First revealed in 2013, Operation Choke Point is the name of a coordinated effort between the U.S. Department of Justice (DOJ), Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) used to target and close the bank accounts of industries or organizations these regulators disfavor on purely ideological grounds. This program and related bank account terminations have been used to disrupt the lawful business activities of small-dollar lenders, among others, by pressuring the banks with which they work to close their accounts and prevent them from accessing the banking system.
In 2014, CFSA and Advance America filed a lawsuit against the FDIC, the Federal Reserve, the OCC, and the Comptroller of the Currency, Thomas J. Curry, seeking to end Operation Choke Point after exhausting every other option with regulators and Congress. The plaintiffs prevailed against the government defendant’s Motion to Dismiss and the lawsuit has now moved into the discovery phase.
Following years of Congressional and independent investigation into Operation Choke Point, the program has continued, with banks terminating small-dollar lender accounts as recently as November 2016. However, the U.S. Department of Justice and Office of the Comptroller of the Currency declared an end to this Obama-era initiative in August 2017.
The industry trade groups challenging the CFPB’s final rule on Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed their combined opposition to the CFPB’s cross-motion for summary judgment and reply to the CFPB’s opposition to the trade groups’ motion for summary judgment. ...
November 30, 2020
Alliance creates a collective of companies dedicated to meeting the needs of consumers in a diverse and evolving financial services marketplace
October 6, 2020
The industry trade groups challenging the CFPB’s final Rule on Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) filed their Amended Complaint in accordance with the briefing schedule recently entered by the court....
August 31, 2020