Fintech
Massachusetts AG’s True Lender Settlement Forces Fintech Out of State
Massachusetts AG Forces Fintech Out of State as Part of ‘Real Lender’ Deal.
On May 21, the Massachusetts attorney general inserted in an Assurance of Discontinuance (“AOD”) with a California-based fintech claiming to be the “true lender” of its consumer installment loans. Under the terms of the settlement, the fintech is required to pay $625,000 in restitution, request cancellation of trade lines on credit reports for loans reported to credit bureaus, and cease doing business in the state.
The fintech, which partnered with a Utah-based bank, made small-dollar, short-term loans to Massachusetts consumers with interest rates that exceeded the state’s maximum limit. The Massachusetts AG said the fintech made loans with an annual APR that typically exceeded 100%. Under Massachusetts law, loans over $6,000 (commercial or consumer) are generally subject to a 20% interest rate cap with limited exceptions and require state AG approval to charge more than 20%. See Mass. Gen. Read Ann. Postal Code. 271, § 49(a). Additionally, consumer loans under $6,000 are subject to a maximum rate of 12%, which can be increased to 23% once you obtain a small lending company license. See Mass. Gen. Read chapter. 140, § 96.
The fintech argued that the bank made the loans and is not the real lender. The state disagreed and listed a number of factors that indicated fintech was the real financier (see below). While this is not the first time the Massachusetts AG has implicitly rejected the banking partnership model, this appears to be a rare case where the AG actually specifically stated in the settlement agreement his view that fintech is the “true lender”.
Notably, the Massachusetts AG also found all of the loans to be “unfair,” which is a significant development as it presents an alternative theory for enforcement of banking partnership agreements that we have not seen regulators pursue in other cases of real lenders. Importantly, in the Massachusetts AG’s view, claims of unfairness could be made regardless of the interest rate based on the 7 factors set out by the AOD:
- has a 90% stake in the loans,
- assumes most of the risk of loan default,
- protects the bank from the risk of credit default,
- handles marketing and provides customer service for loans,
- provides the loan underwriting model,
- takes responsibility for monitoring risk, including fraud and credit risk for the provision of loans, and
- owns the fintech brand.
Putting it into practice: This action by the Massachusetts AG puts all banking partnerships operating in Massachusetts on notice, especially those charging interest rates in excess of the state usury limits noted above. But while the interest rate on fintech loans made through banking partnerships remains a key component in enforcement actions, there now appear to be other bases on which the Massachusetts AG could seek to shut down banking partnerships that operate a model with similar characteristics. Lenders operating in Massachusetts should take appropriate actions to limit regulatory, legal and reputational risks as a result of this action.
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Fintech
Lloyds and Nationwide invest in Scottish fintech AI Aveni
Lloyds Banking Group and Nationwide have joined an £11m Series A funding round in Scottish artificial intelligence fintech Aveni.
The investment is led by Puma Private Equity with additional participation from Par Equity.
Aveni creates AI products specifically designed to streamline workflows in the financial services industry by analyzing documents and meetings across a range of operational functions, with a focus on financial advisory services and consumer compliance.
The cash injection will help fund the development of a new product, FinLLM, a large-scale language model created specifically for the financial sector in partnership with Lloyds and Nationwide.
Joseph Twigg, CEO of Aveni, explains: “The financial services industry doesn’t need AI models that can quote Shakespeare, it needs AI models that offer transparency, trust and, most importantly, fairness. The way to achieve this is to develop small, highly tuned language models, trained on financial services data, vetted by financial services experts for specific financial services use cases.
“FinLLM’s goal is to set a new standard for the controlled, responsible and ethical adoption of generative AI, outperforming all other generic models in our selected financial services use cases.”
Robin Scher, head of fintech investment at Lloyds Banking Group, says the development programme offers a “massive opportunity” for the financial services industry by streamlining operations and improving customer experience.
“We look forward to supporting Aveni’s growth as we invest in their vision of developing FinLLM together with partners. Our collaboration aims to establish Aveni as a forerunner in AI adoption in the industry, while maintaining a focus on responsible use and customer centricity,” he said.
Fintech
Fairexpay: Risk consultancy White Matter Advisory acquires 90% stake in fintech Fairexpay
Treasury Risk Consulting Firm White Matter Alert On Monday he announced the acquisition of a 90% stake in the fintech startup Fair payment for an undisclosed amount. The acquisition will help White Matter Advisory expand its portfolio in the area of cross-border remittance and fundraising services, a statement said. White Matter Advisory, which operates under the name SaveDesk (White Matter Advisory India Pvt Ltd), is engaged in the treasury risk advisory business. It oversees funds under management (FUM) totaling $8 billion, offering advisory services to a wide range of clients.
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White Matter Advisory, based in Bangalore, helps companies navigate the complexities of treasury and risk management.
Fairexpay, authorised by the Reserve Bank of India (RBI) under Cohort 2 of the Liberalised Remittance Scheme (LRS) Regulatory Sandbox, boasts features such as best-in-class exchange rates, 24-hour processing times and full security compliance.
“With this acquisition, White Matter Advisory will leverage Fairexpay’s advanced technology platform and regulatory approvals to enhance its services to its clients,” the release reads.
The integration of Fairexpay’s capabilities should provide White Matter Advisory with a competitive advantage in the cross-border remittance and fundraising market, he added.
The release also states that by integrating Fairexpay’s advanced technology, White Matter Advisory aims to offer seamless and convenient cross-border payment solutions, providing customers with secure options for international money transfers.
Fintech
Rakuten Delays FinTech Business Reorganization to 2025
Rakuten (Japan:4755) has released an update.
Rakuten Group, Inc. and Rakuten Bank, Ltd. announced a delay in the reorganization of Rakuten’s FinTech Business, moving the target date from October 2024 to January 2025. The delay is to allow for a more comprehensive review, taking into account regulatory, shareholder interests and the group’s optimal structure for growth. There are no anticipated changes to Rakuten Bank’s reorganization objectives, structure or listing status outside of the revised timeline.
For more insights on JP:4755 stock, check out TipRanks Stock Analysis Page.
Fintech
White Matter Advisory Acquires 90% Stake in Fintech Startup Fairexpay
You are reading Entrepreneur India, an international franchise of Entrepreneur Media.
White Matter Advisory, which operates under the name SaveDesk in India, has announced that it is acquiring a 90% stake in fintech startup Fairexpay for an undisclosed amount.
This strategic move aims to strengthen White Matter Advisory’s portfolio in cross-border remittance and fundraising services.
By integrating Fairexpay’s advanced technology, White Matter Advisory aims to offer seamless and convenient cross-border payment solutions, providing customers with secure options for international money transfers.
White Matter Advisory, known for its treasury risk advisory services, manages funds under management (FUM) totaling USD 8 billion.
Founded by Bhaskar Saravana, Saurabh Jain, Kranthi Reddy and Piuesh Daga, White Matter Advisory helps companies effectively manage the complexities of treasury and risk management.
The SaveDesk platform offering includes a SaaS-based FX market data platform with real-time feeds for over 100 currencies, bank cost optimization services, customized treasury risk management solutions, and compliance guidance for the Foreign Exchange Management Act (FEMA) and other trade regulations.
Fairexpay is a global aggregation platform offering competitive currency exchange rates from numerous exchange partners worldwide. Catering to both private and corporate customers, Fairexpay provides seamless money transfer solutions for education, travel and immigration, as well as simplifying cross-border payments via API and white-label solutions for businesses. Key features include competitive currency exchange rates, 24-hour processing times, extensive currency coverage of over 30 currencies in more than 200 countries, and secure, RBI-compliant transactions.
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