CFPB Monitor

MAY 6, 2021

A Maryland administrative action recently removed to the state’s federal district court illustrates how Maryland law continues to present challenges for the bank partner structure used by many lenders. Atlanticus/Fortiva performs all of the collections, servicing, payment and remittance operations in connection with the accounts.

Maryland 78

Maryland Lending Missouri FDIC 78

CFPB Monitor

SEPTEMBER 10, 2020

Thereafter, “using its existing lending operations and personnel, LoanMart commenced ‘marketing’ and ‘servicing’ auto title loans purportedly made by CCBank, a small Utah-chartered bank operating out of Provo, Utah.” Thus, both the OCC and FDIC have adopted regulations rejecting the Second Circuit’s Madden decision.

Utah 78

Utah California FDIC West Virginia 78

CFPB Monitor

MARCH 15, 2022

Given such continuing threats, non-bank participants would be well-advised to revisit their vulnerability to “true lender” challenges and their compliance with state licensing laws. Maryland, New York, North Carolina, Ohio, Pennsylvania, West Virginia, and Colorado. The DFPI is not alone in asserting a “true lender” claim.

California 78

California Innovation Utah West Virginia 78

PYMNTS

FEBRUARY 14, 2019

market for legal weed. Such prohibition could involve limiting FDIC protections for those deposits, for example, or trying to prevent loans to those businesses. Without access to legitimate banking services, the people who run those cannabis shops are forced into “connections” with unsavory people from the black market.

Oregon 230

Oregon Colorado Operations Washington 230

PYMNTS

FEBRUARY 13, 2019

market for legal weed. Such prohibition could involve limiting FDIC protections for those deposits, for example, or trying to prevent loans to those businesses. Without access to legitimate banking services, the people who run those cannabis shops are forced into “connections” with unsavory people from the black market.

Oregon 115

Oregon Colorado Operations Washington 115