Court Decisions

Maria T. Vullo, in her official capacity as superintendent of the New York State Department of Financial Services, v. Office of the Comptroller of the Currency, Joseph M. Otting, in his official capacity as U.S. Comptroller of the Currency (United States District Court Southern District of New York) (PDF)

In this case, plaintiff Maria Vullo, in her capacity as Superintendent of the New York State Department of Financial Services ("DFS"), challenged the so-called "Fintech Charter Decision": the purported decision of defendant Office of the Comptroller of the Currency ("OCC") to grant special-purpose national bank ("SPNB") charters to financial technology ("fintech") companies. Defendants have moved to dismiss under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction and failure to state a claim. Since the OCC has not reached a final "Fintech Charter Decision," defendants' 12(b)(1) motion is granted as plaintiff has suffered no injury in fact as required for Article III standing and because plaintiff's claims are not ripe.

Conference of State Bank Supervisors v. Office of the Comptroller Of The Currency, et al. (PDF)

In this action, the Conference of State Bank Supervisors (CSBS) challenges the purported Nonbank Charter Decision of the Office of the Comptroller of the Currency and the Comptroller1 (collectively, the OCC). CSBS is a nationwide organization of state banking and financial services regulators from all fifty U.S. states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and American Samoa. Compl. 13, Dkt. 1. The OCC is a bureau of the U.S. Department of the Treasury and functions as the primary supervisor of banks with national charters. Id. 16; see also 12 U.S.C. §§ 1, 26–27 (establishing the OCC and empowering it to grant national bank charters to entities that carry on "the business of banking").