Yesterday, the Tenth Circuit entered an Order which granted the Petition for Rehearing En Banc filed by the plaintiff bank trade associations in the Colorado opt-out litigation, National Ass’n of Industrial Bankers v. Weiser....more
4/3/2026
/ Appeals ,
Banks ,
Depository Institutions ,
DIDMCA ,
En Banc Review ,
FDIA ,
FDIC ,
Loans ,
OCC ,
Opt-Outs ,
Preemption ,
State and Local Government ,
Statutory Interpretation
As we recently reported, in the wake of the Tenth Circuit’s decision in National Association of Industrial Bankers v. Weiser, 159 F.4th 694 (10th Cir. 2025), Oregon legislators re‑introduced H.B. 4116—legislation designed to...more
3/11/2026
/ Banks ,
Charter ,
Consumer Financial Products ,
Depository Institutions ,
DIDMCA ,
Financial Regulatory Reform ,
Financial Services Industry ,
Interest Rates ,
Loans ,
National Bank Act ,
Opt-Outs ,
Oregon ,
Preemption ,
Proposed Legislation ,
State Banks ,
State Legislatures ,
Usury
In the wake of the Tenth Circuit’s decision in National Association of Industrial Bankers v. Weiser, 159 F.4th 694 (10th Cir. 2025), Oregon legislators have once again introduced legislation that would “opt out” of Section...more
2/26/2026
/ Consumer Financial Products ,
Consumer Lenders ,
Depository Institutions ,
DIDMCA ,
FDIC ,
Financial Regulatory Reform ,
Financial Services Industry ,
Interest Rates ,
Loans ,
National Bank Act ,
Opt-Outs ,
Oregon ,
Preemption ,
Proposed Legislation ,
Regulatory Agenda ,
State Charters ,
State Legislatures
On February 12th, Senator Bernie Moreno (R-OH) and Representative Warren Davidson (R-OH) introduced the American Lending Fairness Act of 2026, legislation designed to restore long-standing federal interest rate exportation...more
2/17/2026
/ Banks ,
Credit Unions ,
Cross-Border Transactions ,
Depository Institutions ,
DIDMCA ,
FDIC ,
Federalism ,
Interest Rates ,
Lenders ,
National Bank Charters ,
Proposed Legislation ,
Regulatory Reform ,
State and Local Government ,
State Charters
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 panel’s 2-1 decision held that a loan...more
2/4/2026
/ Appeals ,
Appellate Courts ,
Banking Sector ,
Banks ,
Chevron Deference ,
Colorado ,
DIDMCA ,
En Banc Review ,
Insured Depository Institutions ,
Interest Rates ,
Jurisdiction ,
Lenders ,
Loans ,
Loper Bright Enterprises v Raimondo ,
Opt-Outs ,
Preemption ,
State and Local Government ,
Statutory Interpretation
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” for purposes of the opt-out provision in...more
12/19/2025
/ Amicus Briefs ,
Appeals ,
Banking Sector ,
DIDMCA ,
En Banc Review ,
FDIC ,
Interest Rates ,
Loans ,
National Bank Act ,
OCC ,
Opt-Outs ,
Petition For Rehearing ,
Preemption ,
State Banks ,
Statutory Interpretation ,
Usury
On November 10, 2025, the U.S. Court of Appeals for the Tenth Circuit, in a 2–1 decision, issued its opinion in National Association of Industrial Bankers et al. v. Weiser.
In resolving what it described as “an issue of...more
11/19/2025
/ Appeals ,
Banking Sector ,
Borrowers ,
Depository Institutions ,
DIDMCA ,
Dissenting Opinions ,
FDIA ,
FDIC ,
Federal v State Law Application ,
Financial Institutions ,
FinTech ,
Interest Rates ,
Lenders ,
Loans ,
National Bank Act ,
Preemption ,
State Banks ,
State Legislatures ,
Statutory Interpretation ,
Usury
In today’s podcast, which repurposes a recent webinar, we examine the impact, if any, of a landmark opinion rendered by Judge Daniel Domenico of the Federal District Court for the District of Colorado in a case challenging...more
Very soon, briefing by the parties in the 10th Circuit will commence with respect to Colorado’s appeal of a preliminary injunction entered by the Federal District Court for the District of Colorado. The District Court...more
We are following very closely this appeal to the 10th Circuit of the preliminary injunction issued by the Federal District Court for the District of Colorado to the plaintiffs (three trade groups) enjoining the Colorado...more
8/9/2024
/ Banks ,
Borrowers ,
Colorado ,
Consumer Financial Products ,
DIDMCA ,
FDIC ,
Financial Services Industry ,
Loans ,
National Bank Act ,
Opt-Outs ,
Preliminary Injunctions
Congress must adjust to the demise of the Chevron Deference doctrine by drastically improving its regulatory expertise, witnesses told a House Committee on July 23....more
We recently reported that on July 18 the CFPB, upon remand from the Fifth Circuit, re-filed its notice of supplemental authority in support of its motion to dismiss or transfer the case, motion to dissolve the preliminary...more
7/24/2024
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Debt Collection ,
Final Rules ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Late Fees ,
Motion to Dismiss ,
Motion to Dissolve ,
Preliminary Injunctions ,
Proposed Rules ,
Regulatory Agenda ,
Standing
We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more
7/24/2024
/ Banks ,
Colorado ,
Consumer Financial Products ,
Financial Services Industry ,
Loans ,
Motion To Stay ,
Opt-Outs ,
Preliminary Injunctions ,
Regulatory Agenda ,
Regulatory Reform ,
State Attorneys General ,
Stays
Here is an update on the lawsuit filed by three trade associations against the Colorado Attorney General and UCCC Administrator challenging the application of the Colorado opt-out statute to out-of-state, state chartered,...more
7/5/2024
/ Banks ,
Charter ,
Colorado ,
Consumer Financial Products ,
DIDMCA ,
FDIC ,
Financial Services Industry ,
First Amendment ,
Loans ,
Motion to Dismiss ,
Opt-Outs ,
Out-of-State Companies ,
Preliminary Injunctions ,
State Attorneys General
The U.S. Supreme Court on Friday overturned the long-standing Chevron Deference Doctrine, saying that judges—not federal agencies—should interpret federal laws....more
6/28/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
On April 22, 2024 (almost 2 months before Judge Daniel Domenico issued a preliminary injunction against the UCCC Administrator and Colorado Attorney General), Administrator Martha Fulford issued an Interpretive Opinion Letter...more
The Colorado federal district court hearing NAIB, et al v. Weiser, et al., the lawsuit filed by three consumer financial services industry trade groups challenging Colorado’s opt-out legislation, has granted the plaintiffs’...more
6/20/2024
/ Amicus Briefs ,
Banks ,
Borrowers ,
Colorado ,
DIDMCA ,
FDIC ,
Financial Services Industry ,
Interest Rates ,
Loans ,
National Bank Act ,
Opt-Outs ,
Out-of-State Companies ,
Preliminary Injunctions
On May 16, the U.S. District Court for the District of Colorado held a hearing in NAIB, et al v. Weiser, et al. on a motion filed by three financial services industry trade groups to preliminarily enjoin Colorado from...more
In a groundbreaking 4-3 decision headed by a 133-page majority opinion, the Colorado Supreme Court held this week that the Section Three of the Fourteenth Amendment (the Insurrection Clause) prohibits former President Donald...more
12/22/2023
/ Ballots ,
CO Supreme Court ,
Donald Trump ,
Federal Elections ,
Fourteenth Amendment ,
Insurrection ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Primary Elections ,
Statutory Interpretation
In its 2016 decision in Spokeo v. Robins, the U.S. Supreme Court held that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for statutory...more
The U.S. Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to auto title loans made to Pennsylvania residents who travel outside of Pennsylvania to obtain such loans does...more
The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more
In Johnson v. NPAS Solutions, LLC, 2020 U.S. App. LEXIS 29682, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), a panel of the Eleventh Circuit Court of Appeals ruled 2-1 that incentive awards to class representatives are...more
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that a plaintiff in a class action complaint had Article III standing and was properly awarded summary judgment when a debt collector sent...more
In a unanimous decision that will make it easier for plaintiffs in California state courts to obtain class certification, the California Supreme Court ruled that the ascertainability requirement for certification of class...more