Federal Ruling Sets Precedent on State Regulation of Banking Swipe Fees


In a decision that could have significant implications for state-level regulation of banking fees, Chief U.S. District Judge Virginia M. Kendall of the Northern District of Illinois ruled that federal laws preempt a state’s swipe fee law when applied to out-of-state banks. The case addresses whether the Illinois Fair Practices Agreement (IFPA) could enforce fee regulations on banks chartered outside the state. The judge noted that the statute’s language under § 1831a(j)(1) aims to ensure that out-of-state state banks can effectively compete with nationally chartered banks. This provision makes any attempt to apply the IFPA to out-of-state state banks potentially conflicting with existing federal regulations. More details can be found on the original article.