DIDMCA RESOURCES
AFSA RESOURCES
DIDMCA State Legislative History Project
DIDMCA Fact Sheet
AFSA American Banker Op-ed
DIDMCA Issue Brief
DIDMCA Talking Points
DIDMCA STATE ACTIVITY
2026
New York
- Senate Opt-Out Bill
Rhode Island
- Senate Opt-Out Bill
Oregon House
- Opt-Out Bill, AFSA Comment Letter, AFSA Testimony, AFSA Veto Letter, Joint Trades Veto Letter
2025
Oregon
Rhode Island
- Senate Opt-Out Bill
Rhode Island
2024
Minnesota
Nevada
- Ballot Initiative (See Below)
Rhode Island
Rhode Island
Washington DC
AFSA AND OTHER PLAINTIFFS’ LAWSUIT CHALLENGING 2026 OREGON OPT-OUT LAW
August 25, 2026 NCLC and CRL Amici Cureau in Support of Defendant’s Opposition to Plaintiffs’ Motion to Dismiss
August 6, 2026 Defendant’s Answer to Plaintiffs’ Complaint
July 28, 2026 Utah and 14 Other States’ Amicus in Support of Plaintiffs’ Motion for Preliminary Injunction and Memorandum
July 28, 2026 OCC Amici Cureau in Support of Plaintiffs’ Motion for Preliminary Injunction and Memorandum
July 28, 2026 FDIC Amici Cureau in Support of Plaintiffs’ Motion for Preliminary Injunction and Memorandum
July 28, 2026 Bank Trades Amici Cureau in Support of Plaintiffs’ Motion for Preliminary Injunction and Memorandum
July 9, 2026 Plaintiffs’ Motion for Preliminary Injunction and Memorandum
June 15, 2026 Complaint filed
April 7, 2026 Opt-out law signed by Governor
AFSA AND OTHER PLAINTIFFS’ LAWSUIT CHALLENGING 2023 COLORADO OPT-OUT LAW
2026
August 18, 2026 En banc oral argument
July 22, 2026 Plaintiffs-Appellees’ Supplemental En Banc Reply Brief
July 15, 2026 Brief of Amici Curiae 11 States Plus District of Columbia
July 15, 2026 Brief of Amicus Curiae Thomas J. Miller, Former Attorney General of Iowa, in Support of Defendants-Appellants and Reversal
July 15, 2026 Supplemental Brief of Amici Curiae Former FDIC Board Members Martin J. Gruenberg and Richard Cordray in Support of Defendants-Appellants
July 8, 2026 Colorado’s En Banc Supplemental Response Brief
April 2, 2026 Order granting rehearing en banc
January 21, 2026 Defendants-Appellants’ Response to Petition for Rehearing En Banc
2025
December 16, 2025 OCC Amicus Brief in Support of Rehearing
December 16, 2025 FDIC Amicus Brief in Support of Rehearing
December 16, 2025 Brief of Amici Curiae ABA, BOI, & 52 State Bankers Associations
December 16, 2025 State AGs Amicus Brief in Support of Rehearing
December 9, 2025 NAIB v. Weiser Petition for Rehearing En Banc
November 10, 2025 10th Circuit Decision
March 18, 2025 10th Circuit oral argument hearing
February 24, 2025 FDIC formal withdrawal
2024
December 20, 2024 Colorado’s Reply Brief
November 22, 2024 State Bankers Association Amicus Brief in support of Plaintiffs
November 22, 2024 Utah and 11 other states Amicus Brief in support of Appellees
November 22, 2024 American Bankers Association, Bank Policy Institute, & Consumer Bankers Association Amicus Brief in support of Plaintiffs
October 11, 2024 District Court Order Denying Colorado’s Motion to Stay Preliminary Injunction
September 23, 2024 Bell Policy Center Amicus Brief in Support of Defendants Appellants’ Request for Reversal
September 23, 2024 Federal Deposit Insurance Corporation’s Amicus Brief in Support of Defendants Appellants
September 23, 2024 Center for Responsible Lending & National Consumer Law Center Amicus Brief in support of Colorado
September 20, 2024 Attorneys General Amicus Brief in support of Colorado
September 16, 2024 Colorado 10th Circuit Opening Brief
August 23, 2024 Defendants’ Reply in Support of Motion for Stay of the Preliminary Injunction Pending Appeal
August 9, 2024 Declaration in Support of Plaintiffs’ Response to Defendants’ Motion for Stay of the Preliminary Injunction
August 9, 2024 Plaintiffs’ Response to Defendants’ Motion for Stay of the Preliminary Injunction pending Appeal
July 19, 2024 Defendants’ Unopposed Motion to Stay the District Court Proceedings Pending Resolution of the Preliminary Injunction Appeal Filed
July 19, 2024 Motion for Stay of the Preliminary Injunction Pending Appeal Filed
July 18, 2024 Notice of Appeal filed
June 18, 2024 Order granting Motion for Preliminary Injunction
May 16th, 2024 Preliminary Injunction motion hearing 9:00 am
May 13, 2024 Defendants’ Motion to Dismiss
May 10, 2024 Amici Curiae of ABA and CBA in Support of Plaintiffs
May 10, 2024 Unopposed Motion of ABA and CBA for Leave to File Amici Curiae Brief in Support of Plaintiffs
May 7, 2024 Plaintiffs’ Reply in Support of their Motion for Preliminary Injunction
April 23, 2024 FDIC amicus brief filed in support of Defendants
April 23, 2024 Defendants’ Response in Opposition to Motion for Preliminary Injunction
April 2, 2024 Preliminary injunction motion filed
March 25, 2024 Complaint filed
2023
June 5, 2023 Opt-out law passed
NEVADA BALLOT INITIATIVE
November 20, 2024 Nevada Suggestion of Mootness to Supreme Court
November 20, 2024 Signature deadline
September 20, 2024 Appellants’ Response to Respondents’ Motion to Expedite
September 9, 2024 Filed Respondent Limited Answering Brief
September 5, 2024 Filed Appellants’ Opening Brief
August 26, 2024 Filed Appellants’ (Alliance for Responsible Consumer Legal Funding and Preferred Capital Funding Nevada, LLC) Opening Brief
August 26, 2024 Filed Appellants’ (Activehours Inc. and Stacy Press) Opening Brief
August 26, 2024 Appellants’ (i.e. second initiative opponents) opening briefs due (Dailypay vs. Aguilar)
July 11, 2024 Nevada Supreme Court Order denying second initiative opponents’ Motion for Summary Reversal of district court order upholding second initiative, and denying proponents’ request to expedite briefing (Dailypay vs. Aguilar)
June 24, 2024 Nevada Independent article on lawsuits
June 20, 2024 Nevada Supreme Court Order upholding district court decision barring circulation of first initiative (Feldman vs. Aguilar)
May 8, 2024 Initiative opponents’ Notice of Appeal and subsequent (May 29th) Motion for Summary Reversal district court order upholding second initiative to Nevada Supreme Court (Dailypay vs. Aguilar)
April 17, 2024 Initiative proponents’ Notice of Appeal first initiative dismissal order to Nevada Supreme Court (Feldman vs. Aguilar)
April 12, 2024 District Court Order upholding second initiative
April 12, 2024 District Court Order barring petition circulation on first initiative
January 24, 2024 Second initiative filed
January 4, 2024 First initiative (includes collections) filed
ADDITIONAL AFSA RESOURCES
DIDMCA Expectation States 2025
DIDMCA Expectation States as of 02.23.2024
DIDMCA White Paper June 2023
2026 DIDMCA LEGISLATION
In 2026, Oregon and Rhode Island considered legislation to opt out of provisions of Section 521 of DIDMCA, which generally permits state-chartered, federally insured banks to charge interest at rates allowed by their home state when lending across state lines.
Oregon – HB 4116
- Enacted: DIDMCA opt-out for covered consumer finance loans.
Rhode Island – H 7850/S 2206
- Did Not Advance: DIDMCA opt-out bills held for further study.