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Results: 1-10 of 64

D.C. Circuit Rebukes CFPB in Civil Investigative Demand Enforcement Decision
  • Pepper Hamilton LLP
  • USA
  • April 25 2017

Firms and individuals receiving CIDs now have at least two solid bases endorsed by federal courts to attack CIDs. On April 21, the U


California Supreme Court Finds Arbitration Agreement Waiver of 'Public Right' Unenforceable
  • Pepper Hamilton LLP
  • USA
  • April 18 2017

In light of this decision, providers of consumer products and services should review their existing arbitration agreements to determine whether the


Cross River Bank Fights Back in True Lender Case, Suing Colorado Credit Code Administrator
  • Pepper Hamilton LLP
  • USA
  • April 5 2017

Marketplace lenders that use a bank partner should carefully review their relationships in light of recent attacks on this model. As we reported in


Colorado Attorney General Pursues 'True Lender' and 'Madden' Actions Against Major Non-Bank Online Lenders
  • Pepper Hamilton LLP
  • USA
  • April 3 2017

These complaints drive home the importance of closely scrutinizing contractual provisions governing a “bank model” relationship between a


New York Case Is a Win for the Merchant Cash Advance Industry
  • Pepper Hamilton LLP
  • USA
  • March 31 2017

Providers of cash advances repaid by sales of future receivables in New York can have greater confidence that these advances are not loans and are not


OCC's Proposed Licensing Guidelines Treat Fintech Charters Like Any Other National Bank
  • Pepper Hamilton LLP
  • USA
  • March 24 2017

A fintech company considering a National Bank charter will need to consider whether committing to a multi-year Business Plan is feasible in an


Remand Decision in Madden v. Midland Funding Raises Questions Regarding Choice of Law Clauses in Consumer Loan Agreements
  • Pepper Hamilton LLP
  • USA
  • March 7 2017

A careful parsing of state laws should be done if a lender is relying on a choice of law to avoid states that have criminal usury statutes. On


OCC Establishes New Third-Party Risk Management Expectations, Including for Bank Relationships With Marketplace Lenders
  • Pepper Hamilton LLP
  • USA
  • February 21 2017

The bulletin requires relationships between banks and marketplace lenders to be treated with the same rigor of due diligence and ongoing oversight as


What Do the Election Results Mean for the Financial Services Industry?
  • Pepper Hamilton LLP
  • USA
  • January 5 2017

With President-Elect Donald Trump taking office in a couple of weeks, we thought it was a good time to discuss a topic that a lot of our clients have


The OCC Launches Its New FinTech Charter Initiative
  • Pepper Hamilton LLP
  • USA
  • December 6 2016

Whether the long and arduous chartering process, ongoing examination and supervision requirements, substantial capital requirements and limitations