Federal Laws Also Preempt State's Swipe Fee Law on Out-of-State Banks, Judge Rules
"The statute’s plain language clearly suggests that § 1831a(j)(1) is meant to ensure that out-of-state state banks can compete with nationally chartered banks. This means that because the court granted the preliminary injunction with respect to nationally chartered banks, forcing out-of-state state banks to comply with the IFPA would run afoul of § 1831a(j)(1)," said Chief U.S. District Judge Virginia M. Kendall for the Northern District of Illinois.
February 07, 2025 at 05:12 PM
3 minute read
A federal judge in Illinois extended a portion of Illinois Bankers Association's request for a preliminary injunction over a controversial "swipe fees" to include out-of-state banks, finding federal law likely preempts the state law set to go into effect later this year.
In December, Chief U.S. District Judge Virginia M. Kendall for the Northern District of Illinois in part ruled that the National Bank Act likely preempted the Illinois Interchange Fee Prohibition Act, which was set to take effect July 1 to limit the amount credit and debit card companies can charge to process transactions. The plaintiffs also argued that the Riegle-Neal Interstate Banking and Branching Efficiency Act, which sets uniform standards for interstate banking, also preempts the state law as it applies to out-of-state banks.
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