Copeland v. MBNA America Bank, N.A.

We granted certiorari to review the court of appeals’ decision in Copeland v. MBNA Am., N.A., 883 P.2d 564 (Colo.App.1994). 1 The court of appeals held that section 85 of the National Bank Act, 12 U.S.C. § 85 (1982), preempted a Colorado consumer protection law, thereby, allowing a national banking association, located in Delaware, to charge a Colorado credit cardmember “interest” in the form of a “late payment fee.” We affirm the judgment of the court of appeals, but we base our decision on different grounds.

I

Respondent, MBNA America Bank, N.A. (MBNA), is a national banking association…