In this article, we share a timeline of our monthly "bites" for 2023 applicable to fintech. The Consumer Financial Protection Bureau (CFPB) and its director, Rohit Chopra, continued the agency's focus on the everyday consumer...more
1/17/2024
/ Abusiveness Standard ,
Bots ,
Buy Now Pay Later (BNPL) ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Financial Protection and Innovation (DFPI) ,
Digital Wallets ,
Fees ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
New Guidance ,
Non-Bank Lenders ,
Regulatory Oversight ,
Standard Form Contracts ,
Stock Options ,
Wage Advances ,
Wages
One of the downsides of working with the public is that sometimes the public will be disappointed with the service you offer. And in this era of the internet, the number one remedy consumers have is to complain about...more
One of the beauties of the national banking system is that it allows state-chartered banks to offer uniform credit products across the 50 states without having to worry about state interest rate caps. This concept - rate...more
Since the explosion of use of social media platforms some twenty years ago, policy makers have expressed concern about the negative effects that flow from the use of these platforms. Every state in the country has laws on the...more
In this article, we share a timeline of our monthly "bites" for 2022 applicable to the Fintech industry.
So, what happened in 2022?...more
In a victory for fintechs and the banks that partner with them, the U.S. District Court for the Northern District of California recently turned back two challenges by a consortium of state attorneys general to the "valid when...more
On August 18, 2021, the California Department of Financial Protection and Innovation ("DFPI") released draft regulations and an invitation for comments under the California Consumer Financial Protection Law ("CCPL"). The CCPL...more
Though a legal concept in existence in our nation’s jurisprudence for more than two hundred years, “valid when made” continues to be a heated topic of debate. Such controversy is to be expected given the treatment (or...more
6/18/2020
/ Debt Buyers ,
Dodd-Frank ,
Financial Regulatory Reform ,
Financial Services Industry ,
Interest Rates ,
Madden v Midland Funding ,
National Bank Act ,
OCC ,
Preemption ,
Trustees ,
Trusts ,
Usury ,
Valid When Made Doctrine
If the current pandemic has taught us anything, it is that we depend on each other for in-person contact more than we thought. This is especially true for unbanked and underbanked consumers seeking financial services....more
5/18/2020
/ Car Dealerships ,
Consumer Financial Products ,
Coronavirus/COVID-19 ,
Credit ,
Cybersecurity ,
Debt Collection ,
E-Signatures ,
Financial Services Industry ,
FinTech ,
Loan Applications ,
Loan Origination Funds ,
Marketing ,
Moratorium ,
Remote Working ,
Risk Assessment ,
Risk Mitigation ,
Shelter-In-Place
The world has been struck by an unthinkable humanitarian crisis - COVID-19. We have never seen anything like this before, and this virus impacts every aspect of our lives. It is in this environment that creditors seek...more
4/27/2020
/ Adjusted Gross Income ,
Anti-Discrimination Policies ,
Consumer Credit Protection Act (CCPA) ,
Consumer Lenders ,
Coronavirus/COVID-19 ,
Credit ,
Creditors ,
Disparate Treatment ,
ECOA ,
Fair Housing Act (FHA) ,
Fair Lending ,
FFIEC ,
Protected Class ,
Small Business Loans
COVID-19 and the related emergency has had a dramatic effect on small businesses. States have implemented "stay-at-home" orders or otherwise ordered the closure of non-essential businesses, resulting in the virtual...more
4/7/2020
/ Business Closures ,
Compliance ,
Coronavirus/COVID-19 ,
Financial Distress ,
Financing ,
Merchant Cash Advance (MCA) ,
Natural Disasters ,
Risk Assessment ,
Small Business ,
State of Emergency ,
Usury
Congress has responded to the economic crisis brought on by the COVID-19 virus by passing economic stimulus packages to help small and mid-sized businesses. Congress included in the CARES Act $349 billion for Paycheck...more
The debt settlement industry received some "regulation by enforcement" in the wake of a settlement of the lawsuit filed by the Consumer Financial Protection Bureau ("CFPB") against Freedom Debt Relief, LLC ("FDR"). The...more
8/5/2019
/ Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Relief ,
Debt Settlement Services ,
Debt-Relief Industry ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Stipulated Judgment ,
Telemarketing Sales Rule
FinTech and RegTech Trends to Watch -
Much has been written about FinTech and RegTech in the last few years and, for many lenders, such terms aren’t wholly relevant to the day-to-day operations of their businesses – or are...more
7/31/2019
/ Artificial Intelligence ,
Biometric Information ,
Blockchain ,
Compliance ,
Consumer Financial Products ,
Customer Service Standard ,
Data Management ,
Financial Services Industry ,
FinTech ,
Innovative Technology ,
Lenders ,
Mobile Banking ,
RegTech ,
Regulatory Standards
Bank partnerships allow banks to offer loans to consumers and businesses by leveraging the resources of non-bank entities. The relationships between banks and their non-bank entity partners have existed for many years. In the...more
6/14/2019
/ Bank Partnership Lending Programs ,
Banks ,
Choice-of-Law ,
Consumer Financial Products ,
DIDMCA ,
Enforcement Actions ,
FDIC ,
Interest Rates ,
Internet Lenders ,
Lack of Authority ,
Licensing Rules ,
Madden v Midland Funding ,
Mortgages ,
National Bank Act ,
Non-Bank Lenders ,
NYDFS ,
Opt-Outs ,
Preemption ,
Regulatory Requirements ,
Small Dollar Lenders ,
Unconscionable Contracts ,
Uniform Commercial Code (UCC) ,
Usury
Bank partnership lending programs have existed for years and have played a significant role in the growth of the online lending industry and the fintech sector. In a bank partnership lending program, a non-bank partner...more
6/13/2019
/ Bank Partnership Lending Programs ,
Banks ,
Corrupt Organizations Act (COA) ,
Enforcement Actions ,
FDIA ,
FDIC ,
Finance Lenders Law ,
Financial Regulatory Agencies ,
LendingTree ,
Loan Origination Funds ,
Non-Bank Lenders ,
Personal Liability ,
RICO ,
State Regulators ,
Tribal Loans ,
Usury