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FDIC sides with Colorado in court tussle over high-cost loans

American Banker

is arguing that Colorado has the right to establish an interest rate cap that all state-chartered banks must follow. The Federal Deposit Insurance Corp. Three industry groups are suing the state in an effort to stop its attempted crackdown.

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California Dept. of Business Oversight launches “true lender” investigation of auto title lender’s partnership with Utah bank

CFPB Monitor

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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Small business borrowers bring lawsuit alleging lender engaged in “rent-a-charter” scheme to make usurious loans

CFPB Monitor

Celtic could not make and keep the loans on its balance sheet because they would create an unacceptable risk under FDIC regulations. The complaint includes claims for violations of state usury laws (California, Massachusetts, Colorado, New York) and racketeering and conspiracy under federal RICO statutes.

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California lawmakers urge FDIC to rein in bank partnerships

CFPB Monitor

Four Democratic members of the California state legislature recently sent a letter to the Federal Deposit Insurance Corporation (FDIC) urging the agency to take action against FDIC-supervised banks that partner with non-bank lenders to originate high-cost installment loans.

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Republican lawmakers urge OCC to address Madden through rulemaking

CFPB Monitor

In their letter, the lawmakers indicate that they “appreciate the OCC’s and the FDIC’s expression of support for the ‘valid when made’ doctrine in the agencies’ recent amicus brief filed to the U.S. District Court of Colorado in Rent-Rite Super Kegs, Ltd. World Business Lenders, LLC.”

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Hundreds comment on OCC proposed “true lender” rule

CFPB Monitor

Supporters point out the Proposed Rule would result in strong and consistent supervision of bank-fintech partnerships across the country, ensuring fairness and compliance with applicable laws, and note the Proposed Rule would keep the costs of credit down and encourage innovation.

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