OCC

The Office of the Comptroller of the Currency (OCC) is publishing for comment a written request for the OCC’s determination of whether Federal law preempts certain provisions of the West Virginia Insurance Sales Consumer Protection Act (West Virginia Law). The purpose of this notice and request for comment is to provide interested persons with an opportunity to submit comments prior to the OCC’s issuance of any final opinion in this matter.

The Office of the Comptroller of the Currency (OCC) is updating and clarifying its rules regarding investment securities, corporate activities, and bank activities and operations. Most of the changes involve the OCC’s interpretations regarding national bank activities and operations. This final rule clarifies existing rules, adds new provisions based on recent statutory changes, judicial rulings, OCC decisions, and other developments, and makes technical changes.

In 2012, the OCC took a supervisory action that resulted in the elimination of two different credit features on Insight prepaid cards issued by Urban Trust Bank. The cards were being used by the payday lender CheckSmart to evade the payday loan laws of Arizona, Ohio, and other states. In one version, the consumer could opt in to overdraft coverage, resulting in “negative balance” fees on the prepaid card that effectively amounted to a $15 per $100 payday loan.

In 2012, the OCC took a supervisory action that resulted in the elimination of two different credit features on Insight prepaid cards issued by Urban Trust Bank. The cards were being used by the payday lender CheckSmart to evade the payday loan laws of Arizona, Ohio, and other states. In one version, the consumer could opt in to overdraft coverage, resulting in “negative balance” fees on the prepaid card that effectively amounted to a $15 per $100 payday loan.

This is a summary judgment motion in California’s challenge in the Northern District of California to an OCC rule.  The OCC rule allows non-bank assignees of national banks to charge the same interest rate that a national bank could charge even where state law would otherwise prohibit such a charge by a non-bank.

Federal law establishes that national banks and savings associations (banks) may charge interest on loans at the maximum rate permitted to any state-chartered or licensed lending institution in the state where the bank is located. In addition, banks are generally authorized to sell, assign, or otherwise transfer (transfer) loans and to enter into and assign loan contracts. Despite these authorities, recent developments have created legal uncertainty about the ongoing permissibility of the interest term after a bank transfers a loan.

Outdated – See OCC 2020-11

For more recent information, refer to Comptroller’s Handbook, 

“Residential Real Estate Lending.”