Federal Financial Institution Preemption Issues Under State Abandoned Property and Consumer Protection Laws
Author: John A. Biek.
Source: Volume 21, Number 03, January/February 2008 , pp.5-20(16)
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Abstract:
State and federal law often conflict on what can be done with abandoned property. States increasingly try to balance budgets with escheat provisions. In order for a federal preemption defense to succeed, a court must be convinced that there is an actual conflict between the state laws in question and the National Bank Act or Home Owners’ Loan Act and their regulations.Keywords: Abandoned property laws; Federal Uniform Acts
Affiliations:
1: Neal, Gerber & Eisenberg LLP.