News Release 2022-13 | February 9, 2022

Acting Comptroller Issues Statement on Court Decision Regarding ‘Madden’ Rule

WASHINGTON—Acting Comptroller of the Currency Michael J. Hsu issued the following statement regarding the decision issued by the District Court for the Northern District of California in the litigation challenging the Office of the Comptroller of the Currency (OCC) rule to clarify the permissible interest on transferred loans.

Today, the district court affirmed the validity of the OCC’s rule, which provides that when a national bank or state or federal savings association sells, assigns, or otherwise transfers a loan, the interest permissible before the transfer continues to be permissible after the transfer.

This legal certainty should be used to the benefit of consumers and not be abused. I want to reiterate that predatory lending has no place in the federal banking system. The OCC is committed to strong supervision that expands financial inclusion and ensures banks are not used as a vehicle for“rent-a-charter” arrangements.

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