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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

Earlier today, the Tenth Circuit entered an Order which granted the Petition for Rehearing En Banc filed by the plaintiff bank trade associations in the Colorado opt-out litigation, National Ass’n of Industrial Bankers v. Weiser. As we have previously reported, on November 10, 2025, the Tenth Circuit issued a 2-1 decision which addressed Colorado’s 2023 opt-out from Section 27 of the Federal Deposit Insurance Act (FDIA), pursuant to the opt-out right conferred by Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA).… Continue Reading

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

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 have once again introduced legislation that would “opt out” of Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA), pursuant to the opt-out right conferred by Section 525 of that Act.… Continue Reading

On June 27, the Oregon Department of Consumer and Business Services’ (“Department”) Division of Financial Regulation (“Division”) finalized new regulations implementing Senate Bill 485, which requires companies to obtain a license from the Division in order to service student loans in Oregon, unless an exemption applies.  The new regulations also establish related servicer requirements and prohibited acts, the supervisory authority of the Director of the Department (“Director”), and the obligations of a student loan ombudsman appointed or designated by the Department pursuant to Senate Bill 485. … Continue Reading