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States Sue Bank Regulator to Overturn ‘True Lender’ Rule

Account Recovery

A group of eight state attorneys general filed suit yesterday in federal court in New York to block a rule that was issued by the Office of the Comptroller of the Currency that aimed to close a gap in the process of banks selling loans to third parties, such as debt buyers, arguing that the … The post States Sue Bank Regulator to Overturn ‘True (..)

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OCC Issues ‘True Lender’ Final Rule To Help Facilitate Loan Sales

Account Recovery

The Office of the Comptroller of the Currency has issued a final rule that will close a gap in the process of banks selling loans to third parties, such as debt buyers, which could help facilitate more portfolio sales. The rule will go into effect 60 days after it is published in the Federal Register.

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Legislation Proposed to Use CRA to Repeal OCC’s ‘True Lender’ Rule

Account Recovery

In a sign of what may be to come, two members of Congress have announced plans to use the Congressional Review Act to repeal the Office of the Comptroller of the Currency’s “True Lender” rule, which was put into effect to help facilitate the sale of loans and portfolios from banks to debt buyers, among … The post Legislation (..)

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Payday Lender Appeals $132M Restitution Award

Account Recovery

A payday lender is appealing an administrative law judge’s ruling that it should repay $132 million in restitution to individuals who were misled regarding the terms of the loans they originated, were wrongfully required to provide access to their bank accounts, and had money taken from those accounts without their approval.

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Washington D.C. Introduces Legislation Attacking Fintech-Bank Partnership Lending by Opting Out of DIDMCA and Codifying a “True Lender” Test

Troutman Sanders

McDuffie introduced B 25-0609 , entitled the Protecting Affordable Loans Amendment Act of 2023, that proposes to opt the District of Columbia out of sections 521-523 of the Depository Institutions Deregulation and Monetary Control Act (DIDMCA). export” their home state’s interest-rate authority).

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Bank and Loan Servicer Move to Dismiss Purported Class Action Asserting Violations of Georgia Usury Law and RICO

Troutman Sanders

Recently, Lead Bank and its loan servicer Hyphen, LLC, an online lending platform operating Helix Financial, filed a motion to dismiss a purported class action alleging violations of the Georgia Installment Loan Act (GILA) and Georgia racketeering law arising out of a consumer installment or “payday loan.”

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Florida Senator Introduces Bill Regulating Bank Model Lending and Loan Programs Based on Voluntary Tips

Troutman Sanders

SB 146 would treat all payments incident to the loan as interest, even if voluntary, and would adopt both predominant economic interest and totality of the circumstance tests for true lender purposes.

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