On June 4, 2026, the American Bankers Association, Bank Policy Institute, Consumer Bankers Association, America’s Credit Unions, and 52 state bankers associations filed a supplemental amicus brief supporting the plaintiffs in the en banc proceeding pending before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v.… Continue Reading
Ronald K. Vaske
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Plaintiffs Tell Tenth Circuit En Banc Court That Colorado’s Opt-Out Law Cannot Reach Loans Made by Out-of-State State-Chartered Banks
Posted in State Regulation
The plaintiffs-appellees in National Association of Industrial Bankers v. Weiser have filed their supplemental en banc brief in the Tenth Circuit, urging the full court to reject the panel majority’s interpretation of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) and affirm the district court’s preliminary injunction against Colorado’s opt-out statute.… Continue Reading
Illinois Interchange Fee Litigation Takes important Turn: OCC Rule Leads Court to Enjoin Core IFPA Interchange Fee Restrictions
By Alan S. Kaplinsky & Ronald K. Vaske on
Posted in Credit Cards, Data Security
On June 1, 2026, Chief Judge Virginia Kendall of the U.S. District Court for the Northern District of Illinois issued a major follow-up opinion in Illinois Bankers Association v. Raoul that substantially alters the court’s February 2026 summary judgment decision regarding the Illinois Interchange Fee Prohibition Act (“IFPA”).
The new opinion was issued after the Seventh Circuit vacated the district court’s February ruling and remanded the case for reconsideration in light of the Office of the Comptroller of the Currency’s April 2026 Interim Final Rule and Interim Final Order addressing the IFPA.… Continue Reading
California Court Issues Final Statement of Decision Rejecting DFPI “True Lender” Theory Against OppFi
Posted in Fintech, Litigation and Court Decisions
In a significant victory for bank-fintech partnership models, the Los Angeles County Superior Court on May 19, 2026 has now issued its final Statement of Decision granting summary judgment in favor of Opportunity Financial, LLC (“OppFi”) in its long-running litigation with the California Department of Financial Protection and Innovation (“DFPI”). The final opinion follows the court’s February 24, 2026 tentative ruling, which we previously discussed on this blog.… Continue Reading
Seventh Circuit Hits Reset Button in Illinois Interchange Fee Litigation After OCC “Doubles Down” on Federal Preemption under the National Bank Act
The U.S. Court of Appeals for the Seventh Circuit issued a highly significant order on May 8, 2026 in the closely watched litigation challenging the Illinois Interchange Fee Prohibition Act (“IFPA”), vacating the district court’s judgment and remanding the case for further proceedings in light of the OCC’s recently issued Interim Final Rule and preemption order.… Continue Reading
FDIC rescinds guidance governing re-presentment of same transaction
The FDIC has issued FIL-14-2026 rescinding its guidance governing the re-presentment of the same transaction after raising questions about the Biden Administration’s prior guidance.
“Based on a review and assessment of the guidance in FIL-32-2023, the FDIC concludes that the guidance is overly broad in scope and has raised uncertainty regarding when, for instance, disclosures regarding re-presentments may result in ‘unfairness’ concerns under Section 5 of the Federal Trade Commission Act,” the FDIC said in announcing the rescission.… Continue Reading
OCC Doubles Down on Interchange Fee Preemption Against the Backdrop of High-Stakes Seventh Circuit Litigation and a Post-Loper Bright World
By Alan S. Kaplinsky, Adam Maarec & Ronald K. Vaske on
In a pair of coordinated actions on April 24, 2026, the Office of the Comptroller of the Currency (OCC) moved to reaffirm and expand the scope of National Bank Act (NBA) preemption to credit and debit card interchange fees and the use of electronic payment transaction data.
The OCC issued (i) an interim final rule clarifying that interchange fees are protected “non-interest charges,” and (ii) an interim final order expressly preempting the Illinois Interchange Fee Prohibition Act (IFPA).… Continue Reading
StubHub to pay $10 million for failing to disclose full price of tickets
Posted in FTC
The nation’s largest ticket exchange and resale service, StubHub Holdings, Inc., will pay $10 million to settle Federal Trade Commission allegations that the company violated the FTC Act and the agency’s trade regulation rule on Unfair or Deceptive Fees.
The FTC said the service advertised ticket prices on its website without “clearly and conspicuously disclosing up-front how much consumers actually would pay, including all mandatory fees” from May 12 through May 14, 2025.… Continue Reading
Oregon’s DIDMCA Opt-Out Legislation Heads to the Governor’s Desk
Posted in State Regulation
As we recently reported, in the wake of the Tenth Circuit’s decision in National Association of Industrial Bankers v. Weiser, 159 F.4th 694 (10th Cir. 2025), Oregon legislators re‑introduced H.B. 4116—legislation designed to opt Oregon out of Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA).… Continue Reading
OCC proposes overhaul of appeals process
By Ronald K. Vaske on
Posted in OCC
Following on the FDIC’s recent issuance of updated guidelines for appeals of material supervisory determination, the OCC is now proposing to replace the existing guidance for handling appeals of material supervisory determinations at institutions under its jurisdiction and to create a board to decide bank appeals. The deadline for comments on the proposal is April 20, 2026.… Continue Reading