The National Credit Union Administration has published an interim final rule clarifying that federal credit unions may charge non-interest charges and fees, including interchange fees, under the Federal Credit Union Act, and that state laws affecting those fees are preempted. The measure addresses non-interest charges and fees related to payment card services and confirms that state rules governing federal credit union activity in this area do not apply. NCUA said it has exclusive authority over federal credit unions’ ability to impose non-interest charges and fees. Although it believes its existing preemption rules already allow federal credit unions to impose fees set by a third party without state interference, it adopted the rule to remove doubt and avoid disparity with national banks after the Office of the Comptroller of the Currency issued a similar interim final rule. The rule takes effect on June 30, 2026.
National Credit Union Administration2026-06-08
National Credit Union Administration adopts interim final rule preempting state laws on federal credit union non interest fees including interchange fees
The National Credit Union Administration has issued an interim final rule clarifying that federal credit unions may impose non-interest charges and fees, including interchange fees, under the Federal Credit Union Act and that state laws affecting such fees are preempted. The rule confirms NCUA’s exclusive authority over these fees, including those set by third parties, and aims to remove uncertainty and align treatment with national banks after a similar rule by the Office of the Comptroller of the Currency.