Fair Credit Reporting: 13.7.2 State Authority Over National Banks and Thrifts
Prior to 2009, the OCC took the position the National Bank Act—which provides that national banks are not subject to “visitorial powers” by state officials236—also prohibited states from suing national banks to enforce consumer protection statutes.237 The OCC promulgated regulations interpreting the NBA which provided that, with respect to national banks, state officials could not “prosecut[e] enforcement actions” or “enforce[e] compliance with any applicable Federal or state laws concerning” “a