Statute
DIDMCA
25 published works
Consumer Financial Services Law Monitor
Industry Groups Challenge Oregon’s DIDMCA Opt-Out in Federal Court
By Jason Cover, Caleb Rosenberg, Taylor Gess
On June 15, three major financial services trade associations filed suit in federal court to block Oregon’s HB 4116 from applying its 36% interest rate cap to consumer finance loans…
Consumer Financial Services Law Monitor
FDIC Backs Industry in Colorado DIDMCA Opt-Out Fight, Urges Bank-Focused Reading of “Loans Made in Such State”
By Taylor Gess, Caleb Rosenberg
On June 4, the Federal Deposit Insurance Corporation (FDIC) filed an amicus brief in the Tenth Circuit’s en banc rehearing of National Association of Industrial Bankers v. Weiser, supporting industry…
Consumer Financial Services Law Monitor
Oregon Legislature Moves to Opt Out of DIDMCA Preemption for Consumer Finance Loans
By Jason Cover, Taylor Gess, Joseph Reilly, Caleb Rosenberg, Chris Willis
In continuation of increased state efforts to regulate state-chartered banks and fintech partnerships,Oregon’s newly enrolled House Bill (HB) 4116 would enact an express “opt‑out” from a key provision of the Depository…
Consumer Finance Monitor
Moreno-Davidson Bill Seeks to Reverse Tenth Circuit and Restore Interest Rate Exportation Parity Between State and National Banks
By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske
On February 12th, Senator Bernie Moreno and Representative Warren Davidson introduced the American Lending Fairness Act of 2026, legislation designed to restore long-standing federal interest rate exportation authority for state-chartered…
Regulatory Oversight
Payments Year in Review 2025: Federal and State Developments – Part 2
By Keith J. Barnett, Jason Cover, Carlin McCrory
In the second installment of the two-part Payments Year in Review series, hosts Keith Barnett, Carlin McCrory, and Jason Cover focus on the state-level developments that shaped the 2025 payments…
Consumer Finance Monitor
Colorado Files Opposition to Plaintiffs’ Rehearing Petition in Opt-Out Litigation
By Burt M. Rublin, Alan S. Kaplinsky
As we reported previously, a petition for rehearing en banc was filed by the plaintiff bank trade associations in National Association of Industrial Bankers v. Weiser. In that case, the…
Consumer Finance Monitor
Colorado “Opt-Out” Litigation – Petition for Rehearing En Banc And Amicus Briefs in Support
By Burt M. Rublin, Alan S. Kaplinsky
As we previously reported, on November 10, 2025 the Tenth Circuit rendered its 2-1 decision in National Association of Industrial Bankers v. Weiser. It held that a loan is “made”…
Consumer Finance Monitor
Webinar: Understanding the 10th Circuit’s Colorado Opt-Out Decision
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…
Consumer Financial Services Review
DIDMCA Opt-Out Update — Tenth Circuit Reverses Colorado Preliminary Injunction
Litigation involving Colorado’s opt-out from the interest exportation provisions of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) has taken an adverse turn for the financial services…
Consumer Financial Services Law Monitor
Troutman Represents all Fifty States Bankers Associations and D.C. in Tenth Circuit DIDMCA Opt-Out Litigation
By Caleb Rosenberg, Nathan Marigoni
In the last two weeks, several amicus briefs were filed in the Tenth Circuit in the ongoing litigation concerning Colorado's opt-out from the Depository Institutions Deregulation and Monetary Control Act…