Court Establishes Briefing Schedule On Preliminary Injunction Motion Challenging Oregon’s DIDMCA Opt-Out Law

On July 13, 2026, we reported that the National Association of Industrial Bankers (NAIB), the Online Lenders Alliance (OLA), and the American Financial Services Association (AFSA), represented by Ballard Spahr, had filed a motion for a preliminary injunction on July 9, 2026 seeking to prevent Oregon officials from enforcing Oregon’s recently enacted DIDMCA opt-out law while the litigation proceeds.

Yesterday, on July 14, 2026, Judge Ann L. Aiken of the U.S. District Court for the District of Oregon entered an order adopting the briefing schedule proposed by the parties and establishing the schedule for briefing the plaintiffs’ motion for a preliminary injunction.

Under the Court’s scheduling order:

• Amicus briefs supporting the plaintiffs’ motion are due July 28, 2026.
• Oregon’s response to the preliminary injunction motion is due August 11, 2026.
• Amicus briefs supporting Oregon’s position are due August 25, 2026.
• The plaintiffs’ reply brief is due September 8, 2026.

The parties’ stipulation which the Court adopted, also makes clear that although the parties agreed upon a schedule for any amicus filings, neither side consented in advance to the filing of any particular amicus brief. Instead, each party reserved whatever rights it may have to object to proposed amicus participation.

The briefing schedule reflects the parties’ expectation that the case may attract significant interest from organizations and other entities that have a stake in the outcome of the litigation. The challenge to Oregon’s DIDMCA opt-out law presents issues of national importance concerning the ability of states to opt out of Section 521 of the Depository Institutions Deregulation and Monetary Control Act and the effect of such opt-out statutes on loans made by FDIC-insured, state-chartered banks which are located outside Oregon. In addition, the litigation raises issues that overlap with those currently pending before the en banc U.S. Court of Appeals for the Tenth Circuit concerning the scope of DIDMCA preemption and the authority of states to regulate interest rates on loans originated by out-of-state, state-chartered banks.

We will continue to monitor the case and report on the parties’ briefs, any amicus filings, the oral argument if one is scheduled, and the district court’s ruling on the preliminary injunction motion.