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Banking Law Keyed to Carnell, 7th Ed.
Cuomo v. Clearing House Association, LLC
Citation:
557 U.S. 519, 129 S. Ct. 2710 (2009)Facts
In 2005, Eliot Spitzer, then Attorney General of New York, sent letters to several national banks making a request “in lieu of subpoena” for non-public information about their lending practices to determine whether the banks had violated the state’s fair lending laws. His successor, Andrew Cuomo, continued this effort. The OCC and the Clearing House Association brought suit to enjoin the information request, claiming that the OCC’s regulation under the National Bank Act prohibited that form of state law enforcement against national banks. The OCC’s regulation interpreted the statutory term “visitorial powers” to include “prosecuting enforcement actions” by state officials. The District Court and Court of Appeals both ruled in favor of the OCC and Clearing House, holding that states could not enforce their laws against national banks. The case presented the question of whether the OCC’s regulation, which interpreted the National Bank Act to preempt state enforcement of state laws against national banks, was a reasonable interpretation of the statute.
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