Lockyer

MEMORANDUM AND ORDER

This action is before the court on plaintiffs American Bankers Association, America’s Community Bankers, Chase Manhattan Bank USA, N.A., Citibank (South Dakota), N.A., Consumer Bankers Association, Credit Union National Association, Inc., First USA Bank, N.A., Household Bank (SB), N.A., Independent Community Bankers of America, MBNA America Bank, N.A., and National Association of Federal Credit Unions’ (collec tively, “plaintiffs”) (1) motion for a preliminary injunction, and (2) motion for summary judgment and permanent in-junctive relief. Briefing has been submitted by the parties as well as amicus curiae Office of the Comptroller of the Currency (“OCC”) in support of the motions, and amicus curiae Consumers Union, Consumer Action, California Public Interest Research Group (CalPIRG), Consumer Federation of America, National Consumer Law Center, United States Public Interest Research Group, and AARP (“Consumers Union”) in opposition to the motions. Plaintiffs seek a preliminary injunction restraining defendants Bill Lockyer, Attorney General of the State of California, and Kathleen Hamilton, Director of the California Department of Consumer Affairs…