News & Analysis as of

Loans Department of Business Oversight

Manatt, Phelps & Phillips, LLP

California DBO Challenging Transactions as Disguised Loans

Potentially redefining the nature of a “loan,” the California Department of Business Oversight (DBO) is pursuing multiple enforcement efforts against certain financing vehicles that have long been recognized as exempt from...more

Morrison & Foerster LLP

California Regulator Reiterates That Credit Sales Cannot Be Used To Evade Financing Law

In two recent actions, the California Department of Business Oversight (DBO) addressed whether companies that purchase retail installment contracts should be considered bona fide purchasers of credit sales or whether those...more

Ballard Spahr LLP

CA DBO concludes certain point-of-sale financing arrangements are loans, not credit sales

Ballard Spahr LLP on

On December 30, 2019, the California Department of Business Oversight (DBO) announced two actions regarding companies offering unregulated, point-of-sale financing to California residents.  In the first action,  the DBO...more

Allen Matkins

Department Issues "Opinion" That Deferred Payment Product Meets Definitions Of "Loans"

Allen Matkins on

As mentioned in my post last week, the Department of Business Oversight issued a press release shortly after Christmas announcing that it had issued a "legal opinion" concerning whether a point-of-sale product constitute...more

Allen Matkins

Department Of Business Oversight Takes Aim At Point-Of-Sale Transactions

Allen Matkins on

Late last month, the California Department of Business Oversight took the unusual step of issuing a press release announcing that it had denied an application by Sezzle Inc. for a lender's license under the California...more

Manatt, Phelps & Phillips, LLP

Small-Dollar Lending: State AGs Offer FDIC Advice, CA DBO Takes Action

Small-dollar lending made headlines recently, with a group of 14 attorneys general responding to the Federal Deposit Insurance Corporation’s (FDIC) request for information (RFI) on the subject and a new California Department...more

Ballard Spahr LLP

CA regulator invites comments on proposed rulemaking to implement new law requiring commercial financing disclosures

Ballard Spahr LLP on

The California Department of Business Oversight (DBO) has issued an invitation for comments from stakeholders in developing regulations to implement SB 1235, the bill signed into law on September 30, 2018 that requires...more

Allen Matkins

Court Of Appeal Shows No Deference To The DBO

Allen Matkins on

For U.S. Supreme Court followers, a hot topic is whether the Court will continue to apply "Chevron deference". Under Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984), a court will uphold an...more

Allen Matkins

California Supreme Court Empowers The DBO And The Courts To Regulate Interest Rates

Allen Matkins on

Section 22303 of the California Financial Code establishes the maximum interest rates applicable to loans less than $2,500. The preceding section incorporates by reference the general Civil Code provision about contract...more

Manatt, Phelps & Phillips, LLP

Online Marketplace Lending on Review by California Regulator

Why it matters - Demonstrating the continuing regulatory interest in online lenders, the California Department of Business Oversight (DBO) announced an inquiry into the marketplace lending industry. While the agency...more

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