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Department of Financial Protection and Innovation (DFPI) New Legislation Consumer Financial Products

Allen Matkins

California Bill Would Deem Some Lenders As Licensed

Allen Matkins on

California generally requires that persons engaged in the business of making loans be licensed.  If not licensed under some other statute (such as the banking, credit union or residential mortgage lending laws), a lender will...more

Allen Matkins

California Bill Would Establish Registration Program With Respect To Commercial Financing Or Commercial Financing Brokerage...

Allen Matkins on

Recently, I wrote about the California Office of Administrative Law's rejection of regulations proposed by the Department of Financial Protection & Innovation.  These proposed regulations were intended to "implement,...more

Goodwin

2023 Year in Review: Fintech

Goodwin on

Welcome to the Fintech chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The CFPB is expected to finalize rulemaking authorizing supervision of payment application...more

Allen Matkins

Will New DFPI Lending Rules Reduce The Availability And Raise The Cost Of Small Business Loans In California?

Allen Matkins on

Three years ago, Governor Newsom signed AB 1864 into law.  This legislation gave the Department of Financial Protection & Innovation the authority to define unfair, deceptive, and abusive acts and practices in connection with...more

Allen Matkins

California's Commercial Loan Disclosure Requirements May Be Unconstitutional And/Or Preempted

Allen Matkins on

I have devoted several posts to a California commercial loan disclosure law that was enacted in 2018 - SB 1235 (Glazer).  Although the bill became effective on January 1, 2019, lenders were not obligated to comply until the...more

Allen Matkins

What Is The List Of Central Locations For Service Of Process?

Allen Matkins on

The Department of Financial Protection & Innovation's website includes a link to an Excel spreadsheet listing the designation of of location(s) for service of legal process on financial institutions.  This listing is the...more

Allen Matkins

Governor Newsom Nixes Digital Financial Assets Licensing Bill

Allen Matkins on

Last week, Governor Gavin Newsom vetoed  AB 2269 (Grayson) which would have created a "Digital Financial Assets Law" to be administered by the Department of Financial Protection & Innovation.  The Governor in his veto message...more

Allen Matkins

DFPI's Plethora Of Spoils

Allen Matkins on

In January, 1832, William Learned Marcy rose in the United States Senate to defend Secretary of State Martin Van Buren from criticism by Henry Clay.  Clay's attack on Van Buren is not remembered, but the words of Senator...more

Allen Matkins

DFPI Empowered To Stop Actions That Are Not Ongoing

Allen Matkins on

In this July post, I noted that " if conduct is not ongoing, it is impossible for someone to discontinue or desist".  The California legislature, however, sees no such logical problem.  Late last month, it enacted and...more

Allen Matkins

DFPI Charges Digital Asset Company With More Than 50,000 CFL Violations

Allen Matkins on

Yesterday's post concerned a bill pending in the California legislature that would impose a licensing requirement on persons engaging in "digital financial asset business activity", or holding itself out as being able to...more

Allen Matkins

DFPI Wants To Know: Whom Shall We Regulate?

Allen Matkins on

Last year, California enacted AB 1864, Cal. Stats. 2020, Ch. 157, creating the California Consumer Financial Protection Law (CCFPL) under Division 24 of the Financial Code.  Remarkably, the legislature left it up to the...more

Allen Matkins

DFPI Rings In The New Year By Issuing A Dozen Subpoenas

Allen Matkins on

Yesterday, the Department of Financial Protection and Innovation announced that it had issued "subpoenas to a dozen companies with significant California customer bases, representing the first major action to be taken under...more

Miles & Stockbridge P.C.

Certain Exemptions of the New California Consumer Financial Protection Law Need To Be Clarified

In our Legislative Alert of October 13, 2020, we reported on the California legislation enacted in late September, Assembly Bill 1864, that created the new California Consumer Financial Protection Law (“CCFPL”), and we set...more

Jones Day

California Passes Legislation to Create Mini-CFPB

Jones Day on

The Situation: On January 1, 2021, the California Consumer Financial Protection Law ("CCFPL") will go into effect, and the Department of Financial Protection and Innovation ("DFPI") will become the financial sector's new...more

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