United States Second Circuit

In a putative class action alleging a bank's violations of the Fair Debt Collection Practices Act (FDCPA) and New York's usury law, the district court's order in favor of defendants denying class certification and holding that the plaintiff's claims are preempted by the National Bank Act is reversed where non‐national bank entities are not entitled to protection under the National Bank Act from state law usury claims merely because they are assignees of a national bank.

Appellate Information

• Decided 05/22/2015
• Published 05/22/2015

Judges

• STRAUB

Court

• United States Second Circuit

Counsel