Midland Funding v Madden

Senate Democrats initiate reversal of OCC 'true lender' rule

03/25/21

Democrats have proposed a Congressional Review Act resolution to strike down the OCC rule, arguing it enables "rent-a-bank" schemes.

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OCC clarifies who is 'true lender' in bank-nonbank partnerships

10/27/20

The agency finalized a rule to determine which party in a loan sale is subject to regulatory requirements. Advocates charged that the move will help predatory lenders.

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States sue FDIC over 'rent-a-bank' partnerships

08/20/20

A group of eight Attorneys General filed suit against an FDIC final rule related to ‘rent-a-bank’ partnerships, mirroring a similar suit filed against the Office of the Comptroller of the Currency last month.

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CRA rule done, OCC set to unveil scoring proposal

07/30/20

Acting Comptroller of the Currency Brian Brooks said the agency plans to issue new assessment procedures within weeks as a follow-up to recent Community Reinvestment Act reforms. He also touched on the “true lender” issue and why the agency is considering a narrow-purpose payments charter.

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States' lawsuit alleges OCC rule enables 'rent-a-bank’ schemes

07/29/20

The complaint filed by New York, California and Illinois argues that the regulation, issued in response to the 2015 Madden decision, undermines state laws intended to protect consumers.

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OCC seeks to clarify oversight of third-party lending relationships

07/20/20

The OCC is proposing steps for determining which party is the "true lender," which affects how the agency oversees such arrangements.

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Regulators update Volcker, swaps and rate-cap rules

06/25/20

Five financial regulatory agencies clarified the meaning of "covered funds" under the Volcker Rule. Meanwhile, the FDIC gave certain banks more flexibility in interaffiliate exchanges of swaps and adopted a workaround of a court decision governing interest rates on loans sold across state lines.

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Waters criticizes OCC chief's comments on stay-at-home orders

06/05/20

Acting Comptroller of the Currency Brian Brooks had suggested states and municipalities should end "indefinite shutdowns" meant to combat the spread of the coronavirus. The Democratic lawmaker said he was going against the public health recommendations.

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OCC finishes rule meant to sidestep 'Madden' ruling

05/29/20

The new regulation is intended as a workaround for banks affected by the 2015 decision that created legal uncertainty for loans sold across state lines.

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