Order Preempting the Illinois Interchange Fee Prohibition Act
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- Title
- Order Preempting the Illinois Interchange Fee Prohibition Act
The OCC is issuing an interim final order concluding that Federal law preempts the Illinois Interchange Fee Prohibition Act, prohibit national banks and Federal savings associations from charging or receiving interchange fees on the tax and gratuity portions of payment card transactions; and restrict the use of payment card transaction data. The OCC invites public comments on this interim final order.
- Posted
- Apr 29, 2026
- Comment period
- Apr 29, 2026 – May 30, 2026
- Topics
Overview
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Stance breakdown
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| Organization | Preemption of state interchange laws | Federal preemption of state laws | State-level regulatory patchwork | Sales tax swipe fees | Impact on small businesses |
|---|---|---|---|---|---|
7-Eleven BusinessOppose 7-Eleven, Inc. | · | · | |||
American Bankers Association Trade associationSupport The American Bankers Association and 52 state and territorial bank associations support the OCC's order preempting the I | · | · | |||
American Express BusinessSupport American Express National Bank supports the OCC's actions to preempt the Illinois Interchange Fee Prohibition Act (IFPA) | · | · | |||
Bankers Trust Company BusinessSupport Bankers Trust Company, a state-chartered non-member bank, supports the OCC's interim final order pre-empting the Illinoi | · | · | |||
Chime Financial, Inc. BusinessSupport Chime Financial, Inc., a financial technology company, supports the OCC's interim final order because it maintains unifo | · | · | |||
Commerce Bank BusinessSupport Commerce Bank, a regional bank holding company, supports the OCC's interim final order pre-empting the Illinois Intercha | · | · | |||
Conference of State Bank Supervisors (CSBS) Trade associationOppose The Conference of State Bank Supervisors (CSBS) opposes the OCC's interim final order because it relies on a flawed and | · | · | · | · | · |
Innovative Payments Association Trade associationSupport The Innovative Payments Association (IPA), a trade organization representing the electronic payments sector, supports th | · | · | |||
Institute of International Bankers Trade associationSupport The Institute of International Bankers (IIB) supports the OCC's order preempting the Illinois Interchange Fee Prohibitio | · | · | |||
JPMorgan Chase BusinessSupport JPMorgan Chase Bank, N.A. | · | · | |||
Marquette Bank BusinessSupport Marquette Bank, an Illinois state-chartered commercial bank, supports the OCC's interim final order preempting the Illin | · | · | |||
Merchant Advisory Group Trade associationOppose The Merchant Advisory Group, the Retail Industry Leaders Association, and the National Restaurant Association jointly op | · | · | |||
Midsize Bank Coalition of America Trade associationSupport The Mid-Size Bank Coalition of America (MBCA), representing CEOs of mid-size banks, supports the OCC's order preempting | · | · | |||
National Retail Federation Trade associationOppose The National Retail Federation (NRF) opposes the OCC's interim final order and rule, arguing that the Illinois Interchan | · | · | |||
PA Bankers Association Trade associationSupport The Pennsylvania Bankers Association supports the OCC's order preempting the Illinois Interchange Fee Prohibition Act to | · | · | |||
Rosedale Bank BusinessSupport Rosedale Bank, a federally-chartered mutual savings association, supports the OCC's order pre-empting the Illinois Inter | · | · | |||
Rutter's BusinessOppose Rutter’s, a multi-state convenience store and dairy business, opposes the OCC's interim final order and rule. | · | · | · | · | |
S&T Bank BusinessSupport S&T Bank supports the OCC's order preempting the Illinois Interchange Fee Prohibition Act, arguing that a patchwork of s | · | · | |||
Simmons Planting Company BusinessSupport L Simmons, a business owner in the agricultural planting industry, supports the OCC's order because they believe the Ill | · | · | |||
The New Jersey Energy Marketers Group Trade associationOppose The New Jersey Energy Marketers Group, representing motor fuel retailers and related businesses, opposes the OCC's inter | · | · | |||
Toot'n Totum Food Stores, LLC BusinessOppose Toot’n Totum Food Stores LLC, a Texas-based convenience store and travel center company, opposes the OCC's interim final | · | · | |||
US Black Chambers, Inc. AdvocacySupport The U.S. | · | · | · | · | |
USAA Federal Savings Bank BusinessSupport USAA Federal Savings Bank supports the OCC's interim final order preempting the Illinois Interchange Fee Prohibition Act | · | · | |||
Velera BusinessSupport Velera Solutions, LLC, a payments technology company representing credit unions and community banks, supports the OCC's | · | · | |||
Virginia Bankers Association AdvocacySupport The Virginia Bankers Association (VBA) strongly supports the OCC’s interim final rule and order, arguing that they provi | · | · | · | · | |
Visa Inc. BusinessSupport Visa expresses strong support for the OCC's interim final order preempting the Illinois Interchange Fee Prohibition Act | · | · | |||
Washington Food Industry Association Trade associationOppose The Washington Food Industry Association (WFIA), a trade association representing independent supermarkets and convenien | · | · | |||
Wawa, Inc. BusinessOppose Wawa, Inc., a large convenience store chain, opposes the Order because it preempts an Illinois state law intended to pro | · | · | |||
Wisconsin Bankers Association Trade associationSupport The Wisconsin Bankers Association (WBA), a trade association representing nearly 180 banks, strongly supports the OCC's | · | · |
2 organization-typed comments could not be identified.
Explorer
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- May 29, 2026Chime Financial, Inc.SupportBusiness📎 Attachment
Chime Financial, Inc., a financial technology company, supports the OCC's interim final order because it maintains uniformity in the national payment card system and protects the interchange-based revenue model that funds their products. They argue that the Illinois Interchange Fee Prohibition Act would create operational burdens, fragment the payment ecosystem, and potentially increase costs for consumers and small businesses.
Read comment → - May 29, 2026WildwoodSupportBusiness
L Gary, representing Wildwood Cotton Technologies, a farmer-owned business, supports the OCC's order preempting the Illinois Interchange Fee Prohibition Act. He argues that the state law would create a confusing patchwork of regulations, increase costs for businesses operating across state lines, and disrupt the stability of the national payments system.
Read comment → - May 29, 2026Protagonist Books & Coffee IncOpposeBusiness
Amber Gellar-Smith, owner of a small independent bookstore, opposes the OCC's order because it allows banks to continue charging interchange fees on sales tax and gratuities. She argues that these fees unfairly burden small businesses and that states should have the authority to protect local businesses from such practices.
Read comment → - May 29, 2026Flyby ProvisionsSupportIndividual
The owner of Flyby Provisions, a small gift shop, supports the OCC's decision to preempt the Illinois Interchange Fee Prohibition Act. They argue that state-specific payment rules create unnecessary complexity and costs for small businesses that rely on consistent, national payment systems for e-commerce and local sales.
Read comment → - May 29, 2026National Lumber and Building Material Dealers AssociationOpposeTrade association📎 Attachment
The National Lumber and Building Material Dealers Association (NLBMDA) opposes the OCC's Interim Final Order, arguing that it unfairly protects the revenue of payment networks and card issuers at the expense of small and mid-sized merchants. They contend that the Illinois Interchange Fee Prohibition Act (IFPA) is a valid state law that addresses the "indefensible inequity" of charging swipe fees on taxes and gratuities, which are not merchant revenue.
Read comment → - May 29, 2026EZ Stop Food MartsOpposeBusiness📎 Attachment
EZ Stop Food Marts, a family-owned convenience retail business, opposes the OCC's interim final order because it preempts a state law intended to protect merchants from swipe fees on taxes and tips. The company argues that the order undermines efforts to reduce excessive fees set by card networks and instead provides a "green light" for banks to allow third-party companies to centrally fix fees.
Read comment → - May 29, 2026Petroleum & Convenience Marketers of AlabamaOpposeTrade association📎 Attachment
The Petroleum & Convenience Marketers of Alabama (P&CMA), a state trade association, opposes the OCC's interim final order and rule. They argue that the order undermines efforts to reduce excessive swipe fees set by third-party companies and that the OCC lacks the jurisdiction to preempt state laws intended to protect merchants from fees on taxes and tips.
Read comment → - May 29, 2026The New Jersey Energy Marketers GroupOpposeTrade association📎 Attachment
The New Jersey Energy Marketers Group, representing motor fuel retailers and related businesses, opposes the OCC's interim final order. They argue that the order undermines state efforts to protect merchants from swipe fees on taxes and tips, and they contend that the OCC lacks the jurisdiction to preempt such state laws.
Read comment → - May 29, 2026The New York Association of Convenience StoresOpposeTrade association📎 Attachment
The New York Association of Convenience Stores (NYACS) opposes the OCC's interim final order, arguing that it preempts a state law intended to protect merchants from swipe fees on taxes and tips. The organization contends that the order favors the Visa-Mastercard duopoly and undermines efforts to reduce excessive fees for small businesses.
Read comment → - May 29, 2026The Minnesota Service Station & Convenience Store AssociationOpposeTrade association📎 Attachment
The Minnesota Service Station & Convenience Store Association (MSSA) opposes the OCC's interim final order, arguing that it undermines state efforts to protect merchants from swipe fees on taxes and tips. They contend that the order gives a "green light" to non-bank card companies to fix fees and lacks the jurisdiction to preempt state laws intended to provide merchant relief.
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