News & Analysis as of

Financial Services Industry Department of Financial Protection and Innovation (DFPI) FinTech

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

Ballard Spahr LLP

Ninth Circuit: Arbitration clause prevails in “true lender” challenge against OppFi

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In a recent unpublished memorandum opinion in a putative class action, Carpenter et al. v. Opportunity Financial, LLC, the U.S. Court of Appeals for the Ninth Circuit upheld an arbitration clause in an agreement governing...more

Goodwin

2023 Year in Review: Fintech

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Welcome to the Fintech chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The CFPB is expected to finalize rulemaking authorizing supervision of payment application...more

Ballard Spahr LLP

Fintech trade group sends letter to Director Chopra urging CFPB to develop regulatory approach for earned wage access products

Ballard Spahr LLP on

The American Fintech Council (AFC), a trade group whose members include providers of earned wage access (EWA) products, has sent a letter to Director Chopra urging the CFPB to take steps towards development of a “pragmatic...more

Goodwin

California Department of Financial Protection Issues Consent Order Against Fintech Company

Goodwin on

​​​​​​​On January 9, 2024, the California Department of Financial Protection and Innovation (DFPI) announced that it entered into a consent order with a Delaware fintech company that provided California consumers with access...more

Troutman Pepper

Calif. Banking Brief: The Notable Compliance Updates in Q3

Troutman Pepper on

The California Department of Financial Protection and Innovation, or DFPI, continued to have significant influence over legislative and regulatory developments in the third quarter of 2023. Originally published in Law360 -...more

Hudson Cook, LLP

CFPB Bites of the Month - 2023 Annual Review - Fintech

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In this article, we share a timeline of our monthly "bites" for 2023 applicable to fintech. The Consumer Financial Protection Bureau (CFPB) and its director, Rohit Chopra, continued the agency's focus on the everyday consumer...more

Sheppard Mullin Richter & Hampton LLP

California Court Denies DFPI’s Motion for Preliminary Injunction Against Fintech

On October 30, the Superior Court of California County of Los Angeles denied the DFPI’s motion for a preliminary injunction to force a Chicago-based fintech company to stop facilitating loans to California borrowers from its...more

Ballard Spahr LLP

California Court Denies DFPI’s Motion for Preliminary Injunction Against OppFi

Ballard Spahr LLP on

In a lengthy (65-page) order, the California Superior Court in Los Angeles has issued an extremely important decision upholding the legitimacy of bank-model online lending by denying a motion for preliminary injunction filed...more

Ballard Spahr LLP

OppFi Hat Trick: Third Federal Court Upholds Arbitration Clause

Ballard Spahr LLP on

Earlier this month, in Fama v. Opportunity Financial LLC, a Magistrate Judge of the federal district court for the Western District of Washington held that the arbitration provision in OppFi’s installment loan agreement is...more

Ballard Spahr LLP

California Reconsidering the “Digital Financial Assets Law”

Ballard Spahr LLP on

As readers may recall, California previously attempted to enact a “Digital Financial Assets Law” with the introduction of AB 2269 in February 2022. In relevant part, AB 2269 proposed (1) a stringent licensing requirement for...more

Paul Hastings LLP

Finance Providers Need to Be Aware of New Commercial Finance Disclosure Laws

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While consumer lenders have long been attuned to disclosure requirements under the Truth in Lending Act, many commercial financiers are or soon will be subject to similar state-level obligations. On June 23, 2023, Florida...more

Orrick, Herrington & Sutcliffe LLP

Fintech fined over interest charges billed as tips and donations

A California-based fintech company recently entered separate consent orders with California, Connecticut, and the District of Columbia to resolve allegations claiming it disguised interest charges as tips and donations...more

Ballard Spahr LLP

Fintech settles allegations that payment of tips and donations was a hidden interest charge

Ballard Spahr LLP on

A fintech peer-to-peer lender has entered into separate consent orders with California, Washington D.C., and Connecticut relating to its practice of requesting tips and donations in connection with the loans offered through...more

Orrick, Herrington & Sutcliffe LLP

DFPI launches crypto scam tracker

On February 16, the California Department of Financial Protection and Innovation (DFPI) launched a database to help consumers in the state spot and avoid crypto scams. ...more

Sheppard Mullin Richter & Hampton LLP

FinTech Prevails in Texas “True Lender” Challenge

On January 11, 2023, a Texas federal court dismissed a class action lawsuit against a leading financial technology company alleging it violated Texas usury laws by charging interest on loans it made through a partnership with...more

Wilson Sonsini Goodrich & Rosati

Focus on Fintech – Q4 2022

In this latest issue of Wilson Sonsini's Focus on Fintech newsletter, we discuss the FTX bankruptcy and the increased federal regulatory scrutiny of crypto assets, and new rules and innovations in the payments...more

Jenner & Block

California’s Consumer Finance Regulator and Fintech: A Look at the DFPI’s First Year

Jenner & Block on

The regulation and enforcement of financial technology (Fintech) remains in sharp focus for California’s consumer finance regulator, the Department of Financial Protection and Innovation (DFPI), as it moves into its second...more

Sheppard Mullin Richter & Hampton LLP

California Strikes Back: Filing Cross-Complaint Alleging FinTech is “True Lender,” Seeks $100M Penalty

On April 8, the California Department of Financial Protection and Innovation (DFPI) filed a cross-complaint against a Chicago-based FinTech company alleging that as the “true lender” of consumer installment loans, it is...more

Mayer Brown

Marketplace Lender’s Lawsuit Against California DFPI Challenges “True Lender” Recharacterization

Mayer Brown on

Marketplace lender Opportunity Financial, LLC (“OppFi”) has gone on the offensive against the California Department of Financial Protection and Innovation (“DFPI”) to protect its bank partnership program against challenge on...more

Husch Blackwell LLP

Fintech Seeks "True Lender" Ruling to Stop Regulator From Enforcing a California Interest Rate Limit

Husch Blackwell LLP on

On March 7, 2022, a fintech filed a lawsuit in California state court asking the court to declare that an interest rate limit under the California Financing Law (CFL) does not apply to the short-term consumer loans made by an...more

Eversheds Sutherland (US) LLP

Focus on Fintech: Auto Title Lender LoanMart Agrees to End Bank Partnership Lending Program Following “True Lender” Inquiry by...

On December 14, 2021, Wheels Financial, LLC (d/b/a LoanMart) entered into a consent order with the California Department of Financial Products and Innovation (DFPI) in which the company agreed to end its lending partnership...more

Davis Wright Tremaine LLP

FinTech Innovation at California's Newest Financial Regulator Webinar Recap

On October 1, 2021, DWT's Department of Financial Protection and Innovation (DFPI) Taskforce hosted a discussion with Christina Tetreault, the Deputy Commissioner of the DFPI's Office of Financial Technology Innovation...more

Davis Wright Tremaine LLP

[Webinar] FinTech Innovation at California’s Newest Financial Regulator: A Discussion with Christina Tetreault, head of the Office...

The California Department of Financial Protection and Innovation (DFPI) aspires to be a "premier financial regulator and national model for consumer protection.” Integral to its strategy is the Office of Financial Technology...more

Sheppard Mullin Richter & Hampton LLP

Are Income Share Agreements Loans? The CFPB Says Yes

Last month we wrote a blog relating to a consent order entered into by the California Department of Financial Protection and Innovation (DFPI) with a servicer of income share agreements. The DFPI determined that, despite...more

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