OCC Interim Rule Clarifies National Banks' Authority to Charge Payment Card Interchange Fees

The OCC has issued an interim final rule amending its regulation on national bank non-interest charges and fees to explicitly confirm that national banks may charge non-interest fees — including interchange fees from payment card activity — even when those fees are set by a third party rather than the bank itself. This is relevant to banks and fintechs involved in payment card programs, including crypto debit and prepaid card products, where fee structures may be determined by card networks or program managers. Compliance officers should assess whether current fee disclosures and program agreements align with the clarified rule, and note that a public comment period is open.