University.

If you haven’t already done so, reserve your spot now to stay ahead of the regulatory curve.

Register Here: