Burr Alert: Preemption of State Consumer Protection Laws Under the Dodd-Frank Act

February 19, 2013


The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial regulation that led to the recession of the late 2000’s.1 One way the Dodd-Frank Act seeks to tighten the reins on national banking institutions is by strengthening the legal standards for the preemption of state laws, thereby making it harder for banks to avoid liability under state law. Whereas prior to Dodd-Frank’s enactment, national banking institutions enjoyed heavy deference in the area of preemption of state laws, Dodd-Frank curbs this deference by requiring a case by case determination of preemption and requiring that a state consumer financial services law conflict with the exercise of a national bank’s powers before the state law can be preempted. Further, the Dodd-Frank Act strips subsidiaries of national banks of the same preemption protection enjoyed by national banks and subjects federally-chartered savings banks and federally-regulated savings associations to the same preemption standards as those applicable to national banks. The mandated “case by case” determination standard injects much uncertainty into the preemption analysis and ensures much preemption litigation for years to come.

Download full alert

Legal Disclaimer:
No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers.

Featured Attorneys

send article


  • “I am extremely pleased with the service provided by Graham. I find him to be very responsive to my needs. He and his firm have taken the time to learn our business and our company culture and values. He consistently synthesizes "The Law" with practical business concerns and Georgia Gulf's culture. This enables me to entrust him with sensitive matters with complete confidence that we will receive first rate, practical, and cost effective advice and representation.”

    -Brad Reynolds, Georgia Gulf Corporation

  • “I work with a lot of lawyers in several states and Greg Harley is one of my favorites; he makes my job easy. He is very efficient, responsive and gets good results for us. I am very pleased.”

    -In-house counsel for a national banking institution

  • “He is extremely helpful and knowledgeable on workout process. I look to him a lot for legal advice. He has a real handle on what we’re doing and how to get it done. He is great – very practical, very engaging and just a real pleasure to work with – one of my favorite attorneys. He does what I tell him to do. He knows the law and the practical side. He has some younger lawyers that work with him who are also very engaging.”

    -Chambers 2012

  • “A good lawyer with a good reputation.”

    -Chambers 2012

  • "Burr & Forman has very good experience, and I would highly recommend the firm."

    -Best Lawyers 2012