News & Analysis as of

Department of Financial Protection and Innovation (DFPI) Banks

Allen Matkins

California Court Upholds Daily Transaction Limits On Bitcoin ATMs

Allen Matkins on

A year ago, Governor Gavin Newsom signed two bills,  Assembly Bill 39 and Senate Bill 401, that created the California Digital Financial Assets Law.  SB 401 added Section 3902 to the Financial Code to prohibit an operator of...more

Hudson Cook, LLP

CFPB Bites of the Month - December 2023 - I'm Dreaming of a Winter Solstice and the CFPB

Hudson Cook, LLP on

In this month's article, we share some of our top "bites" for the prior month covered during the December 2023 webinar....more

Orrick, Herrington & Sutcliffe LLP

CFPB comments on California DFPI licensing provisions, income-based advances

On December 1, the CFPB posted a blog entry sharing its comment letter responding to the California DFPI’s notice of proposed rulemaking for “income-based advances” from earlier this year....more

Orrick, Herrington & Sutcliffe LLP

DFPI orders investment firms to desist and refrain

On November 16, under California Corporations Code § 25532, the California Division of Financial Protection and Innovation (DFPI) issued a desist and refrain order against a securities investment platform for allegedly making...more

Sheppard Mullin Richter & Hampton LLP

California Court Denies DFPI’s Motion for Preliminary Injunction Against Fintech

On October 30, the Superior Court of California County of Los Angeles denied the DFPI’s motion for a preliminary injunction to force a Chicago-based fintech company to stop facilitating loans to California borrowers from its...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - June 2023 # 2

Troutman Pepper on

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Allen Matkins

DFPI Issues Self-Assessment Of Its Oversight And Regulation of Silicon Valley Bank

Allen Matkins on

Yesterday, the California Department of Financial Protection & Innovation published a 74-page report on its oversight and regulation of Silicon Valley Bank.  As explained in this earlier post, the bank was a state chartered...more

Allen Matkins

Will California's Bank Failures May Shine A Spotlight On California Corporate Law?

Allen Matkins on

As has been widely reported, the California Department of Financial Protection & Innovation announced that it has taken possession of another California chartered bank - First Republic Bank.  This is the second California...more

Goodwin

Two Major Bank Failures Require Government Regulators to Step In

Goodwin on

On March 10, 2023, the United States suffered the first major bank failure since the 2008 economic collapse. It was the nation’s 16th largest bank, with over $200 billion in assets....more

Clark Hill PLC

In the Wake of the Demise of Silicon Valley Bank and Signature Bank: What Fintechs, Private Equity, and Banks Need To Know

Clark Hill PLC on

On Friday, March 10, the California Department of Financial Protection and Innovation (DFPI) closed Silicon Valley Bank (SVB), the subsidiary of SVB Financial. The Federal Deposit Insurance Corporation (FDIC) was appointed...more

Wilson Sonsini Goodrich & Rosati

Addressing Legal Issues Related to the Silicon Valley Bank Closure

On March 10, 2023, Silicon Valley Bank (SVB) was closed by the California Department of Financial Protection & Innovation, with the Federal Deposit Insurance Corporation (FDIC) appointed as receiver....more

Nutter McClennen & Fish LLP

Silicon Valley Bank (SVB) Failure: What Does This Mean for SVB Customers?

What happened to SVB? On Friday, March 10, 2023, before 9:00 a.m., Pacific Time, SVB’s chartering authority, the California Department of Financial Protection and Innovation (DFPI), announced that the DFPI had taken control...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - February 2023

Troutman Pepper on

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Allen Matkins

How Not To Get Your Start In Banking

Allen Matkins on

The California Department of Financial Protection & Innovation recently issued a warning about "individual or individuals on YouTube claiming that individuals can form their own “private banks” and become “individual bankers”...more

Wilson Sonsini Goodrich & Rosati

Focus on Fintech – Q4 2022

In this latest issue of Wilson Sonsini's Focus on Fintech newsletter, we discuss the FTX bankruptcy and the increased federal regulatory scrutiny of crypto assets, and new rules and innovations in the payments...more

Ballard Spahr LLP

Texas federal court enforces arbitration agreement and dismisses class action lawsuit filed against fintech company for evading...

Ballard Spahr LLP on

A Texas federal court has dismissed a class action lawsuit against Opportunity Financial, LLC (“OppFi”) alleging OppFi violated Texas usury law by charging interest on loans it made through a partnership with a...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - January 2023 #3

Troutman Pepper on

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Ballard Spahr LLP

OppFi asserts true lender doctrine is “underground regulation” DFPI cannot enforce

Ballard Spahr LLP on

Opportunity Financial LLC (OppFi) has filed a cross-complaint against the Commissioner of California’s Department of Financial Protection and Innovation (DFPI), asserting that the DFPI’s reliance on the so-called “true lender...more

Ballard Spahr LLP

OppFi asks court to reject California Department of Financial Protection and Innovation’s “true lender” challenge to loans made...

Ballard Spahr LLP on

Opportunity Financial, LLC (OppFi) has filed a Demurrer to the cross-complaint filed by the California Department of Financial Protection and Innovation (DFPI) in which it asks the California trial court to reject the DFPI’s...more

Ballard Spahr LLP

California Department of Financial Protection and Innovation Files Cross-Complaint With OppFi

Ballard Spahr LLP on

In response to the complaint filed by Opportunity Financial, LLC (OppFi) seeking to block the California Department of Financial Protection and Innovation (DFPI) from applying California usury law to loans made through...more

Allen Matkins

Are Applications Submitted To The DFPI Subject To Inspection Under The California Public Records Act?

Allen Matkins on

California's Public Records Act, Cal. Gov't Code § 6250 et seq., provides for public access to California state and local government records.  The PRA defines "public records" broadly to include "any writing containing...more

Ballard Spahr LLP

OppFi files complaint to block “true lender” challenge by California Department of Financial Protection and Innovation

Ballard Spahr LLP on

Opportunity Financial, LLC (OppFi) has filed a Complaint for Declaratory and Injunctive Relief in a California state court against the California Department of Financial Protection and Innovation (DFPI), seeking to block the...more

Allen Matkins

Department Of Financial Protection & Innovation Issues Guidance Regarding "Situation in Ukraine and Russia"

Allen Matkins on

Last Friday, Commissioner Clothilde V. Hewlett issued guidance concerning the "situation in Ukraine and Russia".   The guidance reminds licensees of their obligations under federal, and to a lesser extent, California law. ...more

Eversheds Sutherland (US) LLP

Focus on Fintech: Auto Title Lender LoanMart Agrees to End Bank Partnership Lending Program Following “True Lender” Inquiry by...

On December 14, 2021, Wheels Financial, LLC (d/b/a LoanMart) entered into a consent order with the California Department of Financial Products and Innovation (DFPI) in which the company agreed to end its lending partnership...more

Davis Wright Tremaine LLP

[Webinar] FinTech Innovation at California’s Newest Financial Regulator: A Discussion with Christina Tetreault, head of the Office...

The California Department of Financial Protection and Innovation (DFPI) aspires to be a "premier financial regulator and national model for consumer protection.” Integral to its strategy is the Office of Financial Technology...more

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