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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). Late last month, Councilmember Kenyan R. export” their home state’s interest-rate authority).

Lender 64
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PPP Borrower Pays Damages and Penalties to Government in First False Claims Act Settlement

Burr Forman

received a PPP loan under the CARES Act. SlideBelts is an internet retail company and debtor in bankruptcy. SlideBelts and its president/CEO agreed to resolve the allegations in connection with the PPP loan by paying the government damages and penalties of $100,000. SlideBelts Inc.

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Recent Decision on Derivative Standing by a Creditors’ Committee to Challenge a Lender’s Liens

PBWT

The debtor operated 28 franchise restaurants primarily in the Sun Belt region. The debtor encountered financial problems related to the onset of the COVID-19 pandemic, resulting in a chapter 11 filing in April 2021. In re Platinum Corral, LLC , No. 21-00833-5-JNC, 2021 WL 4695327 (Bankr. Bankruptcy Judge Joseph N. ’" Id.

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The Holder Rule and Attorneys’ Fees: The FTC Speaks

Troutman Sanders

Siding with consumers and rejecting the reading put forward by loan holders, the FTC declared that the Holder Rule does not prevent a plaintiff from recovering attorneys’ fees and costs against a “loan holder” where another state, local, or federal law permits the recovery.

Trade 52
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Impact of The GLBA on Collection Agencies

Nexa Collect

The GLB Privacy Rule only applies to nonpublic personal information (NPI), including (Debtor) Name, Address, Income, Social Security number. Transaction information such as account numbers, payment history, loan balances and information from court records or consumer reports. Loan balances. Handling savings. Payment history.

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New York to Shorten Time to Collect Consumer Credit Transactions

FFGN COLLECT NY

” Some examples of consumer credit transactions are: Installment loans for the purchase of home furnishings and more. Personal bank loans. Credit union loan. Home equity loans. Retail installment debt. Credit cards. Lease purchase of personal property including vehicles.

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Debt Collection Now and Post-Covid

Nexa Collect

For example, consider leisure and hospitality workers, whose employment fell by over 20% compared to 2019, or book retailers and news dealers, who recorded a 48.9% These are industries where debtors will be hard-pressed to find money to pay debts for no other reason than that they are unemployed. drop from 2019.