Opposition to the OCC's fintech charter continues with a new lawsuit filed by the Conference of State Bank Supervisors which says the OCC does not have the legal authority to issue the fintech charter that it has proposed; the lawsuit says the OCC will need "specific congressional approval" for the charter and that nondepository companies are not considered to be engaged in the business of banking; preemption of state consumer protection laws has evoked strong opposition to the OCC's fintech charter and the lawsuit by the Conference of State Bank Supervisors is the first court action taken by an opposing party; the OCC's financial inclusion provisions, lack of clarity on state mandated requirements such as interest rate caps, default rate limitations and underwriting standards, and lack of detail on business factors including capital requirements and other balance sheet measures have caused decreasing support for the charter overall. Source
FinTex Chicago is launching Currency on June 1; Currency is a new initiative from the nonprofit group that will provide a new resource for startups; Currency will be located at WeWork on 20 W. Kinzie Street and will potentially rent some of its 32-desk space; Currency is expected to be a gathering place for fintech startups, academics, regulators and established firms in Chicago, according to Jason Henrichs, co-founder of FinTex Chicago; Currency and its partners also plan to share online resources and offer programming on the fintech regulatory environment. Source
SoFi has announced a new fund following a theme discussed at LendIt USA 2017; SoFi's new fund, the SoFi Prime Income Fund, will target family offices; it has raised $105 million from 33 investors each contributing a minimum of $500,000 and will include SoFi's unsecured student and personal loans; it adds to a Credit Opportunities Fund introduced last year; at LendIt USA 2017 panelists discussed new fund creation by platforms; the industry has begun to favor platform fund development over retail fund development; the complexity of marketplace loans and specifically their liquidity risks have kept them from widespread expansion in the retail fund management industry; challenges such as managing international currencies and using alternative leverage strategies are just a few of the retail fund risks for investment managers. Source
American Banker reports on the increasing number of financial services companies and groups using the federal court system to oppose regulatory enforcement orders and new initiatives; the Conference of State Bank Supervisors is the most recent case as the group seeks to debate the OCC's fintech charter; the CFPB has also been a notable defendant with opposition from Ocwen Financial and PHH Corp.; other cases have included MetLife and the American Bankers Association; according to H. Rodgin Cohen, chairman of Sullivan & Cromwell, "There's an increased willingness to litigate," and it seems the trend is likely to continue with industry changes resulting in new challenges and consequences. Source
The Conference of State Bank Supervisors (CSBS) is suing the OCC to challenge its plans for a fintech charter; central to the case is the OCC's authority to grant special purpose bank charters; CSBS President and CEO John Ryan says, "The OCC's proposed action ignores Congress, seeks to preempt state consumer protection laws, harms markets and innovation, and puts taxpayers at risk of inevitable fintech failures." Source
Patrick McHenry is working with a Senate Democrat on a bill for fintech beta testing; he introduced the Financial Innovation Act in the House of Representatives in 2016 which did not advance; the Financial Innovation Act included the creation of innovation offices with 12 regulatory agencies; he says the 2017 version of the act will include "significant changes and revisions"; he plans to introduce the new bill in two months. Source
The New York Business Journal reports on CB Insights' venture capital data by state noting that fintech investment in New York companies decreased by 35% from the previous quarter to $253 million while deals increased to 24 from 19; three New York City companies, Namely, Trumid and Payfone, were among the top 10 US fintech deals; Namely was second in top fundraisings with $50 million. Source
In its discussion of how banks can become digital lenders, The Financial Brand provides the above chart; while mobile lending apps are only one aspect of a comprehensive digital lending platform, they are a core feature that customers rely on; the chart outlines the key features customers seek from mobile lending apps with the top features including the capability to lock in interest rates, calculate loan amounts and check an application status. Source
Elevate Credit reported its second quarter earnings results on Monday, July 31; revenue for the quarter was $150.5 million, increasing 18.7% from the comparable quarter; earnings per share were $0.08, increasing from a loss of -$0.59 in the second quarter of 2016; business highlights noted in the earnings release included over $200 million in total principal outstanding with more than 120,000 open accounts, the launch of Elevate Labs and the introduction of the RISE line of credit product in Kansas. Source
APIs combined with banking has become an important topic for banks and fintech companies; we are seeing increasing interest in APIs as every bank has to have an API or open banking strategy; since APIs often need to be built on legacy infrastructure there are often many challenges involved; the panel has a wide variety of perspectives from API service providers to banks who share how to build APIs on traditional banking technology. Source