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nid 92210
Apr 24, 2026
pdonofrio@vixio.com
US Track 2
Office of the Comptroller of the Currency
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On April 24, 2026, the Office of the Comptroller of the Currency (OCC) announced an interim final rule and interim final order addressing the powers of national banks and Federal savings associations under Federal law, specifically in relation to fee-charging activities and state-level regulatory conflicts.
The interim final rule clarifies longstanding Federal powers enabling national banks to charge certain fees, whether those fees are set by the bank or a third party. This action addresses recent questions regarding the compatibility of these powers with the Illinois Interchange Fee Prohibition Act (IFPA), which becomes effective on July 1, 2026. The OCC determined that the IFPA would create a complex, potentially unworkable, and destabilizing standard for national banks, Federal savings associations, and the nation's payment card systems. The OCC noted that similar unworkable or conflicting standards imposed by other states could exacerbate these effects.
The interim final order confirms that Federal law preempts the IFPA, expressly providing that national banks and Federal savings associations are neither subject to nor required to comply with this state law. The OCC emphasised that these actions do not affect or conflict with the applicability of other Federal laws governing banks' payment card activities. By appropriately applying preemption to the IFPA, the OCC affirmed the Federal government's ability to set consistent standards governing payment card activities of national banks and Federal savings associations, including interchange fees.
The comment period for both the interim final rule and interim final order closes 30 days after publication in the Federal Register.
REFERENCES:
Office of the Comptroller of the Currency. (2026, April 24). OCC Issues Two Interim Final Actions Clarifying Bank Powers under Federal Law and the Preemption of a Related State Law. Retrieved from OCC Newsroom.
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1251 charsUS Office of the Comptroller of the Currency Issues Interim Final Actions Preempting the Illinois Interchange Fee Prohibition Act
On April 24, 2026, the US Office of the Comptroller of the Currency (OCC) published an interim final rule and interim final order preempting the Illinois Interchange Fee Prohibition Act (IFPA) relative to its application to OCC-supervised banks.
The IFPA, which is set to take effect on July 1, 2026, would ban banks from charging or receiving interchange fees in Illinois on the portion of a debit or credit card transaction attributable to tax or gratuity.
According to the OCC , the IFPA would create “a complex, potentially unworkable and destabilizing standard for national banks, federal savings associations and the nation’s payment card systems”, adding that the “effects could be exacerbated to the extent other states impose similarly unworkable or conflicting standards”.
The OCC's interim final rule confirms powers under federal law for national banks to charge certain fees, regardless of whether those fees are set by the bank or a third party.
The OCC’s interim final order further confirms that federal law preempts the IFPA, expressly providing that national banks are neither subject to nor required to comply with the IFPA.
Interested parties may submit comments on both interim final actions until May 27, 2026 at this link .