Colorado has filed its supplemental en banc brief in National Association of Industrial Bankers, et al. v. Weiser, urging the U.S. Court of Appeals for the Tenth Circuit to affirm the now-vacated panel majority’s interpretation of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA).… Continue Reading
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Prominent Consumer Credit Scholars and Center for Individual Freedom File Amicus Brief Supporting Plaintiffs in Colorado Opt-out Appeal
Posted in State Regulation
On June 2, 2026, Professors Todd Zywicki and Thomas Miller, Jr., together with the Center for Individual Freedom, filed an amicus brief in support of the plaintiff trade associations in National Association of Industrial Bankers, et al. v. Weiser, currently pending before the U.S. Court of Appeals for the Tenth Circuit, sitting en banc.… Continue Reading
U.S. Chamber of Commerce Amicus Brief Urges Tenth Circuit to Reject Presumption Against Preemption in Colorado DIDMCA Case
Posted in Preemption, State Regulation
The en banc Tenth Circuit continues to receive substantial support for affirming the district court’s decision in National Association of Industrial Bankers v. Weiser, the closely watched case addressing the scope of the opt-out provision in Section 525 of the Depository Institutions Deregulation and Monetary Control Act’s (“DIDMCA”), which empowers a state to opt out of the interest rate provisions in Section 521 of DIDMCA with respect to “loans made in such State.”… Continue Reading
Twenty-One States File Amicus Brief Supporting Challenge to Colorado’s Effort to Regulate Interest Rates Charged by Out-of-State State Banks
The en banc proceedings in National Association of Industrial Bankers v. Weiser continue to attract significant attention. On June 4, 2026, the attorneys general of Utah and 20 other states filed an amicus brief urging the U.S. Court of Appeals for the Tenth Circuit to affirm the district court’s decision enjoining Colorado’s attempt to utilize its opt out pursuant to Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) as a basis to regulate the interest rates charged to Colorado borrowers by out -of-state state banks.… Continue Reading
FDIC Files Amicus Brief Supporting Challenge to Colorado’s Opt-Out Interest Rate Law
On June 4, 2026, the Federal Deposit Insurance Corporation (FDIC) filed an amicus brief in the en banc proceedings pending before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v. Weiser, strongly supporting the plaintiffs-appellees’ challenge to Colorado’s attempt to apply its usury laws to loans made by out-of-state, state-chartered banks.… Continue Reading
OCC Files Amicus Brief Supporting Challenge to Colorado’s Opt-Out Law and Defending Longstanding Interest-Rate Exportation Principles
Posted in OCC, State Regulation
On June 4, 2026, the Office of the Comptroller of the Currency (OCC) filed an amicus brief in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v. Weiser, urging the court to affirm the district court’s preliminary injunction against Colorado’s opt-out statute and reject Colorado’s attempt to apply its interest-rate restrictions to loans made by out-of-state state-chartered banks.… Continue Reading
Banking Trade Groups Urge Tenth Circuit to Reject Colorado’s Attempt to Apply Its Usury Laws to Interstate Loans Made by Out-of-State State Banks
Posted in State Regulation, Usury
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
Today’s podcast episode: DIDMCA Opt-Outs Resurface: Oregon Legislation and the Colorado Case Could Alter the Landscape for Interstate Lending by State Banks
By Ballard CFS Group on
In this episode of the Consumer Finance Monitor Podcast, host Alan Kaplinsky is joined by colleagues Pilar French and Burt Rublin to unpack a rapidly evolving issue at the intersection of bank–FinTech partnerships and interstate lending: the renewed exercise of state opt-out authority under Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA).… Continue Reading
Moreno-Davidson Bill Seeks to Reverse Tenth Circuit and Restore Interest Rate Exportation Parity Between State and National Banks
Posted in Fair Lending, State Regulation
On February 12th, Senator Bernie Moreno (R-OH) and Representative Warren Davidson (R-OH) introduced the American Lending Fairness Act of 2026, legislation designed to restore long-standing federal interest rate exportation authority for state-chartered banks and credit unions engaged in interstate lending. The bill directly responds to the Tenth Circuit’s controversial 2-1 decision in National Association of Industrial Bankers v.… Continue Reading
Webinar: Understanding the 10th Circuit’s Colorado Opt-Out Decision
By Ballard CFS Group on
Posted in Colorado Student Loan Servicing Act, Webinars
The Tenth Circuit’s November 10 decision in National Association of Industrial Bankers v. Weiser marks the first appellate interpretation of a state’s opt-out authority under Section 525 of DIDMCA—and it carries major implications for state banks and their fintech partners.
The court held that a loan is “made in” an opt-out state if either the lender or the borrower is located there, meaning Colorado’s usury limits apply to loans made to Colorado residents by out-of-state state banks.… Continue Reading