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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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Colorado state court rules federal interest rate preemption for state bank loans does not extend to non-bank assignees; Ballard Spahr to hold June 19 webinar

CFPB Monitor

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. The ruling in Martha Fulford, Administrator, Uniform Consumer Credit Code v.

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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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Bankers: Is your strategy the same as your competitor?

Jeff For Banks

Lending services include commercial loans to small to medium-sized businesses and professional concerns as well as consumers. We are registered in Colorado and Oregon as a lender and our employees maintain home offices in those states from which we originate and underwrite those loans. Department of Agriculture.

Strategy 101
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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

For example, the Marketplace Lending Association, a trade association for banks and companies that cap rates at 36% per annum on their loans, wrote: “without access to affordable credit, consumers will be in danger of being ensnared in high cost or predatory debt traps.”.

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