The en banc Tenth Circuit continues to receive substantial support for affirming the district court’s decision in National Association of Industrial Bankers v. Weiser, the closely watched case addressing the scope of the opt-out provision in Section 525 of the Depository Institutions Deregulation and Monetary Control Act’s (“DIDMCA”), which empowers a state to opt out of the interest rate provisions in Section 521 of DIDMCA with respect to “loans made in such State.”… Continue Reading
Twenty-One States File Amicus Brief Supporting Challenge to Colorado’s Effort to Regulate Interest Rates Charged by Out-of-State State Banks
The en banc proceedings in National Association of Industrial Bankers v. Weiser continue to attract significant attention. On June 4, 2026, the attorneys general of Utah and 20 other states filed an amicus brief urging the U.S. Court of Appeals for the Tenth Circuit to affirm the district court’s decision enjoining Colorado’s attempt to utilize its opt out pursuant to Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) as a basis to regulate the interest rates charged to Colorado borrowers by out -of-state state banks.… Continue Reading
FDIC Files Amicus Brief Supporting Challenge to Colorado’s Opt-Out Interest Rate Law
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 in National Association of Industrial Bankers v. Weiser, strongly supporting the plaintiffs-appellees’ challenge to Colorado’s attempt to apply its usury laws to loans made by out-of-state, state-chartered banks.… Continue Reading
OCC Files Amicus Brief Supporting Challenge to Colorado’s Opt-Out Law and Defending Longstanding Interest-Rate Exportation Principles
Posted in OCC, State Regulation
On June 4, 2026, the Office of the Comptroller of the Currency (OCC) filed an amicus brief in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v. Weiser, urging the court to affirm the district court’s preliminary injunction against Colorado’s opt-out statute and reject Colorado’s attempt to apply its interest-rate restrictions to loans made by out-of-state state-chartered banks.… Continue Reading
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
Posted in State Regulation, Usury
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 in the en banc proceeding pending before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v.… Continue Reading
Plaintiffs Tell Tenth Circuit En Banc Court That Colorado’s Opt-Out Law Cannot Reach Loans Made by Out-of-State State-Chartered Banks
Posted in State Regulation
The plaintiffs-appellees in National Association of Industrial Bankers v. Weiser have filed their supplemental en banc brief in the Tenth Circuit, urging the full court to reject the panel majority’s interpretation of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) and affirm the district court’s preliminary injunction against Colorado’s opt-out statute.… Continue Reading
CFPB Issues Guidance on Consideration of Immigration Status Based on Ability to Repay Requirements Without Providing Sufficient Detail to Assist Creditors
When the CFPB and Department of Justice withdrew a joint statement on the consideration of immigration status under the Equal Credit Opportunity Act in January 2026, we pointed out that “the agencies could have, but did not, [seek] to reduce compliance burdens by providing helpful guidance on how creditors may appropriately consider an applicant’s immigration status under ECOA.… Continue Reading
Banking agencies update interagency documents to remove reputational risk references
By Ballard CFS Group on
The Federal Reserve Board, FDIC and OCC have jointly updated interagency documents to delete references to reputational risk.
The agencies took this action to complement their earlier actions to end the use of reputational risk in supervision.
“As the agencies have previously noted, reputation risk can be misused by supervisors as a basis to encourage or pressure a bank to restrict individuals’ and legal businesses’ access to financial services due to their constitutionally protected political or religious beliefs, speech, or conduct or lawful business activities,” the agencies said, in a joint statement.… Continue Reading
Ballard Spahr’s Consumer Financial Services Group Earns National Recognition Again from Chambers USA in 2026
By Ballard CFS Group on
Posted in General
We are pleased to announce that Ballard Spahr’s Consumer Financial Services Group has once again been recognized by Chambers USA: America’s Leading Lawyers for Business in all three nationwide consumer finance categories: Compliance, Enforcement & Investigations, and Litigation.
Since Chambers first established these nationwide consumer finance rankings, our Consumer Financial Services Group has been ranked in each category every year.… Continue Reading
Today’s podcast episode: Fireside Chat with Simon Taylor and Adam Maarec
By Ballard CFS Group on
Posted in Artificial Intelligence, BSA/AML, CFPB, Crypto, Fintech, Podcasts, Regulatory and Enforcement
In this episode, Adam Maarec sits down with fintech thought leader Simon Taylor for a lively fireside chat focused on the rapidly evolving world of fintech, payments, and banking innovation. Adam, an experienced legal and regulatory advisor in financial services, and Simon, widely recognized for his writing, podcasts, and advisory work with fintechs, banks, VCs, and regulators, delve into some of the most relevant challenges and opportunities shaping the industry today.… Continue Reading