WASHINGTON — The American Bankers Association told a judge that the three Harrisburg, Pa.-area credit unions whose field of membership expansions were invalidated should be allowed to keep their new members but not recruit new ones from the illegal FOMs.
Forcing those members to leave Americhoice Federal Credit Union, Members 1st Federal Credit Union and New Cumberland Federal Credit Union would be "unnecessarily disruptive," the bankers' lobby said in its brief, filed with U.S. District Judge Yvette Kane.
"(T)he proposed order will not interfere with the lawful operation of the branch offices of the credit unions, i.e. those serving properly admitted members. Similarly, the banks have no desire to punish depositors and, consequently, have not asked for injunctive relief that might force depositors to switch financial institutions," the ABA wrote.
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In July, Kane ruled that NCUA acted in an "arbitrary and capricious manner" and ignored contrary evidence when deciding to grant Members 1st a community charter. The agency, which was sued by the ABA, subsequently granted the other two credit unions the same FOMs.
NCUA has until Sept. 4 to file its response. CUNA, NAFCU and the Pennsylvania Credit Union Association joined the case as intervenors on behalf of NCUA, which means they can file an appeal, even if NCUA doesn't.
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