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Utah and Virginia enact registration and disclosure requirements for providers of merchant cash advances

CFPB Monitor

Utah and Virginia recently became the first two states to require the registration of providers of merchant cash advances. HB 1027 directs the Commission to adopt implementing regulations but does not link the statute’s effective date to the adoption of regulations. The new laws also include disclosure requirements.

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California DFPI issues final regulations implementing 2018 law requiring consumer-like disclosures for commercial financing

CFPB Monitor

The California Department of Financial Protection and Innovation (DFPI) has issued final regulations to implement SB 1235, the bill signed into law on September 30, 2018 that requires consumer-like disclosures to be made for certain commercial financing products, including small business loans and merchant cash advances. .

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LendingClub’s Laplanche Starting New Online Lender

PYMNTS

LendingClub’s former CEO, Renaud Laplanche, who stepped down in May, sending shockwaves throughout the online lending industry, is gearing up to launch a new lender online called Upgrade. The loans will be issued by WebBank out of Utah and later purchased by Upgrade.

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SoFi’s Bank Charter Has Almost No Chance, Former SEC Chairman Says

Bank Innovation

The charter, submitted to the State of Utah last June, would give the online lender the ability to collect deposits insured by the […].

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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.

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Banks Fighting SoFi’s Banking Charter

PYMNTS

The action comes a week after the FDIC announced that digital lender SoFi had applied to the state of Utah for a special banking charter known as an ILC. Ten years ago Walmart to launch in Utah, where many ILCs are based, and was shut down.

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Connecticut poised To become fifth state to enact privacy law

CFPB Monitor

The CTDPA follows the form and content of other privacy laws passed in the prior year, including the Colorado Privacy Act (CPA), Virginia Consumer Data Protection Act (VCDPA), and Utah Privacy Act (UPA). California, of course, passed the California Consumer Privacy Rights Act (CPRA) via ballot initiative in 2020. Children’s Data. Biometrics.