Opposition to the OCC’s fintech charter continues with a new lawsuit filed by the Conference of State Bank Supervisors which says the OCC does not have the legal authority to issue the fintech charter that it has proposed; the lawsuit says the OCC will need “specific congressional approval” for the charter and that nondepository companies are not considered to be engaged in the business of banking; preemption of state consumer protection laws has evoked strong opposition to the OCC’s fintech charter and the lawsuit by the Conference of State Bank Supervisors is the first court action taken by an opposing party; the OCC’s financial inclusion provisions, lack of clarity on state mandated requirements such as interest rate caps, default rate limitations and underwriting standards, and lack of detail on business factors including capital requirements and other balance sheet measures have caused decreasing support for the charter overall. Source
