Topic
Usury
137 published works
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…
Canadian Lawyer Mag
Alberta illegal lending investigation leads to guilty pleas, fines and peace bond
Investigators found unlawful interest rates and intimidation tactics used to collect debts
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
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…
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…
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…
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…
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…
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…
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.…