Statute
DIDMCA
25 published works
Regulatory Oversight
States Join Colorado in Defense of Interest Rate Opt-Out Law
By Troutman Pepper Locke State Attorneys General Team, Nick Gouverneur
On September 20, 13 states and Washington, D.C. joined Colorado in its appeal asking the Tenth Circuit to uphold a state law imposing more restrictive interest rate caps on loans…
Consumer Finance Monitor
This week’s podcast episode: Interest Rate Exportation Under Attack – Part II
By Mindy Harris
The 1978 landmark opinion in Marquette National Bank v. First of Omaha Service Corp held that under the National Bank Act, a national bank has the right to export the…
Consumer Finance Monitor
Oh, won’t you stay (enforcement): Plaintiffs seek preliminary injunction in Colorado interest rate preemption opt-out challenge
By Mindy Harris, Joseph J. Schuster, Ronald K. Vaske, John L. Culhane, Jr., Alan S. Kaplinsky
Colorado’s attempt to opt out of interest rate exportation by out-of-state, state-chartered banks ultimately will fail, and will cause irreparable harm in the interim: therefore, enforcement of the opt out…
Consumer Financial Services Review
Iowa Targets Out-of-State Bank Partner for Usury, Shedding Light on State’s Interpretation of DIDMCA Opt-Out
By Jeffrey P. Taft, Steven M. Kaplan, Eric T. Mitzenmacher, Francis L. Doorley, Daniel Pearson
State-chartered banks lending to Iowa residents will want to take note of an Assurance of Discontinuance entered into in December between the State of Iowa and an out-of-state bank to…
Retained Interest
Legal Update: Iowa Targets Out-of-State Bank Partner for Usury, Shedding Light on State’s Interpretation of DIDMCA Opt-Out
By Jeffrey P. Taft, Steven M. Kaplan, Eric T. Mitzenmacher, Francis L. Doorley, Daniel Pearson
State-chartered banks lending to Iowa residents will want to take note of an Assurance of Discontinuance entered into in December between the State of Iowa and an out-of-state bank to…