Spggc, LLC Metabank U.S. Bank, N.A. v. Kelly A. Ayotte, New Hampshire Attorney General
Court of Appeals for the First Circuit
1Opinion of the Court
TORRUELLA, Circuit Judge.
This is a case about the power of a state to regulate activities of national banks and national thrifts if these activities are carried out by third-party agents. New Hampshire passed a statute restricting the sale of “gift certificates,” including stored value giftcards issued by national banks and national thrifts, that carry expiration dates or are subject to administrative fees. New Hampshire Consumer Protection Act, N.H.Rev.Stat. Ann. § 358-A:2 (“New Hampshire CPA”). Plaintiffs SPGGC, LLC, a mall owner (“Simon”), later joined by U.S. Bank, a national bank…
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