In recent years, several state legislatures have enacted consumer credit laws designed to regulate FinTech companies operating through partnerships with depository institutions, or more generally to limit the interest rates...more
Minnesota, Nevada, and Rhode Island are the most recent additions to the list of jurisdictions that have proposed legislation to opt out of the Depository Institutions Deregulation and Monetary Control Act (DIDMCA). Sections...more
The new year brings with it four new jurisdictions to watch regarding proposed true lender legislation and Depository Institutions Deregulation and Monetary Control Act (DIDMCA) opt-outs. The District of Columbia, Florida,...more
At long last, the FDIC has issued its final rule codifying the “valid when made” doctrine. The rule was finalized on June 25, 2020, and clarifies that the interest rate lawfully assessed by an originating depository...more
6/26/2020
/ Bank Loan Markets ,
Branch Offices ,
Compliance ,
Depository Institutions ,
FDIC ,
Final Rules ,
Interest Rates ,
Lenders ,
Non-Depository Institutions ,
Partnerships ,
Real Party in Interest ,
State and Local Government ,
State Charters ,
Valid When Made Doctrine
On June 9, 2020, the Colorado District Court issued an order stating that federal interest rate exportation authority under Section 27 of the Federal Depository Insurance Act does not extend to non-bank entities that purchase...more
6/22/2020
/ Appeals ,
Colorado ,
FDIC ,
Interest Rates ,
Loans ,
Non-Bank Lenders ,
State and Local Government ,
Third Party Purchaser (TPP) ,
True Lender ,
Uniform Commercial Code (UCC) ,
Usury