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2d Cir. Says NBA Doesn’t Pre-empt New York Usury Laws For Debt Buyer Attempting to Collect Interest Permissible to Credit Card Issuer Under Delaware Law

by Scott J. Hyman |

In Madden v. Midland Funding, LLC, --- F.3d ----, 2015 WL 2435657 (2d Cir. 2015), the Court of Appeals for the Second Circuit found that the NBA did not pre-empt New York state usury claim arising out of debt collector’s attempt to collect the credit card issuer’s interest that was permissible as to the credit card issuer out of Delaware… Read More

District Court (Fla.) Holds NBA Does Not Pre-Empt State’s Fair Debt Collection Law

by Scott J. Hyman |

In In re Bate, --- B.R. ----, 2011 WL 2469689 (Bkrtcy.M.D.Fla. 2011), Bankruptcy Judge Williamson held that although the National Bank Act preempts state laws that prevent or significantly interfere with the exercise by national banks of their powers, and the Florida Consumer Collection Practices Act applies generally to all creditors and prohibits inappropriate debt collection practices, the FCCPA does… Read More