Proposed Rulemaking

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The FDIC has proposed a rule interpreting Section 24(j) of the Federal Deposit Insurance Act, enacted as part of The Riegle-Neal Interstate Branching and Banking Efficiency Act of 1994, to provide parity between out-of-State state and national banks insofar as preempting host state laws even when the out-of-state, state bank provides services in a host State without maintaining a physical branch.… Continue Reading

Executive Summary

The Conference of State Bank Supervisors (CSBS), the nationwide organization representing state banking and financial regulators, has endorsed legislation that would clarify a critical issue concerning the scope of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA). The development comes as the House Financial Services Committee prepares to mark up H.R.… Continue Reading

Proposed legislation that would clarify the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) is important to the health of the dual banking system, Kathleen Kraninger, President and CEO of the Florida Bankers Association, told the House Financial Services Committee at a hearing held on September 2, 2026 entitled “Strengthening the American Economy: Promoting Growth, Opportunity, and Prosperity.”… Continue Reading

A state senator in New York introduced a bill that, if adopted, would exercise New York’s right under Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”) to opt-out of DIDMCA preemption. However, there is virtually no chance that this bill will be enacted this year.… Continue Reading

Introduction

On July 31, 2026, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) published a joint Notice of Proposed Rulemaking (NPRM) proposing targeted amendments to their Community Reinvestment Act (CRA) regulations. The proposal, issued under Docket ID OCC-2026-0694, RIN 1557-AF57 (OCC) and RIN 3064-AG31 (FDIC), represents a significant pivot in the agencies’ approach to CRA modernization following years of litigation and regulatory uncertainty.… Continue Reading

The Consumer Financial Protection Bureau (CFPB) has taken the next significant step toward revising its Section 1033 “open banking” regulation.

According to the Office of Information and Regulatory Affairs (OIRA), the CFPB has submitted a Notice of Proposed Rulemaking (NPRM) entitled Personal Financial Data Rights Reconsideration (Section 1033 of the Dodd-Frank Act) for review under Executive Order 12866.… Continue Reading

The Office of the Comptroller of the Currency (OCC) has issued a notice of proposed rulemaking that would substantially revise its regulations governing the disclosure of non-public OCC information, including confidential supervisory information (CSI). The proposal proposes consequential changes to the way banks, their affiliates, counterparties, regulators, and the public may obtain and use supervisory information and if adopted would provide for a framework for the protection and sharing of confidential supervisory information distinct from the Federal Deposit Insurance Corporation and the Board of Governors of the Federal Reserve System.… Continue Reading

The Federal Reserve Board and the Federal Deposit Insurance Corporation have issued substantially identical notices of proposed rulemaking to modernize the regulations governing extensions of credit by banks to their executive officers, directors, principal shareholders, and their related interests. Because the agencies supervise different categories of insured depository institutions, each is proposing amendments to its own regulations, although the proposals are virtually identical in substance.… Continue Reading

The Oregon Department of Consumer and Business Services, Division of Financial Regulation (DFR), has proposed to issue Bulletin No. DFR 2026-X, reminding nonbank “Buy Now, Pay Later” (BNPL) companies and BNPL service providers that they generally must obtain Oregon lending licenses before offering BNPL products to Oregon consumers. Unlike a few other states, Oregon has not enacted a statute that specifically applies to BNPL companies and service providers.… Continue Reading

On July 8, 2026, the New York City Department of Consumer and Worker Protection (DCWP) proposed a far-reaching rule that would prohibit businesses from charging consumers hidden “junk fees” and require “all-in” pricing for virtually every good and service advertised in New York City. If adopted, the proposal would represent one of the broadest municipal price-transparency regulations in the country and would significantly expand the City’s efforts to combat so-called junk fees beyond the hotel industry. … Continue Reading