News Topic: Midland Funding v Madden
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Senate Democrats initiate reversal of OCC 'true lender' rule
Democrats have proposed a Congressional Review Act resolution to strike down the OCC rule, arguing it enables "rent-a-bank" schemes. ]] ... Read full article
OCC clarifies who is 'true lender' in bank-nonbank partnerships
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. ... Read full article
States sue FDIC over 'rent-a-bank' partnerships
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. ... Read full article
CRA rule done, OCC set to unveil scoring proposal
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 ... Read full article
States' lawsuit alleges OCC rule enables 'rent-a-bank’ schemes
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. ... Read full article
OCC seeks to clarify oversight of third-party lending relationships
The OCC is proposing steps for determining which party is the "true lender," which affects how the agency oversees such arrangements. ... Read full article
Regulators update Volcker, swaps and rate-cap rules
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 ... Read full article
Waters criticizes OCC chief's comments on stay-at-home orders
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 ... Read full article
OCC finishes rule meant to sidestep 'Madden' ruling
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. ... Read full article
Will the U.S. ever enact a national interest rate cap?
Most states have some kind of pricing limit on consumer loans. But proposals for a national usury law divide even Democrats, some of whom are concerned about restricting credit. ... Read full article
Why House Democrats are at odds over rate cap bill
An intraparty rift went public Wednesday over legislation that would impose a 36% rate limit on all consumer loans. Critics are concerned it would cut off minority borrowers’ access to small-dollar loans and hurt some community banks. ... Read full article
House panel to discuss 'rent-a-bank' concerns in two February hearings
The Financial Services Committee will also hold hearings next month on monetary policy, the CFPB and "astroturfing" worries, among other things. ... Read full article
House banking panel to hold two hearings this month on CRA reform plan
House Financial Services Committee Chairwoman Maxine Waters announced she will hold two hearings in January to examine a proposal to overhaul the Community Reinvestment Act. ... Read full article
Why small businesses need regulators' proposed 'Madden' fix
Bank regulators are considering a bypass to the 2015 court ruling governing loan sales that would ultimately offer more credit options to entrepreneurs. ... Read full article
'What could possibly go wrong?': Comments of the week
Readers react to the FDIC's proposal allowing banks to hire ex-cons, regulators looking into climate-change risk at banks, whether rewards programs drive loyal customers and more. ... Read full article
OCC offers roadmap for banks to bypass ‘Madden’ ruling
The 2015 decision posed new legal challenges for institutions trying to sell loans to third parties, but the federal regulatory agency proposed Monday steps for banks and debt parties to evade state interest rate caps. ... Read full article
House Republicans urge OCC to reverse effects of Madden ruling
All of the GOP members on the House Financial Services Committee called on the regulator to consider "administrative decisions" to offset the impact of the 2015 decision. ... Read full article
Dear Congress: Time to clarify ‘true lenders’
Lawmakers should step in to address the proper status of loans made by banks that have partnered with fintechs, rather than letting the courts decide. ... Read full article
Colorado raises the stakes in lawsuit against marketplace lenders
The state has expanded the scope of ongoing legal actions against Avant and Marlette to include several securitization trusts and trustees. ... Read full article
