Statute
DIDMCA
25 published works
Consumer Finance Monitor
House Financial Services Committee Advances DIDMCA Opt-Out Clarification Bill
By Alan S. Kaplinsky, Burt M. Rublin
On September 16, 2026, the House Financial Services Committee (Committee) approved H.R. 7866, the American Lending Fairness Act of 2026, legislation introduced by Rep. Warren Davidson (R-Ohio) and Rep. Andy…
Consumer Financial Services Law Monitor
New York to Consider Whether to Opt Out of Federal Interest Rate Exportation Under DIDMCA
By Jason Cover, Mark Furletti, Joseph Reilly, Caleb Rosenberg, Taylor Gess, Colin Wilson
On August 26, New York State Senator Zellnor Myrie introduced Senate Bill S10688, legislation that would enact an express “opt out” from key provisions of the Depository Institutions Deregulation and…
Consumer Finance Monitor
House Financial Services Committee to Consider H.R. 7866 and the Intended Scope of DIDMCA’s Opt-Out Provision
By Alan S. Kaplinsky, Burt M. Rublin
Hearing will focus on whether Section 525 permits an opt-out state to regulate loans made by out-of-state state banks On Wednesday, September 2, the House Financial Services Committee will hold…
Consumer Finance Monitor
DIDMCA’s Section 525 Opt-Out: Congress Allowed States to Reimpose Usury Limits on Their Own Banks, Not on Out-of-State Lenders
By Alan S. Kaplinsky, Ronald K. Vaske
The purpose of this blog is to respond to questions we have received as to why a state like Colorado would ever use Section 525 of DIDMCA to opt out…
Consumer Finance Monitor
Fifteen States File Amicus Brief Supporting Challenge to Oregon’s DIDMCA Opt-out Law
By Alan S. Kaplinsky, Burt M. Rublin
Yesterday, the State of Utah, joined by the attorneys general of Alabama, Arkansas, Florida, Georgia, Iowa, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia, filed…
Consumer Finance Monitor
Banking Industry Trade Associations File Comprehensive Amicus Brief Supporting Plaintiffs’ Challenge to Oregon’s Overbroad DIDMCA Opt-Out
By Alan S. Kaplinsky, Burt M. Rublin
A significant amicus brief was filed yesterday by many bank industry trade associations in the U.S. District Court for the District of Oregon in National Association of Industrial Bankers v.…
Consumer Finance Monitor
FDIC Files Amicus Brief Supporting Preliminary Injunction Against Oregon’s DIDMCA Opt-Out Law
By Alan S. Kaplinsky, Burt M. Rublin
The Federal Deposit Insurance Corporation (“FDIC”) filed an amicus brief supporting the motion for a preliminary injunction filed by the National Association of Industrial Bankers (“NAIB”), the Online Lenders Alliance…
Consumer Finance Monitor
Consumer Groups Urge Tenth Circuit to Adopt Colorado’s Interpretation of Section 525 of DIDMCA
By Alan S. Kaplinsky, Burt M. Rublin
Another amicus brief has been filed in the Tenth Circuit’s en banc consideration of NAIB v. Weiser, this time by two prominent consumer advocacy organizations: the Center for Responsible Lending…
Consumer Finance Monitor
Former Iowa Attorney General Thomas J. Miller Files Amicus Brief Supporting Colorado’s Interpretation of DIDMCA’s Opt-Out Provision
By Alan S. Kaplinsky, Burt M. Rublin
On July 15, 2026, former Iowa Attorney General Thomas J. Miller filed an amicus brief supporting Colorado in the en banc proceedings before the U.S. Court of Appeals for the…
Consumer Finance Monitor
Colorado Files Supplemental En Banc Brief Defending Its Interpretation of DIDMCA’s Opt-Out Provision
By Alan S. Kaplinsky, Burt M. Rublin
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…