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FinTech Loans

Mayer Brown

The New Face of Finance Companies: What Changes with CMN Resolution No. 5,237/2025

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In one of the most relevant regulatory developments in years, the Brazilian National Monetary Council (“CMN”) issued Resolution No. 5,237, dated July 24, 2025 (“CMN Resolution 5,237/25”), establishing a new regulatory...more

Mayer Brown

US FDIC Requests Comment on Industrial Loan Company Framework

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On July 15, 2025, the Federal Deposit Insurance Corporation (“FDIC”) requested comment on its framework for reviewing applications for deposit insurance from industrial loan companies and industrial banks (collectively,...more

A&O Shearman

BNPL UK statutory instrument partially in force

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The UK statutory instrument (The Financial Services and Markets Act 2000 (Regulated Activities etc.) (Amendment) Order 2025) implementing the necessary legislative changes for progressing buy-now, pay-later (BNPL) regulation...more

Troutman Pepper Locke

Texas Enacts New Commercial Sales-Based Financing Bill Severely Restricting Automatic Debits

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On June 20, the Texas Legislature passed H.B. 700, which introduces several new regulatory requirements for providers and brokers of commercial sales-based financing operating within the state. The law applies to merchant...more

Sheppard Mullin Richter & Hampton LLP

Nevada Enacts Law Allowing Remote Licensing for Internet Consumer Lenders

On May 28, Nevada Governor Joe Lombardo approved SB 437, creating a new framework for internet-based consumer lenders that lend to Nevada residents. The law defines an “Internet consumer lender” as any entity that exclusively...more

Troutman Pepper Locke

Explore the Impact of Point-of-Sale Finance in Our Upcoming Series — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Jason Cover to introduce an upcoming special series focused on point-of-sale finance, a rapidly evolving sector in consumer financial services. This...more

Hudson Cook, LLP

North Dakota Law Regulates "Alternative Financing" as a "Loan"

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The state legislature in North Dakota recently passed House Bill 1127. This bill made a simple amendment to a 1970s-era law called the Money Brokers Act ("MBA")....more

Orrick, Herrington & Sutcliffe LLP

Three industry groups pen letters commenting on CFPB rules

On or around May 12, three industry groups submitted comment letters following the OMB’s request to identify rules and guidance to be deregulated. The letters submitted by industry groups highlighted several regulations for...more

Troutman Pepper Locke

Welcoming a New Payment Pro: Jason Cover Joins the Payments Pros Podcast — Payments Pros – The Payments Law Podcast

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In this episode of Payments Pros, Carlin McCrory introduces Jason Cover as a new co-host. Jason, a partner in Troutman Pepper Locke's Consumer Financial Services practice, brings extensive knowledge in consumer lending and...more

Goodwin

Exclusivity Provisions: Fintechs Need an Active Backup Bank

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Virtually every bank’s form lending program agreement we’ve negotiated for our fintech clients has come with an exclusivity provision.  The bank’s policy behind them is simple: We’ve put in the time, effort, expertise...more

Troutman Pepper Locke

EWA Provider Sues New York Attorney General Over Threatened Enforcement Action

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On April 7, DailyPay, LLC, an employer-integrated earned wage access (EWA) provider, filed a lawsuit against New York Attorney General Letitia James, seeking declaratory relief to prevent the enforcement of state and federal...more

Morrison & Foerster LLP

MoForecast: State AGs and Consumer Financial Protection: Anticipating Shifts in Enforcement Focus

As the Consumer Financial Protection Bureau (CFPB) faces uncertainty, state attorneys general (state AGs) are poised to fill the enforcement gap in consumer financial protection. With the CFPB’s future in question, state AGs...more

Orrick, Herrington & Sutcliffe LLP

Virginia governor vetoes law that would have restricted fintech lending

On March 25, Virginia Governor Glenn Youngkin vetoed a bill, SB 1252, which would have subjected persons “[m]aking, offering, assisting, or arranging a debtor to obtain a loan” to the state’s 12 percent usury limit. The bill...more

Sheppard Mullin Richter & Hampton LLP

Virginia Governor Vetoes Rate Cap and AI Regulation Bills

On March 25, Virginia Governor Glenn Youngkin vetoed two bills that sought to impose new restrictions on “high-risk” artificial intelligence (AI) systems and fintech lending partnerships. The vetoes reflect the Governor’s...more

Sheppard Mullin Richter & Hampton LLP

CFPB to Withdraw BNPL Interpretive Rule Amid Broader Agency Rollback

The CFPB has announced plans to withdraw its May 2024 interpretive rule that subjected buy-now, pay-later (BNPL) products to regulations applicable to credit cards under the Truth in Lending Act (TILA). The move was revealed...more

Stinson LLP

OCC Charts a New Path for FinTech Banking

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On March 17, the Office of the Comptroller of the Currency (OCC) announced that the agency granted conditional approval for a leading FinTech company to indirectly acquire a nationally chartered bank, enabling the FinTech...more

Mayer Brown

What to Expect in Securitization in 2025

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Please join Mayer Brown partners Frank Doorley, Patrick Healy, Janice Kong, and Tameem Zainulbhai for a discussion on What to Expect in 2025 in the fields of structured finance and securitization. They will examine some key...more

Troutman Pepper Locke

OCC Conditionally Approves Fintech Business Model for SmartBiz Bank, N.A.

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On March 17, the Office of the Comptroller of the Currency (OCC) announced that it has granted conditional approval for SmartBiz Loans to transform the business model of CenTrust Bank, N.A., located in Northbrook, Illinois....more

Sheppard Mullin Richter & Hampton LLP

FDIC Withdraws Support for Colorado’s Opt-Out Law Before Tenth Circuit

On February 26, the FDIC withdrew its amicus brief in the 10th Circuit Court of Appeals challenging Colorado’s 2023 opt-out law which aimed to restricting higher-cost online lending. The FDIC’s decision follows a shift in the...more

Troutman Pepper Locke

Virginia’s SB 1252: Potential Impact on Banks and Fintechs

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On January 8, Senate Bill No. 1252 (SB 1252) was introduced to the Virginia General Assembly, aiming to amend and reenact sections of the Code of Virginia related to the application of usury rates. Just two weeks ago, the...more

Troutman Pepper Locke

Colorado, Virginia Legislation Would Impact Fintech Lending

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James Kim, leader of Troutman Pepper Locke’s Fintech Industry Group, was quoted in the February 26, 2025 Banking Dive article, “Colorado, Virginia Legislation Would Impact Fintech Lending.”...more

Hudson Cook, LLP

Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers

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In the last few years, state legislatures have enacted legislation to curtail online bank lending in response to advocacy efforts by consumer activists. Such programs, in which nonbank financial technology companies...more

Goodwin

Compliance Covenants in Fintech Investment Side Letters

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Fintech companies that partner with banks to deliver financial products and services can be among the most compliance-fortified financial services companies. A fintech with a lending solution can operate with at least seven...more

Katten Muchin Rosenman LLP

Federal Banking Agencies Increase Spotlight on Bank Fintech Arrangements

On July 24, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the Banking Regulators) jointly released the...more

Troutman Pepper Locke

CFPB Files Lawsuit Against SoLo Funds for Alleged Deceptive Lending Practices

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Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a complaint against SoLo Funds, Inc., a fintech company operating a small-dollar, short-term lending platform. The CFPB alleges that SoLo Funds...more

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