Supreme Court Hears OCC Preemption Arguments
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Supreme Court Hears OCC Preemption Arguments
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The U.S. Supreme Court heard arguments on April 28, 2009, on the question of whether state officials are barred by the National Bank Act and regulations of the Office of the Comptroller (“OCC”) from enforcing state consumer protection laws against national banks. The Supreme Court is reviewing the decision of the U.S. Circuit Court of Appeals for the Second Circuit in Cuomo v. The Clearing House Assn . In that decision, the Second Circuit ruled that the OCC’s exclusive visitorial authority over national banks prevents New York (and other states) from enforcing state fair lending laws against national banks. The case arose when, in 2005, then-New York State Attorney General Eliot Spitzer began an investigation into mortgage lending practices and asked four banks for information on their home mortgage loan
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