On January 20, 2022, the FTC continued its recent experiment in holding open meetings of its commissioners. The FTC did not vote on new initiatives; Chair Lina Khan is likely waiting for a third Democratic commissioner before pushing through her more controversial agenda. Public comments focused on two areas: possible anticompetitive conduct in the franchise
Congress Prepares to Invalidate OCC’s True Lender Rule
On Thursday (March 26, 2021), Senator Chris Van Hollen (D-MD) introduced a Congressional Review Act (CRA) resolution of disapproval to invalidate the Office of the Comptroller of the Currency’s (OCC) true lender rule. The resolution is co-sponsored by Senate Banking Committee Chair Sherrod Brown (D-OH) and Senators Jack Reed (D-RI), Elizabeth Warren (D-MA), Catherine Cortez-Masto (NV), Tina Smith (D-MN), and Dianne Feinstein (D-CA). Rep. Chuy Garcia (D-IL) participated in the introduction of the resolution, signaling support for the resolution by House Democrats. The Biden Administration has not yet stated its support for the resolution, though President Biden is likely to sign the resolution into law if Congress passes it.
With the statutory deadline for Congress to take up the resolution of disapproval quickly approaching in approximately mid-May, Congress will have to either pass the resolution when it returns in April from its two week recess, or effectively defer to President Biden’s future Comptroller of the Currency to determine the future of the rule. Given the Democrats’ narrow majorities in both houses of Congress, the vote on the resolution is expected to be close with possible defections on both sides of the aisle. If Congress does not pass the resolution by the statutory deadline, the new Comptroller of the Currency could still seek to repeal or modify the rule at a later date. President Biden has not yet announced a nominee for Comptroller.
Continue Reading Congress Prepares to Invalidate OCC’s True Lender Rule
US Marketplace Lenders Take Note: CFPB Scores Big Win in CashCall Lawsuit That Turns on “True Lender” Analysis
A federal district court in California handed the Consumer Financial Protection Bureau (CFPB) a big win on Wednesday, August 31, 2016, granting the agency summary judgment on liability in its lawsuit against CashCall, Inc., its affiliated entities and its owner. In a 16-page decision and order, the US District Court for the Central District …
Treasury Department Issues Marketplace Lending Report, Outlines Possible Regulatory Path
Some segments of the marketplace lending business model (a subset of the growing FinTech industry sometimes referred to as peer-to-peer lending), might become subject to additional regulation if the federal and state regulatory agencies take to heart the results of a recent Treasury Department report.
Continue Reading Treasury Department Issues Marketplace Lending Report, Outlines Possible Regulatory Path