In his remarks at the LendIt Conference in New York, Comptroller of the Currency Tom Curry discussed the special purpose national bank charters to be granted by the OCC to fintech companies and addressed the various...more
3/8/2017
/ Bank Secrecy Act ,
Banking Sector ,
BSA/AML ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Fintech Charter ,
Innovation ,
Money Laundering ,
National Bank Act ,
National Bank Charters ,
OCC ,
Technology
On Monday, a federal district court in the Southern District of New York granted a motion to compel arbitration in Bethune v. Lending Club Corporation, et al., a closely watched putative class action raising important issues...more
2/1/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Banks ,
Consumer Lenders ,
Financial Institutions ,
FinTech ,
Interest Rates ,
Lenders ,
Lending Club ,
Loans ,
Madden v Midland Funding ,
Motion to Compel ,
Online Marketplace Lending ,
Preemption ,
Putative Class Actions ,
RICO ,
Usury
Last week, in Western Sky Financial v. State of Georgia, the Georgia Supreme Court issued a decision rejecting challenges to the state's Payday Lending Act (the "Act") and affirming the denial of a motion to dismiss claims...more
11/9/2016
/ Banking Sector ,
Choice-of-Law ,
Consumer Financial Products ,
Consumer Lenders ,
Financial Institutions ,
Interest Rates ,
Internet Lenders ,
Motion to Dismiss ,
Native American Issues ,
Online Marketplace Lending ,
Payday Loans ,
Tribal Loans
On August 31, a federal district court in California ruled in favor of the U.S. Consumer Financial Protection Bureau (CFPB) on the application of "true lender" principles in the context of a tribal lending arrangement. The...more
9/8/2016
/ Banking Sector ,
CashCall ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Financial Institutions ,
Home State Exception ,
Interest Rates ,
Internet Lenders ,
Native American Issues ,
Online Marketplace Lending ,
Payday Loans ,
Tribal Loans
On May 22, 2015, the U.S. Court of Appeals for the Second Circuit held in Madden v. Midland Funding that the federal preemption provision of the National Bank Act, 12 U.S.C. § 85, could not be invoked by a non-national bank...more
On July 20, the Department of the Treasury published a Notice and Request for Information (“RFI”) seeking comment on various aspects of online marketplace lending, including –
- the business models and products offered...more
7/22/2015
/ Automotive Loans ,
Bank Secrecy Act ,
Banking Sector ,
Banks ,
BSA/AML ,
Cloud Computing ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Privacy ,
Debt Collection ,
Department of Justice (DOJ) ,
FDIC ,
FHFA ,
Financial Crimes ,
Financial Institutions ,
HUD ,
Lending ,
Midland Funding ,
National Bank Act ,
OCC ,
Online Marketplace Lending ,
Payday Loans ,
Preemption ,
Regulatory Standards ,
Risk Retention ,
RMBS ,
U.S. Treasury ,
Usury