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Credit Union Trades Moved to File Joint Amicus Brief in Defense of NCUA’s Motion for Dismissal of Banker Suit
Tuesday, November 22, 2016 6:45 AM

The Credit Union National Association and the National Association of Federal Credit Unions filed an amicus brief supporting the National Credit Union Administration’s motion to dismiss the lawsuit recently filed by the Independent Community Bankers of America, which challenges the agency’s authority to issue its latest member business lending rule.

In the brief, NAFCU and CUNA argue that NCUA’s interpretation of the Federal Credit Union Act in the rule is well within the agency’s legal authority. The trade groups defend NCUA’s definition of “member business loan” noting that it has not substantively changed since 2003 and by definition can only include loans made to a member of the lending credit union. 

Specifically, CUNA and NAFCU contend “No amount of linguistic alchemy can convert the term 'member business loan' into its opposite, 'nonmember business loan'.”  

“This amici brief formalizes our organizations’ unequivocal support for NCUA’s legal authority to issue its member business lending rule,” said Dan Berger, president/CEO of NAFCU, and Jim Nussle, president/CEO of CUNA. “The CUNA/League system and NAFCU will continue to work together to assert the agency’s jurisdiction to interpret the Federal Credit Union Act and help advance the interests of credit unions and their ability to provide critical capital to small businesses.”

Last week, the Independent Community Bankers of America filed a response to NCUA’s brief seeking dismissal of the lawsuit.