Dreher Tomkies LLP FindLaw IM Template2026-06-17T03:26:30Zhttps://www.dltlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1602755/2020/10/cropped-Favicon-32x32.pngby Dreher Tomkies LLP<![CDATA[Trades File Suit Challenging Oregon’s Didmca Opt Out, Seeking Declaratory And Injunctive Relief]]>https://www.dltlaw.com/?p=486722026-06-17T03:26:30Z2026-06-17T03:25:25ZRead More]]>by Dreher Tomkies LLP<![CDATA[Merchant “Swipe Fee” Litigation Appears To Near End After 20 Years]]>https://www.dltlaw.com/?p=486692026-06-12T04:40:48Z2026-06-11T04:31:19ZJune 8, 2026), on Tuesday U.S. District Judge Brian M. Cogan in Brooklyn, New York, said a proposed settlement covering Visa, Mastercard and more than 12 million merchants was "fair, reasonable, and adequate," and that he was likely to eventually grant final approval. See In re Payment Card Interchange Fee And Merchant Discount Antitrust Litigation, No. 1:05-MD-1720 (E.D.N.Y., June 9, 2026).
In this litigation, numerous merchants accused Visa, Mastercard and banks of conspiring to violate U.S. antitrust laws, including through the card networks' collection of "swipe fees." Judge Cogan’s ruling comes nearly two years after an earlier judge rejected a proposed $30 billion settlement as “too small”. In separate statements, the National Retail Federation and the National Association of Convenience Stores have said that the revised settlement failed to address a "broken" credit card market, and the NACS’ General Counsel Doug Kantor predicted "many more objections" will be filed.
Read More]]>by Dreher Tomkies LLP<![CDATA[Interchange Fee Law Vetoed In Colorado, And Delayed In Illinois And Judge Issues New Decision Following Occ Preemption Action]]>https://www.dltlaw.com/?p=486672026-06-10T03:37:00Z2026-06-09T03:34:44ZRead More]]>by Dreher Tomkies LLP<![CDATA[California Court Issues Final Decision In Oppfi True Lender Case]]>https://www.dltlaw.com/?p=486622026-06-03T08:40:39Z2026-05-29T08:25:06ZMar. 13, 2026 and Mar. 28, 2022 and Elizabeth L. Anstaett and Mercedes C. Ramsey, Opportunity Financial LLC v. Hewlett: True Lender and Usury Issues, 77 CONSUMER FIN. L.Q. REP. 221 (2024). The court affirmed its rejection of the California Department of Financial Protection and Innovation’s (“DFPI”) claim that OppFi was the “true lender” of certain loans originated by FinWise Bank, a federally insured Utah bank, under the OppFi name (“OppFi Loans”). The DFPI could now appeal.
Read More]]>by Dreher Tomkies LLP<![CDATA[NCUA Joins OCC In Issuing Interchange Preemption Rule; Colorado Passes Interchange Bill]]>https://www.dltlaw.com/?p=486592026-05-28T05:42:41Z2026-05-26T05:27:10Zrule to the Office of Management and Budget's Office of Information and Regulatory Affairs asserting that federal law preempts the Illinois Interchange Fee Prohibition Act (IFPA), which bans the collection of interchange fees on taxes and tips and is set to become effective July 1, 2026. See our ALERT of Feb. 26, 2026. The Office of the Comptroller of the Currency (OCC) issued a similar interim final rule clarifying national banks’ power to charge non-interest charges and fees and interim final order on April 24th, confirming that federal law preempts the IFPA for national banks and federal thrifts. The OCC’s order is effective June 30, 2026.
Read More]]>by Dreher Tomkies LLP<![CDATA[State Law Questions? Our Digests Have Answers: Special Offer On New Digest Subscriptions]]>https://www.dltlaw.com/?p=486552026-05-25T04:50:08Z2026-05-21T04:40:41ZRead More]]>by Dreher Tomkies LLP<![CDATA[Second Circuit Upholds National Bank Preemption In Cantero On Remand]]>https://www.dltlaw.com/?p=486532026-05-15T07:26:02Z2026-05-15T07:25:22ZCantero v Bank of America, N.A.1 upholding national bank preemption with regard to New York’s interest on escrow law. This decision creates a clear conflict with the First Circuit in Conti and the Ninth Circuit in Kivett, setting the stage for a potential appeal to the U.S. Supreme Court for further guidance on the proper application of the “nuanced comparative analysis” required by the Supreme Court’s earlier decision in Cantero. See our ALERT of Dec. 11, 2025. The Second Circuit’s decision was not unanimous, however, so a request for en banc review is possible.
Read More]]>On Behalf of Dreher Tomkies LLP<![CDATA[10th Circuit Grants Rehearing in DIDMCA Opt-Out Case]]>https://www.dltlaw.com/?p=486492026-04-06T04:57:27Z2026-04-03T04:55:30ZDec. 18, 2025 and Jan. 27, 2026. The court’s November 10, 2025 judgment has been vacated...
Read More]]>On Behalf of Dreher Tomkies LLP<![CDATA[COURT ISSUES “TENTATIVE” DECISION IN OPPFI TRUE LENDER CASE]]>https://www.dltlaw.com/?p=486482026-03-16T04:32:41Z2026-03-14T04:29:32ZRead More]]>On Behalf of Dreher Tomkies LLP<![CDATA[5TH CIRCUIT HOLDS TCPA REQUIRES ONLY PRIOR EXPRESS CONSENT FOR TELEMARKETING (NOT WRITTEN)]]>https://www.dltlaw.com/?p=486452026-03-16T04:28:47Z2026-03-11T04:24:13ZRead More]]>