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Interchange Fees

Arnall Golden Gregory LLP

Hot Potato: The OCC and Courts Battle Out the Fate of the Illinois Interchange Fee Prohibition Act

On April 29, 2026, the OCC, a division of the federal Department of the Treasury that regulates nationally chartered banks, issued an interim final rule and order declaring that federal law preempts Illinois’ hotly contested...more

Alston & Bird

Fintech Case Files | May 2026

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The latest edition of the Fintech Case Files, our roundup of key litigation and enforcement involving the payments and fintech industries, features the latest challenges and uncertainty around Illinois’s Interchange Fee...more

Latham & Watkins LLP

OCC Preempts Illinois Interchange Fee Law

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The OCC issued two interim final actions preempting the Illinois Interchange Fee Prohibition Act, causing the Seventh Circuit to vacate and remand related proceedings to the district court....more

Ballard Spahr LLP

Seventh Circuit Hits Reset Button in Illinois Interchange Fee Litigation After OCC “Doubles Down” on Federal Preemption under the...

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The U.S. Court of Appeals for the Seventh Circuit issued a highly significant order on May 8, 2026 in the closely watched litigation challenging the Illinois Interchange Fee Prohibition Act (“IFPA”), vacating the district...more

Orrick, Herrington & Sutcliffe LLP

Parties file supplemental briefs addressing OCC’s preemption actions in 7th Circuit Illinois interchange fee prohibition appeal

On May 6, the parties filed simultaneous supplemental briefs in litigation challenging the Illinois Interchange Fee Prohibition Act (IFPA), which remains on appeal before the 7th Circuit, while the OCC and merchant trade...more

Morrison & Foerster LLP

Monthly Deposits – Issue #2

On April 7, 2026, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC, and collectively with the OCC, the “Agencies”) issued a joint final rule eliminating reputation risk...more

Lowenstein Sandler LLP

FinTech Five - Lowenstein's FinTech, Crypto, Trading & Markets Newsletter - May 5, 2026

On April 17, the Securities and Exchange Commission (SEC) published with immediate effectiveness a New York Stock Exchange (NYSE) proposed rule change that permits the trading of securities on the exchange in tokenized form....more

Orrick, Herrington & Sutcliffe LLP

OCC preempts Illinois interchange fee law, clarifies bank authority to charge non-interest fees

On April 24, the OCC issued an interim final rule and an interim final order related to the Illinois Interchange Fee Prohibition Act (IFPA), which bans interchange fees on the tax or gratuity portions of a transaction and...more

Moore & Van Allen PLLC

OCC Responds to the District Court’s Decision in Illinois Bankers Association v. Raoul by Issuing Interim Final Actions Addressing...

On April 24, 2026, the Office of the Comptroller of the Currency (OCC) issued two coordinated interim final actions: an Interim Final Rule amending 12 CFR § 7.4002 governing national bank non‑interest charges and fees...more

Sheppard

OCC Asserts Federal Preemption Over Illinois Interchange Fee Law

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On April 24, the OCC announced an interim final rule and a related interim final order clarifying national banks’ authority to charge non-interest fees and concluding that federal law preempts the embattled Illinois...more

Goodwin

OCC Clarifies Fee Authority and Preemption Under the National Bank Act

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In April 2026, the Office of the Comptroller of the Currency issued two coordinated interim actions addressing national banks’ authority to impose certain fees. ...more

Ballard Spahr LLP

OCC Doubles Down on Interchange Fee Preemption Against the Backdrop of High-Stakes Seventh Circuit Litigation and a Post-Loper...

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In a pair of coordinated actions on April 24, 2026, the Office of the Comptroller of the Currency (OCC) moved to reaffirm and expand the scope of National Bank Act (NBA) preemption to credit and debit card interchange fees...more

Orrick, Herrington & Sutcliffe LLP

OCC submits interim final rule, preemption determination to OMB on Illinois Interchange Fee Prohibition Act’s applicability to...

On April 14, the OCC submitted an interim final rule and a preemption determination to the OMB’s Office of Information and Regulatory Affairs (OIRA) for review under Executive Order 12866 (as amended). The interim final rule,...more

Orrick, Herrington & Sutcliffe LLP

Illinois attorney general files brief in state interchange fee prohibition appeal

On April 3, the Illinois attorney general filed a combined principal and response brief in the U.S. Court of Appeals for the 7th Circuit, urging the court to affirm the district court’s ruling that the Illinois Interchange...more

Troutman Pepper Locke

Illinois AG Defends State’s Interchange Fees Prohibition and Data Usage Limitation on Appeal

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The Illinois attorney general (AG) recently filed a brief defending the Illinois Interchange Fee Prohibition Act (IFPA) in an appeal arising out of litigation captioned Illinois Bankers Association v. Raoul. The AG asked the...more

Hogan Lovells

UK Competition Litigation Quarterly Update: Q1 2026

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The first three months of 2026 have delivered a number of notable competition litigation developments. So, here are our five developments from this quarter that are worth highlighting. In the latest judgment in the...more

K&L Gates LLP

Australia: Card Payments Costs And Surcharging Reforms – What It Means For The Payments Industry

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On 31 March 2026, the Reserve Bank of Australia (RBA) published its conclusions paper titled Merchant Card Payments Costs and Surcharging. Key Takeaways The RBA outlined a range of changes including three key reforms to...more

Herbert Smith Freehills Kramer

RBA releases conclusions of its Review of Merchant Card Payment Costs and Surcharging

Australia’s payment system has been the subject of a multi-pronged review with proposals for reform at various stages and across various aspects of Australia’s payments ecosystem. At the end of March 2026, the Reserve Bank of...more

Hinshaw & Culbertson - Consumer Crossroads

The OCC Weighs in on Contentious Seventh Circuit Appeal of Illinois’ “Swipe-Fee” Law

Just five weeks after the United States District Court for the Northern District of Illinois largely upheld the Illinois Interchange Fee Prohibition Act (IFPA), on March 16, 2026, the Office of the Comptroller of Currency...more

Latham & Watkins LLP

Illinois Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

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In February, the court in Illinois Bankers Association v. Raoul found that the Illinois Interchange Fee Prohibition Act does not directly regulate national banks and falls outside National Bank Act, or NBA, preemption because...more

Krieg DeVault

Illinois District Court Upholds Interchange Fee Restrictions

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Banks and credit unions are preparing for the loss of interchange fees on Illinois debit and credit card transactions following the court’s decision in Illinois Bankers Association et al. v. Raoul, No. 24-7307 (N.D. Ill. Feb....more

Orrick, Herrington & Sutcliffe LLP

OCC urges Seventh Circuit to reverse interchange fee ruling, affirm data usage preemption

On March 13, the OCC filed an amicus curiae brief in the U.S. Court of Appeals for the 7th Circuit, urging the court to reverse the district court’s ruling on the Illinois Interchange Fee Prohibition Act’s (IFPA) interchange...more

A&O Shearman

UK PSR Seeks Views On Draft Merchant Survey Questionnaire For Cross Border Interchange Fees

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The UK Payment Systems Regulator (PSR) has published an invitation to comment on a revised draft questionnaire for a proposed survey of UK merchants as part of its review of cross border interchange fee remedies. The survey...more

McGuireWoods LLP

European Competition Law Newsletter — March 2026

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‘Anti-Copycatting’ Investigation Demonstrates Wide Range of Dominance Allegations and Benefits of Complaints- On 16 February 2026, the European Commission (EC) announced it closed an investigation into whether a medical...more

Latham & Watkins LLP

Federal Court Partially Upholds Illinois Law Limiting Interchange Fees

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The decision clears a legal path for state-level regulation of credit and debit card swipe fees (while striking down data usage restrictions), setting the stage for a high-stakes appeal....more

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