A group of state attorneys general,
led by New York A.G. Letitia James, are attempting to stop the
Office of the Comptroller of the Currency ("OCC") from
implementing its new
True Lender Rule that is now in effect. The state
attorneys general allege that by implementing the Rule, the OCC is
once again fostering abusive lending practices like it did before
the 2008 financial crisis,
as recognized by Congress.
On January 5, 2021, the attorneys general
filed suit against the OCC and Acting Comptroller Brian
Brooks in the Southern District of New York. The attorneys general
allege the True Lender Rule is in direct conflict with the National
Bank Act ("NBA") and the Dodd-Frank Act, exceeds the
OCC's authority to regulate under the NBA, and violates the
Administrative Procedure Act.