Federal Case

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, for purposes of determining the legality of late fees charged to customers, the true party in interest was the national bank that issued the credit, processed and serviced 22 customer accounts, and set terms such as interest rates and late fees
• explaining that the bank was a wholly-owned subsidiary of the servicing agent
• finding complete preemption under National Bank Act although bank extending credit was not a party to the state court action
• finding that the bank set the fees being challenged
• “We have held that sections 85 and 86 ... completely preempt state law claims of usury brought against a national bank.”
• NBA preemption applies if the originating entity is a 25 bank, even if subsequent assignees are non-bank entities

Source: CourtListener parenthetical corpus (CC0).