TITLE

CAN STATES TAX NATIONAL BANKS TO EDUCATE CONSUMERS ABOUT PREDATORY LENDING PRACTICES?

AUTHOR(S)
Jackson, Howell E.; Anderson, Stacy A.
PUB. DATE
June 2007
SOURCE
Harvard Journal of Law & Public Policy;Summer2007, Vol. 30 Issue 3, p831
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article considers whether the Consumer Protection and Anti-Interest Rate Manipulation Act could survive a preemption challenge under recent court rulings in California. The bill would impose a supplemental tax on lenders such as national banks that include in their credit card agreement a universal default provision. The article explores the scope of state taxing authority that section 548 confers and the relationship between authority and preemption rulings. It concludes that such state tax should qualify as a legitimate exercise of state taxing.
ACCESSION #
27874420

 

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