Joint Supplemental Brief

JOINT SUPPLEMENTAL BRIEF REGARDING PLAINTIFFS’ ARGUMENTS FOR PREEMPTION UNDER THE FEDERAL CREDIT UNION ACT AND 12 U.S.C. 1831a(j)

Plaintiffs Illinois Bankers Association (“IBA”), American Bankers Association (“ABA”), America’s Credit Unions (“ACU”), and Illinois Credit Union League (“ICUL”), and Defendant Kwame Raoul, in his official capacity as Illinois Attorney General, respectfully submit this joint supplemental brief in response to the Court’s December 20, 2024 order directing additional briefing on Plaintiffs’ claims that the Federal Credit Union Act (“FCUA”) and 12 U.S.C. § 1831a(j) (“§ 1831a(j)”) preempt certain applications of the Illinois Interchange Fee Prohibition Act (“IFPA”). See Dkt. No. 104 at 27, 32. In particular, the Court asked whether the statutes create a private right of action upon which Plaintiffs can rely. As the parties explain below, they agree that no private right of action under the FCUA or § 1831a(j) is necessary for Plaintiffs’ preemption claims to proceed to a merits determination.

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