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Buckley LLP | USA | 31 Jan 2020

National bank settles overdraft fee MDL

On January 24, the U.S. District Court for the District of South Carolina entered final judgment for the approval of a $43 million settlement between


Morrison & Foerster LLP | USA | 29 Jan 2020

Attorneys General Push Against OCC’s Attempts to Codify “Valid When Made” Rule

On January 21, 2020, twenty-two State Attorneys General and the Hawaii Office of Consumer Protection submitted a comment letter to the Office of the


Buckley LLP | USA | 24 Jan 2020

State AGs urge OCC to withdraw Madden proposal

On January 21, a bipartisan collation of Attorneys General from 21 states and the District of Columbia, along with the Hawaii Office of Consumer


Dechert LLP | USA | 20 Dec 2019

Federal Regulators to the Rescue? The OCC and FDIC Propose Rules to Address Madden Risk.

With the hope of finally addressing the uncertainty created by the U.S. Second Circuit Court of Appeal's holding in Madden v. Midland Funding, the


Eversheds Sutherland (US) LLP | USA | 1 Nov 2019

Southern District of New York rules against OCC fintech charter

On October 23, the District Court for the Southern District of New York (SDNY) issued a final judgment setting aside in relevant part the regulation1


Manatt Phelps & Phillips LLP | USA | 3 Jul 2019

Putative Class Action Attacks Securitization Based On Madden Case

On June 12, 2019, three holders of credit cards issued by a National Bank brought a putative class action in the Eastern District of New York


Mayer Brown | USA | 3 May 2019

Federal Court Allows New York Department of Financial Services to Proceed with Lawsuit Challenging Proposed OCC Fintech Charter

On Thursday (May 2, 2019), a federal district court in the Southern District of New York issued an order allowing the New York Department of


Troutman Sanders LLP | USA | 29 Mar 2019

First Circuit Rules Sustained Overdraft Fees Do Not Qualify as Interest under National Bank Act

In a decision issued on March 26, the Court of Appeals for the First Circuit found that appellee Citizens Bank’s “Sustained Overdraft Fees” do not


Buckley LLP | USA | 28 Mar 2019

1st Circuit: “Sustained Overdraft Fees” are not interest under the National Bank Act

On March 26, the U.S. Court of Appeals for the 1st Circuit affirmed a district court’s decision to dismiss putative class action allegations that a


Manatt Phelps & Phillips LLP | USA | 27 Mar 2019

Madden Litigation Sputters Out With Settlement

After eight years of litigationand a major ruling from the U.S. Court of Appeals for the Second Circuit that has spawned uncertainty and a

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