Recent regulatory developments point to the potential for increased regulatory scrutiny of marketplace lending and their service providers.
Among these developments is the FTC's new FinTech forum which addresses marketplace lending. The forum was promoted by the FTC as the first in a series it plans to hold in order to explore emerging financial technology and its implications for consumers. The discussion in the forum covered a wide range of themes relevant to marketplace lending, including the implications of the Fair Credit Reporting Act ("FCRA") on marketplace lenders' usage of information about consumers in making credit decisions; the appropriate tools and context of disclosing loan terms during an online application process; and issues concerning the regulatory limitations on sharing consumer data by marketplace lenders and related third parties, including lead generators.
The FTC's regulatory review regarding this issue was also followed by the announcement of the Consumer Financial Protection Bureau concerning the acceptance of complaints on consumer loans from online marketplace lenders, as well by the announcement of the U.S. Treasury Department with regard to the publication of a White Paper concerning its review of the online marketplace lending industry.