Mazaika v. Bank One, Columbus, N.A.

I concur with the majority insofar as it finds that nothing in the National Bank Act (NBA), 12 U.S.C. § 21 et seq., provides the kind of unambiguous evidence of congressional intent necessary to displace this Commonwealth’s consumer protection laws prohibiting late payment fees, annual fees, return check fees, etc. I would journey one step further, however, and hold that allowing Ohio’s definition of “interest rate” or “rate of interest” to preempt Pennsylvania’s consumer protection laws would amount to an unconstitutional delegation of Congressional power to the State of Ohio’s legislature.…