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Capitol Hill Hearing Examines ‘Rent-A-Bank’ Schemes To Sidestep Interest Rate Caps

PYMNTS

Lauren Saunders, who serves as associate director of the National Consumer Law Center, said state-regulated lenders “lauder their loans up to 160 percent annual percentage rates through banks in order to evade state interest rate caps. Testimony from Diaz and Saunders identified three banks based in Utah tied to such schemes.

Utah 130
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California Dept. of Business Oversight launches “true lender” investigation of auto title lender’s partnership with Utah bank

CFPB Monitor

Thereafter, “using its existing lending operations and personnel, LoanMart commenced ‘marketing’ and ‘servicing’ auto title loans purportedly made by CCBank, a small Utah-chartered bank operating out of Provo, Utah.” Thus, both the OCC and FDIC have adopted regulations rejecting the Second Circuit’s Madden decision.

Utah 78
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Small Business Borrower Sues Kabbage

PYMNTS

A small business (SMB) in Massachusetts borrowing funds via marketplace lender Kabbage has sued the platform, igniting new debate in the conversation over the definition of a “true lender,” according to reports in the National Law Review on Tuesday (Oct. Usury laws regulate how much interest can be charged on a loan.

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OCC approves national bank charter applications of fintech company

CFPB Monitor

SoFi) to create SoFi Bank, National Association (SoFi Bank, N.A.), as a full service national bank headquartered in Cottonwood Heights, Utah. The bank will also provide a fully digital, mobile-first national lending platform for consumers across the country.

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Data Dive, Supersize Edition: Warby Parker, Whole Foods And WhatsApp

PYMNTS

WhatsApp Pay began testing its service in that country earlier this year with reports of roughly one million users, processing roughly one million transactions per month, according to people close to the National Payments Corporation of India (NPCI).

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Update on state small business commercial financing disclosure laws

CFPB Monitor

Around the nation, regulators are preparing to implement and enforce new consumer-like disclosure laws for small business commercial finance providers. New York regulators have yet to issue final regulations implementing the state’s Commercial Finance Disclosure Law (CFDL), which went into effect on January 1, 2022.

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Fed proposal to revise control rules would not create alternative to OCC fintech charter

CFPB Monitor

Under current regulations, private equity firms are ineligible to register as bank holding companies because they are control companies that are engaged in impermissible activities. The proposal’s comment period closes on July 15, 2019.

Utah 68