News & Analysis as of

Department of Financial Protection and Innovation (DFPI)

Shipkevich PLLC

California DFPI Seeks Greater Oversight Over Additional Consumer Financial Services: Seeks Comments on Who Should Be Regulated...

Shipkevich PLLC on

The ink is barely dry on the California Department of Financial Protection and Innovation’s (“DFPI” or the “Department”) newly approved regulation package PRO 01-21, and DFPI has already begun to take steps to implement...more

Allen Matkins

Will Your Industry Be On Deck For Registration With The California Department Of Financial Protection & Innovation?

Allen Matkins on

The California Consumer Financial Protection Law (CCFPL) authorizes the Department of Financial Protection & Innovation (DFPI) “regarding registration requirements applicable to a covered person engaged in the business of...more

Orrick, Herrington & Sutcliffe LLP

DFPI releases new regulations and registration requirements for financial service providers under the CCFPL

On October 22, the California DFPI announced that beginning in February 15, 2025, it will register and regulate debt settlement services, education financing, income-based advances and student debt relief providers. The final...more

Troutman Pepper

California DFPI’s Earned Wage Access Regulations Approved by OAL

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On October 11, the Office of Administrative Law (OAL) approved the California Department of Financial Protection and Innovation’s (DFPI) proposed regulations on direct-to-consumer (i.e., non-employer offered) earned wage...more

Paul Hastings LLP

Daily Financial Regulation Update -- Wednesday October 23

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October 22, 2024- The Consumer Financial Protection Bureau finalized the Section 1033 Open Banking rule that requires financial institutions, credit card issuers, and other financial providers to unlock an individual’s...more

Shipkevich PLLC

CA DFPI Approves Third Set of Proposed Regulations for the Registration of Debt Settlement Companies and Other Providers

Shipkevich PLLC on

On October 11, 2024, the California Department of Financial Protection and Innovation (DFPI) approved regulations submitted to the California Office of Administrative Law (OAL) under its authority granted by the California...more

Allen Matkins

As Predicted, Digital Financial Asset Law Is Delayed

Allen Matkins on

Exactly one year ago today, I wrote that Governor Newsom had signed a bill, AB 39, that will prohibit a person from engaging in digital financial asset business activity without a license from Department of Financial...more

Sheppard Mullin Richter & Hampton LLP

DFPI Cracks Down on Illegal Student Loan Debt Relief Practices

On September 30, a credit repair service provider and its owner were ordered to pay $31 million in consumer redress, and a $19 million civil money penalty, when a Massachusetts federal court granted summary judgment for the...more

Orrick, Herrington & Sutcliffe LLP

California’s DFPI takes action against advance fees for student loan debt relief services

On September 17, the California DFPI announced enforcement actions against three companies for allegedly making false representations regarding student loan debt relief and charging fees for providing student loan debt relief...more

Troutman Pepper

Federal Reserve Bank of San Francisco and DFPI Office of Financial Technology Innovation’s Office Hours

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These office hours provide a one-to-one engagement opportunity for organizations to share their stories, offer viewpoints, or gain insights into the regulatory and supervisory landscape....more

Robinson Bradshaw

New Disclosure Requirements for Fund Sponsors Under the California Venture Capital Diversity Reporting Law

Robinson Bradshaw on

In June, California approved amendments to its October 2023 law, Fair Investment Practices by Venture Capital Companies (California VC Diversity Law). The California VC Diversity Law requires covered venture capital...more

Allen Matkins

California Court Upholds Daily Transaction Limits On Bitcoin ATMs

Allen Matkins on

A year ago, Governor Gavin Newsom signed two bills,  Assembly Bill 39 and Senate Bill 401, that created the California Digital Financial Assets Law.  SB 401 added Section 3902 to the Financial Code to prohibit an operator of...more

Allen Matkins

Is Due Process Denied When The DFPI Isn't Required To Read Or Become Familiar With The Record?

Allen Matkins on

In  S.E.C. v. Jarkesy, 2024 WL 3187811 (June 27, 2024), the United States Supreme Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh...more

Allen Matkins

What Exactly Does The Deputy Commissioner For New Covered Persons Oversee?

Allen Matkins on

Since I served as Commissioner of Corporations in the 1990s, the Department of Corporations has consolidated with the Department of Financial Institutions and changed its name twice.  It is now known by the unwieldy name of...more

Allen Matkins

Court Allows Borrower To Challenge Department's Decision To Issue A Finance Lender's License

Allen Matkins on

A lot has changed since George Gerro filed an action seeking a declaration that the California finance lender's license issued to BlockFi Lending LLC  was both void and improperly issued: Blockfi has filed for bankruptcy; the...more

Orrick, Herrington & Sutcliffe LLP

DFPI revokes fintech’s CFL license

On July 10, the California DFPI issued an order revoking the financing law license it issued to a fintech company pursuant to its authority under Financial Code Section 22714. The order came following the expiration of the...more

Goodwin

California DFPI Revokes Company's Lending License for Failing to Comply with Regulatory Exam

Goodwin on

On July 10, 2024, the California Department of Financial Protection and Innovation (DFPI) issued an order revoking the California Financing Law license of a company that had offered both individual and business loans in the...more

Orrick, Herrington & Sutcliffe LLP

DFPI has bank pay $63 million for crypto-exchange non-compliance

On July 1, the California DFPI released a consent order against a bank holding company for allegedly making misleading statements about the bank’s BSA/AML compliance program related to its crypto-asset exchange network. The...more

Troutman Pepper

California DFPI Announces Third Modifications to Proposed Rulemaking on Earned Wage Access Products

Troutman Pepper on

The California Department of Financial Protection and Innovation (DFPI) has once again modified its proposed rulemaking on earned wage access (EWA) products. As discussed here, this spring the Office of Administrative Law...more

Allen Matkins

California Doubles Down On Problematic Venture Capital Reporting Law

Allen Matkins on

Given the importance of venture capital to California's economy, one might expect that state lawmakers would be keen to nurture the industry rather than enact laws that encourage venture capital companies to avoid the Golden...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: California Consumer Finance Law - Hot Topics and Recent Developments

Ballard Spahr LLP on

California frequently is in the vanguard of consumer financial issues and legislation, foreshadowing trends that may spread to other states. Today’s episode, during which we explore important hot topics and recent...more

Orrick, Herrington & Sutcliffe LLP

DFPI proposes amendments to regulations under the California Debt Collection Licensing Act

On June 17, the California DFPI proposed to amend the California Code of Regulations relating to requirements under the Debt Collection Licensing Act (DCLA) and will be accepting comments through July 3. The proposed...more

Allen Matkins

Does Jarkesy Negate Administrative Penalties Under The California Corporate Securities Law?

Allen Matkins on

Yesterday, the United States Supreme Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment to the U.S. Constitution entitles the...more

Orrick, Herrington & Sutcliffe LLP

California’s DFPI orders two crypto-asset companies to stop operations

On June 5, the California DFPI issued two desist and refrain orders against securities firms for allegedly offering unqualified securities under California’s Corporate Securities Law (CSL). The first order was against a...more

Manatt, Phelps & Phillips, LLP

California Commercial Financing Registration Requirement Passes Senate

Increased regulation of commercial financing shows no signs of stopping. California SB 1482, which would require commercial financing providers and brokers to register with the California Department of Financial Protection...more

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