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Topic

Usury

137 published works

  1. 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…

  2. Canadian Lawyer Mag

    Alberta illegal lending investigation leads to guilty pleas, fines and peace bond

    By Canadian Lawyer Mag

    Investigators found unlawful interest rates and intimidation tactics used to collect debts

  3. 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…

  4. Consumer Finance Monitor

    OCC Weighs In on Oregon DIDMCA Opt-Out Litigation with Amicus Brief Supporting a Narrow Reading of Section 525

    By Alan S. Kaplinsky, Burt M. Rublin

    The Office of the Comptroller of the Currency (“OCC”) filed an amicus curiae brief on July 28, 2026, in National Association of Industrial Bankers, et al. v. Sean O’Day, pending…

  5. 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…

  6. Commercial Case Notes

    Corporation Cannot Assert a Defense of Civil Usury

    By John Lundin

    On July 8, 2026, the Second Department issued a decision in LF Collateral SPV IV, LLC v. Citadel NY, Inc., 2026 NY Slip Op. 04288, holding that a corporation cannot…

  7. Consumer Finance Monitor

    FDIC Files Amicus Brief Supporting Challenge to Colorado’s Opt-Out Interest Rate Law

    By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske

    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…

  8. Consumer Finance Monitor

    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

    By Alan S. Kaplinsky, Burt M. Rublin, Ronald K. Vaske

    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…

  9. Commercial Case Notes

    Usury Must be Asserted as a Defense, Not a Claim

    By John Lundin

    On March 20, 2026, Justice Boddie or the Kings County Commercial Division issued a decision in Protalus USA LLC v. Shine Capital Group LLC, 2026 NY Slip Op. 31165(U), holding…

  10. Commercial Case Notes

    Questions of Fact Regarding Legitimacy of Reconciliation Provisions Preclude Summary Judgment on Whether Agreement is a Merchant Cash Advance

    By John Lundin

    On February 19, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Pinnacle Bus. Funding LLC v. American Iron & Crane, Inc., 2026 NY Slip Op.…