In the first case decided on the issue of whether Madden v. Midland Funding, LLC is applicable to a credit card securitization, the United States District Court for the Western District of New York, on September 21, 2020,...more
In January 2017, the Attorney General of Colorado filed two lawsuits against Marlette Funding LLC and Avant of Colorado LLC. Among other things, the lawsuits claimed that these two companies, as the online platforms for loans...more
8/25/2020
/ Amended Complaints ,
Closed-End Loans ,
Consumer Financial Products ,
Financial Services Industry ,
Interest Rates ,
Online Platforms ,
Preemption ,
Safe Harbors ,
Securitization ,
State Attorneys General ,
True Lender ,
Usury
Providers of cash advances repaid by sales of future receivables in New York can have greater confidence that these advances are not loans and are not subject to usury laws.
On March 16, the Supreme Court of New York,...more
A careful parsing of state laws should be done if a lender is relying on a choice of law to avoid states that have criminal usury statutes.
On February 27, the U.S. District Court for the Southern District of New York...more
3/8/2017
/ Banking Sector ,
Choice-of-Law ,
Consumer Lenders ,
Debt Collection ,
FDCPA ,
Interest Rates ,
Loan Agreements ,
Loans ,
Madden v Midland Funding ,
National Bank Act ,
Preemption ,
Remand ,
Summary Judgment ,
UDAAP ,
Usury
On October 25, 2016, the New York Supreme Court of Westchester County issued a decision in Pearl Capital Rivis Ventures, LLC v. RDN Construction, Inc. that helps clarify the circumstances under which the provision of a...more
The court explicitly acknowledged that making it difficult for banks to assign or sell their commercial property to the secondary market impedes good public policy.
On September 20, the U.S. District Court for the...more
The Solicitor General’s brief argues the Second Circuit’s holding was incorrect, but does not recommend a grant of certiorari.
On May 24, the U.S. Solicitor General and the Office of the Comptroller of the Currency...more
9/6/2016
/ Banking Sector ,
Consumer Lenders ,
Financial Services Industry ,
Interest Rates ,
Madden v Midland Funding ,
National Bank Act ,
OCC ,
Online Marketplace Lending ,
Preemption ,
SCOTUS ,
Solicitor General ,
Usury
Regardless of whether or not Midland’s case is successful at the district court, there are a number of reasons why the Second Circuit’s Madden decision is not as disastrous as some have portrayed it to be.
On June 27,...more
7/8/2016
/ Banking Sector ,
Consumer Financial Products ,
Consumer Lenders ,
Debt Buyers ,
Financial Services Industry ,
Interest Rates ,
Lending Club ,
Madden v Midland Funding ,
Online Marketplace Lending ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Usury ,
Valid When Made Doctrine
The certiorari petition asks the court to address whether the National Bank Act continues to have preemptive effect after the national bank has sold or otherwise assigned a loan to another entity.
In a petition for a...more
Marketplace lenders and investors that purchase interests in loans originated by banks should pay close attention as it could spawn a host of class action lawsuits if left standing.
In a controversial opinion decided on...more
6/25/2015
/ Bank of America ,
Class Action ,
Credit Cards ,
Debt Buyers ,
FDCPA ,
FDIC ,
Financial Institutions ,
Financial Markets ,
Interest Rates ,
Investors ,
Lenders ,
Loans ,
Midland Funding ,
National Bank Act ,
Non-Bank Lenders ,
Preemption ,
Usury
The relationship between certain peer-to-peer or marketplace lending platforms and the banks who actually make the loans to consumers leads to the often-debated question of “Who is the true lender?” Recent court decisions...more
Native American tribes increasingly are engaging in consumer lending over the Internet. These “tribal loans” present unique legal questions and issues, including whether tribal sovereign immunity shields tribes and their...more