CFPB Monitor
APRIL 19, 2023
Legislation to opt out of a 43-year-old federal law allowing FDIC-insured state banks to “export” interest on interstate loans to the same extent as their national bank counterparts is quietly, but swiftly, working its way through the Colorado legislature.
CFPB Monitor
SEPTEMBER 12, 2019
The OCC and FDIC have filed a joint amicus brief in a Colorado federal district court arguing that the court should affirm the decision of a bankruptcy court holding that a non-bank loan assignee could charge the same interest rate the bank assignor could charge under Section 27(a) of the Federal Deposit Insurance Act, 12 U.S.C.
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CFPB Monitor
AUGUST 24, 2020
We have previously blogged about the lawsuits filed by the Colorado Attorney General against fintechs Avant and Marlette Funding and their partner banks WebBank and Cross River Bank. Supreme Court, a Colorado appellate court (after any chance for appeal has run) or the FDIC adopts a “true lender” test that differs from the safe harbor).
PYMNTS
OCTOBER 25, 2019
The Commodity Futures Trading Commission ( CFTC ), Federal Deposit Insurance Corporation ( FDIC ), Office of the Comptroller of the Currency ( OCC ), and the Securities and Exchange Commission ( SEC ) have announced that they are joining the Global Financial Innovation Network ( GFIN ). Colorado’s bill does have support from some lawmakers.
CFPB Monitor
JUNE 12, 2020
A Colorado state district court has ruled that a non-bank assignee of loans made by a state bank cannot charge the same interest rate that the state bank assignor can charge under Section 27(a) of the Federal Deposit Insurance Act (12 U.S.C. Rather, the decision acknowledges that both the OCC and FDIC had issued proposals rejecting Madden.
CFPB Monitor
AUGUST 17, 2020
In an order issued August 12, 2020, the United States District Court for the District of Colorado relied on the OCC’s “ Madden fix” rule to hold that, under Section 27 of the Federal Deposit Insurance Act, 12 U.S.C. The district court’s order is the first decision we have seen addressing either the OCC’s or the FDIC’s Madden fix.
CFPB Monitor
SEPTEMBER 10, 2020
Because CCBank is a state-chartered FDIC-insured bank located in Utah, Section 27(a) of the Federal Deposit Insurance Act authorizes CCBank to charge interest on its loans, including loans to California residents, at a rate allowed by Utah law regardless of any California law imposing a lower interest rate limit.
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