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Illinois regulator issues proposed Predatory Loan Prevention Act regulations; lawsuits filed to block implementation of Act’s database reporting requirement and for declaration Act does not apply to pawn transactions

CFPB Monitor

The Act extends the 36% “all-in” Military Annual Percentage Rate (MAPR) finance charge cap of the federal Military Lending Act (MLA) to “any person or entity that offers or makes a loan to a consumer in Illinois” unless made by a statutorily exempt entity.

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OppFi asks court to reject California Department of Financial Protection and Innovation’s “true lender” challenge to loans made through bank partnership

CFPB Monitor

The other provision is Section 22324 which prohibits “contract[ing] for or “negotiat[ing] in this state for a loan to made outside of the state for purpose of evading or avoiding” California lending law. If such conduct constitutes actionable ‘evasion,’ that would render the constitutional and statutory exemptions null and void.”.

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Trade groups file opposition to CFPB’s motion for summary judgment in Texas lawsuit challenging CFPB payday loan rule

CFPB Monitor

The trade groups make the following principal arguments in their new filing: The CFPB’s pre- Seila Law unconstitutional structure rendered all of the CFPB’s acts null and void. Constitution and the Administrative Procedures Act (APA) and that the payments provisions have additional infirmities that render them invalid.

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Illinois Predatory Loan Prevention Act signed into law and now effective

CFPB Monitor

The Act provides that any loan made in excess of a 36% MAPR is considered null and void, and no entity has the “right to collect, attempt to collect, receive, or retain any principal, fee, interest, or charges related to the loan.” Each violation of the Act is subject to a fine of up to $10,000. in an online transaction).

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Illinois Legislature Passes New “All-In” Finance Charge Cap

CFPB Monitor

The drafters’ inclusion of the “ Predatory Loan Prevention Act ” in SB 1792 would extend the 36% “all-in” Military Annual Percentage Rate (MAPR) finance charge cap of the federal Military Lending Act (MLA) to “any person or entity that offers or makes a loan to a consumer in Illinois” unless made by a statutorily exempt entity (i.e.,

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The CFPB’s Uncertain 2017

PYMNTS

Also an area of concern is the way in which the bureau used various types of statistical modeling to prove alleged racial discrimination in auto lending. Some, however, have noted that acting directly against Cordray may not be necessary at all, since the courts may render the question of his position null and void.