FDIC Lawsuit

On July 25, attorneys for the MBA and Lake Central Bank filed a brief in the U.S. Court of Appeals for the 8th Circuit, supporting their appeal of the district court’s decision to dismiss the case against the FDIC based on the lack of standing. The brief urges the Court of Appeals to reverse the district court’s decision on the standing issue, and it also seeks to vacate the FDIC’s FIL 32 as a procedurally and substantively unlawful declaration that inadequately disclosed NSF fees arising from re-presentment constitute a UDAP violation. The FDIC responded on September 20, 2024. The MBA and Lake Central Bank filed a reply brief on October 11.

Update: Oral arguments are scheduled for March 20, 2025.

Complaint

FDIC Response

MBA's Amended Complaint

FDIC Motion to Dismiss

Plaintiff's Memorandum  

FDIC Reply Memorandum

Order Granting Motion to Dismiss  

Appellants' Brief

Amicus Brief American Bankers Association

Amicus Brief Missouri Bankers Association

Amicus Brief ITS, Inc.  

Filed Brief for Defendants-Appelleest

Appellant Reply Brief