ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Judge Kendall permanently enjoins IFPA interchange fee prohibition for most banks and payment card networks

June 2, 2026
Reading Time: 5 mins read
OCC files amicus brief supporting ABA

Illinois interchange litigation
Illinois Bankers Association v. Raoul
Date: June 1, 2026

Issue: Whether the Office of the Comptroller of the Currency’s (OCC) interim final rule and interim final order sufficiently preempt the Illinois Interchange Fee Prohibition Act’s (IFPA) interchange fee provision and data usage limitation.

Case Summary: On remand, Judge Virginia Kendall of the Northern District of Illinois permanently enjoined Illinois from enforcing the IFPA’s interchange fee prohibition against national banks, out-of-state state-chartered banks covered by the Riegle-Neal Act, federal savings associations, and payment card networks.

The IFPA prohibits financial institutions from charging credit and debit card interchange fees on the portions of transactions related to state and local taxes and tips. The law also restricts the sharing of certain data obtained in the transactions.

The American Bankers Association and its co-plaintiffs (collectively ABA) sued Kwame Raoul in his official capacity as Illinois attorney general (Illinois AG) and moved for a preliminary injunction, arguing the National Bank Act (NBA), Home Owners’ Loan Act (HOLA), and Federal Credit Union Act (FCUA) preempt the IFPA. On Dec. 20, 2024, Judge Kendall issued a partial preliminary injunction blocking enforcement against national banks and federal savings associations, ruling the ABA was likely to win on the merits of its NBA and HOLA preemption claims. The court also denied relief to Illinois-chartered institutions on sovereign-immunity grounds. Judge Kendall later extended the injunction to out-of-state state-chartered banks but not to federal credit unions.

On March 17, 2025, ABA moved for summary judgment, but Judge Kendall partially upheld the IFPA, ruling that federal law does not preempt the Interchange Fee Provision, but does preempt the Data Usage Limitation. The court thus denied the ABA’s request for a permanent injunction as to the interchange fee provision but granted a permanent injunction barring enforcement of the data usage limitation. ABA and the Illinois AG both cross-appealed to the Seventh Circuit.

On March 6, 2026, ABA filed its opening brief and advanced three main arguments: the NBA, HOLA, and FCUA preempt the interchange fee provision; Riegle-Neal and traditional equity principles govern the prohibition; and the Dormant Commerce Clause bars the Illinois attorney general from imposing the IFPA’s burdens on out-of-state financial institutions while exempting those chartered in Illinois. The OCC and a group of former comptrollers also filed amicus briefs in support of ABA.

On April 26, 2026, the OCC issued an interim final rule and interim final order on the IFPA. The rule amended 12 C.F.R. § 7.4002 and confirmed that federal law permits national banks to charge certain fees, whether set by the bank or a third party. The order confirms that federal law preempts the IFPA, expressly providing that national banks and federal thrifts are neither subject to nor required to comply with this state law. As a result, the Seventh Circuit remanded the case to the Northern District of Illinois to evaluate the impact of the OCC’s actions.

The Illinois AG made six arguments in his supplemental brief:

  • Contrary to the OCC’s suggestion, the court may consider the validity of its interim rule and order in this proceeding;
  • Plaintiffs have not established that the power to receive interchange fees is one of the “incidental powers” authorized by the National Bank Act;
  • The OCC’s interim order does not directly preempt the Interchange Fee Prohibition;
  • The OCC’s preemption determination is not entitled to great weight;
  • Even if the interim rule is effective, national banks still do not have power under the regulation to receive interchange fees that are not established on a competitive basis; and
  • The OCC’s interim rule and order are irrelevant to federal credit unions and payment card networks.

On May 21, 2026, ABA filed a response brief to the Illinois AG’s supplemental brief. ABA argued the interim final measures confirm the IFPA is preempted and that the Illinois AG’s challenges to the OCC’s actions fail both procedurally and on the merits. ABA also argued that any injunction against the Interchange Fee Provision should extend to federally protected financial institutions and the payment system participants needed to provide complete relief.

Judge Kendall first rejected the OCC’s argument that the court lacked jurisdiction to consider the impact of its interim final measures because the Illinois AG had not asserted claims under the Administrative Procedure Act (APA). The court explained that its jurisdiction arose under the federal-question statute and that the OCC’s absence from the case did not prevent it from assessing the legal effect of the agency’s actions or deciding whether federal law preempts the IFPA.

Turning to the merits, Judge Kendall determined OCC’s interim final order unpersuasive and entitled to only limited weight under the Skidmore framework, which requires courts to evaluate agency preemption determinations based on the thoroughness of the agency’s analysis, the validity of its reasoning, and the consistency of its position with prior determinations. The court criticized the OCC’s reliance on an emergency exception to bypass notice-and-comment procedures, questioned whether the agency followed the statutory process Congress established for state-law-specific preemption determinations, and concluded the interim final order added little beyond confirming the OCC’s view that federal law preempts the IFPA.

On remand, Judge Kendall evaluated the impact of the revised 12 C.F.R. § 7.4002 and ruled that the OCC’s amendments materially altered the preemption analysis in the court’s February 2026 ruling as it applied to national banks, federal savings associations, and federally protected out-of-state banks. Judge Kendall determined the OCC’s revised rule materially changed the preemption analysis by expressly allowing banks to receive interchange fees through payment card networks and other third parties. Because the IFPA restricts the collection of those fees, the court concluded it conflicts with powers the OCC now recognizes as part of national banks’ federally authorized authority. Applying the Barnett Bank standard, Judge Kendall ruled that the IFPA significantly interferes with those powers by forcing banks and payment networks to alter their fee-setting practices and comply with numerous state and local tax requirements. The court therefore ruled that federal law preempts the interchange fee prohibition as applied to national banks, federal savings associations, out-of-state state-chartered banks and payment card networks.

Finally, the court granted ABA’s request for a permanent injunction and barred Illinois from enforcing the IFPA’s interchange fee prohibition against national banks, out-of-state state-chartered banks protected by federal law, federal savings associations and payment card networks. Judge Kendall held that ABA satisfied all four requirements for permanent injunctive relief by showing irreparable harm, the absence of an adequate legal remedy, a favorable balance of hardships, and that an injunction served the public interest. The court found that financial institutions would face substantial and unrecoverable compliance costs without an injunction and that some could suffer significant business disruptions. The court also determined that the balance of equities and public interest favored relief because, although Illinois has an interest in enforcing its laws, the stronger interest lies in ensuring that federal law remains supreme when state and federal law conflict.

Bottom Line: Judge Kendall held that the OCC’s revised interchange-fee regulation materially changed the preemption analysis, permanently enjoined Illinois from enforcing the IFPA’s interchange fee prohibition against national banks, federally protected out-of-state banks, federal savings associations, and payment card networks, and left intact her earlier rulings regarding federal credit unions and the IFPA’s data usage limitation.

Document: Brief

Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: Sept. 28

Uncategorized
September 28, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Sept. 21

Uncategorized
September 21, 2026

The Office of Foreign Assets Control and the Department of State announced the following sanctions action last week. Russia-related Sanctions OFAC issues Russia-Related General License: OFAC issued Russia-related General License 131J authorizing certain transactions related to the potential...

Compliance question of the month: February 2025

Compliance question of the month: September 2026

Uncategorized
September 21, 2026

Compliance QOTM answers question on Regulation B (Equal Credit Opportunity Act) adverse action notifications.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Sept. 14

Uncategorized
September 14, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA files coalition amicus brief arguing FDIC’s CMP against CBW Bank violates Jarkesy

Seventh Circuit upholds FDIC’s in-house enforcement process

Uncategorized
September 1, 2026

In a unanimous decision, a Seventh Circuit panel ruled that the FDIC did not violate the Seventh Amendment by adjudicating an enforcement action seeking a prohibition order and civil money penalty.

Fifth Circuit rules SEC must fix stock buyback rule

Tenth Circuit affirms dismissal of APA challenge to SEC enforcement action

Uncategorized
September 1, 2026

A unanimous Tenth Circuit panel affirmed the dismissal of a lawsuit challenging the SEC’s enforcement of federal anti-money laundering reporting requirements against an affiliate.

NEWSBYTES

Survey finds rising prices continue to gnaw at consumer day-to-day spending

September 28, 2026

Third court rules against Trump administration over CFPB funding

September 28, 2026

CISA issues urgent alert about vulnerabilities in remote access technology used by businesses

September 27, 2026

SPONSORED CONTENT

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026

PODCASTS

Podcast: Telling a different kind of story about community banks

September 28, 2026

Podcast: Making the jump from a high performer to a high-performing leader

September 16, 2026

Podcast: Remembering 9/11, a quarter century later

September 10, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.