NCUA adopts rule to assert federal preemption over state interchange laws | ABA Banking Journal

https://bankingjournal.aba.com/2026/06/ncua-adopts-rule-to-assert-federal-preemption-over-state-interchange-laws/
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2026-06-09 14:12:53 · pdonofrio@vixio.com
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A court did not exempt federal credit unions from the Illinois interchange fee prohibition, as the OCC rule did not cover them.

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TITLE: National Credit Union Administration Adopts Rule Asserting Federal Preemption Over State Interchange Laws BODY: On June 8, 2026, the National Credit Union Administration (NCUA) adopted an interim final rule to clarify the authority of federal credit unions to charge certain fees, asserting federal preemption over state interchange laws. The rule responds to the Illinois Interchange Fee Prohibition Act (IFPA), which bans the collection of interchange fees on portions of debit or credit card transactions attributable to tax or gratuity. A federal district court recently issued a permanent injunction against enforcement of most of the IFPA after the Office of the Comptroller of the Currency (OCC) issued an interim final rule confirming national banks' longstanding federal authority to charge such fees. The court did not extend this exemption to federal credit unions, prompting the NCUA action. The NCUA's interim final rule preempts any state law affecting non-interest charges and fees related to federal credit unions' payment card services, including the IFPA. The rule mirrors the OCC's interim final order, which asserted that federal law preempts the IFPA for national banks. The American Bankers Association (ABA) and other organizations challenging the IFPA in court said the NCUA's action, combined with the OCC's efforts, provides clarity that federal law governs these activities and prevents a patchwork of conflicting state requirements. The ABA stated the rule strengthens the legal foundation in ongoing litigation and underscores that the law should not apply to any financial institution type. The organizations called for either a definitive court resolution reaffirming federal preemption for all banks and credit unions or repeal of the IFPA by the Illinois General Assembly to ensure consistency and stability in the national payments system.
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