Preemption Actions

Set forth below is a list of certain preemption actions taken by the Office of the Comptroller of the Currency consistent with Article VI, Clause 2 of the U.S. Constitution, which provides that a state or U.S. territory law that conflicts with federal law is preempted.

Interchange Fees
IBA v. Raoul, Amicus Brief in Support of Plaintiffs’ Motion for a Preliminary Injunction (N.D. Ill., Oct. 2, 2024)
IBA v. Raoul, Amicus Brief in Support of Plaintiffs-Appellants and Seeking Reversal in Part and Affirmance in Part (7th Cir., Mar. 13, 2026)
Order Preempting the Illinois Interchange Fee Prohibition Act (91 FR 23150, Apr. 29, 2026) (State law that prohibits national banks and federal savings associations from charging or receiving interchange fees on the tax and gratuity portions of payment card transactions and restricts their use of payment card transaction data. Refer to the order for the specific preempted state law.); see also National Bank Non-Interest Charges and Fees (91 FR 22989, Apr. 29, 2026)
IBA v. Raoul, Motion to File Appended Supplemental Amicus Brief; Supplemental Amicus Brief in Support of Plaintiffs-Appellants (7th Cir., May 6, 2026)
IBA v. Raoul, Amicus Brief in Support of Plaintiffs (N.D. Ill., May 22, 2026); see also IBA v. Raoul, Notice of Lodging of Amicus Brief (N.D. Ill., May 22, 2026)

Interest on Mortgage Escrow Accounts
Lusnak v. Bank of America, Amicus Brief in Support of Appellee’s Petition for Rehearing En Banc (9th Cir., Apr. 23, 2018); see also Lusnak v. Bank of America, Notice of Errata in Amicus Brief in Support of Appellee’s Petition for Rehearing En Banc (9th Cir., Apr. 24, 2018)
Hymes v. Bank of America and Cantero v. Bank of America, Amicus Brief in Support of Defendant’s Motion for Certification of Interlocutory Appeal (E.D.N.Y. Nov. 7, 2019)
Cantero v. Bank of America, Amicus Brief in Support of Defendant-Appellant (2d Cir., June 15, 2021)
Hymes v. Bank of America, Amicus Brief in Support of Defendant-Appellant (2d Cir., June 15, 2021)
Kivett v. Flagstar, Amicus Brief in Support of Defendant-Appellant’s Petition for Rehearing En Banc (9th Cir., Nov. 25, 2025)
Preemption Determination: State Interest-on-Escrow Laws (91 FR 29350, May 19, 2026) (State laws that require national banks and federal savings associations to pay interest or other compensation on funds placed in certain real estate escrow accounts and, in some cases, restrict their assessment of fees in connection with such accounts. Refer to the preemption determination for a list of the specific state laws preempted.); see also Real Estate Lending Escrow Accounts (91 FR 29340, May 19, 2026)

Interest Rate Exportation
Madden v. Midland, Amicus Brief in Support of Denial of Certiorari (U.S. Supreme Court, May 2016)
NAIB v. Weiser, Amicus Brief in Support of Plaintiffs-Appellees’ Petition for Rehearing En Banc (10th Cir., Dec. 16, 2025)
NAIB v. Weiser, Amicus Brief in Support of Plaintiffs-Appellees and Affirmance of the Preliminary Injunction Upon En Banc Review (10th Cir., June 4, 2026)