Articles by deBanked Staff
US Senators Introduce National Interest Rate Cap Bill
September 12, 2023
Four Democratic US Senators want to establish a national usury rate for credit transactions. S. 2730, dubbed the “Protecting Consumers from Unreasonable Credit Rates Act of 2023” says that “attempts have been made to prohibit usurious interest rates since colonial times” but that high interest rates have prevailed because of loopholes, safe harbor laws, and the “exportation of unregulated interest rates permitted by preemption.”
The solution to all this, it says, is a nationwide 36 percent rate cap that no one can ever circumvent and for which no exemptions would be allowed. The bill repeatedly references “consumers” and makes no mention of commercial or business credit. The bill would technically amend the Truth in Lending Act, however, so TILA covered parties are the likely covered parties for this bill as well.
The sponsors are Sen. Durbin, Sen. Blumenthal, Sen. Merkley, and Sen. Whitehouse.
This bill is new. Whether it progresses remains to be seen.
California On Verge of Passing Another Commercial Financing Bill
September 12, 2023
Complying with the recent California commercial financing disclosure law? Great! Get ready for another one. Senate Bill 666 (unfortunate number choice) has been making its way through the state legislature since February and is approaching a final vote.
The bill would prohibit covered entities from charging:
(a) A fee for accepting or processing a payment required by the terms of the commercial financing contract as an automated clearinghouse transfer debit, except for a fee imposed for a payment by an automated clearinghouse transfer that fails because of insufficient funds in the transferor’s account.
(b) A fee for providing a small business with documentation prepared by the covered entity that contains a statement of the amount due to satisfy the remaining amount owed, including, but not limited to, interest accrued to the date the statement is prepared and a means of calculating per diem interest accruing thereafter.
(c) A fee in addition to an origination fee that does not have a clear corresponding service provided for the fee, including, but not limited to, a risk assessment, due diligence, or platform fee.
(d) A fee for monitoring the small business’s collateral, unless the underlying commercial financing transaction is delinquent for more than 60 days.
(e) A fee for filing or terminating a lien filed in accordance with the provisions of the Uniform Commercial Code against the business’s assets that exceeds 150 percent of the cost of the filing or termination.
Overall, the bill is not that extreme. The bill can be viewed and tracked here.
Funding Circle US Originated $259M in 1st Half of 2023
September 7, 2023
Funding Circle’s US arm originated $259M worth of business loans in the first half of 2023, up from $214M in the previous half. Those loans are funded “through forward flow agreements with institutional investors.”
The company’s recently filed financial statements say that US loans are “showing good growth.” And it’s with top tier borrowers to boot. It referred to 32% of its first half loans as being “super prime.”
AEBITDA was negative but that’s due to its planned investment to scale the business, the company said.
Yields on their US Loans averaged 5.8%, up from 4.4% over the same period last year.
The company’s newer product “Flexipay” was highly touted in its first half financials. Flexipay works like a line of credit. Once approved for a line, you provide invoice details to Funding Circle and they’ll make a secure payment in your name.
“We’ve seen good growth in US Loans and FlexiPay is showing great momentum as we expand our offering to access a larger market and serve more of our customers’ needs,” said company CEO Lisa Jacobs.
Connecticut’s New Law Took Aim at Prejudgment Remedies
September 1, 2023Although Connecticut Governor Ned Lamont signed SB1032 into law this summer, covered parties have until July 1, 2024 to start complying. On its face it was a disclosure bill, but as previously mentioned there was a twist, it amends chapter 903a of the general statutes, the code governing prejudgment remedies.
Specifically it says:
No commercial financing contract entered into on or after July 1, 2024, shall contain any provision waiving a recipient’s right to notice, judicial hearing or prior court order under chapter 903a of the general statutes in connection with the provider obtaining any prejudgment remedy, including, but not limited to, attachment, execution, garnishment or replevin, upon commencing any litigation against the recipient. Any such provision in a commercial financing contract entered into on or after July 1, 2024, shall be unenforceable.
Similar to Virginia, brokers will be required to register in order to broker deals to any Connecticut merchant.
Prosper Originates $595.6M in Q2
August 28, 2023
Prosper Marketplace’s Q2 loan originations of $595.6M was down 33% from the same period last year and down more than 5% from Q1 2023. The company attributed the decline to “reduced investor demand given the current uncertain economic environment.”
Investor demand is a major driver for Prosper which sells whole loans to institutional investors and notes to retail investors. The 33% YoY decrease is even more significant considering that it actually represents a 50% drop in the raw number of loans made.
Prosper generated a $52.7M net loss in Q2 on just $31.5M in net revenue.$32M worth of expenses, however, were attributed to “Change in Fair Value of Convertible Preferred Stock Warrants.”
“There was also a $8.1 million decrease in Total Net Revenues from Change in Fair Value of Financial Instruments, Net, due primarily to higher delinquencies and charge-offs for loans held in consolidated warehouse trusts and the Credit Card portfolio underlying the Credit Card Derivative, both of which have increased in size from the prior year,” the company wrote. “Additionally, higher interest rates have led to negative fair value adjustments on Loans Held for Sale.”
Should Lightspeed Ramp Up its Merchant Cash Advance Business?
August 18, 2023
Analysts are wondering if Lightspeed should be doing even more merchant cash advances than the company’s currently doing. The company generated just $8.1M in revenue from them over the last fiscal year, a number that amounted to just 1% of total revenue.
“Under normal circumstances, we would likely be pushing [Lightspeed] Capital even harder,” said Lightspeed CFO Asha Bakshani during the Q1 2024 FY earnings call this month, “however, given the current macro environment, we’re being conservative on the ramp. There’s no lack of demand from our customers, and we believe our high GTV customer base is an ideal demographic to use this financial service, especially in the long term. Risk of business failure is much lower with high GTV customers, but the need for capital is still substantial.”
When Lightspeed touted that it had increased its total merchant cash advance receivable balance by $11M for the quarter, an analyst from Bank of America Merrill Lynch wondered if they were being too conservative. “You mentioned that you would be pushing harder, but given the macro, you’re being conservative on the ramp,” the analyst said, “But then, you also mentioned that there is demand for it, so if there is demand, why not push a little bit harder for capital?”
“Yeah, you’re absolutely right,” Bakshani replied. “Capital is a very promising business for us, but what we have to keep in mind is that it still represents today a low single-digit millions in terms of revenue. And so when our sales teams are fully focused on unified payments, there was some distraction in the quarter on capital. And in addition, we want to make sure that in today’s macro that we’re not rushing anything. We want to make sure that we ensure that we stick with the very high rated credit-rated customers for eligibility. But you’re absolutely right, there’s tons of demand. We’re just taking our time intentionally given the macro. Our default rates still remain extremely low, but we definitely should see that pick back up in the back half of the year when unified payments is behind us.”
Lightspeed’s merchant cash advance program was repeatedly raised during the call in very positive terms.
“Once you’re on Lightspeed payments, we underwrite you for capital so you can have access to capital,” said Jean Paul Chauvet, CEO of Lightspeed. “That is a big win for them and our customers.”
Small Business Funding Companies Showcase Phenomenal Growth
August 15, 2023The annual Inc 5000 list is out again and with it some big reveals about who in the industry is taking off like a rocket. We’ve pulled out some of the relevant names for you below!
#30 – B2 Capital Solution Provider – Miami, FL – 10,446% growth over 3 years
#38 – Novo – Miami, FL – 9,906%
#76 – Byzfunder – New York, NY – 6,228%
#89 – Valiant Capital – Houston, TX – 5,223%
#157 – Ampla – New York, NY – 3,404%
#180 – LeasePoint Funding Group – Austin, TX – 2920%
#192 – Backd – Austin, TX – 2,819%
#269 – Percent – New York, NY – 2,087%
#1383 – eCapital – Aventura, FL – 422%
#1617 – North Mill Equipment Finance – Norwalk, CT- 354%
#1622 – Oakmont Capital Services – Westchester, PA – 346%
#1837 – Nav Technologies – Draper, UT – 305%
#1942 – Crestmont Capital – Irvine, CA – 289%
#2026 – 7 Figures Funding – American Fork, UT – 277%
#2593 – SBG Funding – New York, NY – 210%
#2929 – 1West – New York, NY – 179%
#2947 – ApplePie Capital – San Francisco, CA – 178%
#3145 – Channel – Minnetonka, MN – 164%
#3737 – Direct Funding Now, Irvine, CA – 128%
#4085 – Smarter Equipment Finance – Las Vegas, NV – 111%
#4094 – iAdvance Now. – Uniondale, NY – 111%
#4651 – Expansion Capital Group – Sioux Falls, SD – 87%
If we missed you, let us know, email info@debanked.com.
Loan Applicants Might Just Give Up After Unattractive Offer
August 13, 2023
A lender offering unattractive loan terms may not be driving those prospects into the arms of a competitor. Instead, they might actually be discouraging them from searching any further.
This phenomenon was raised in Upstart’s most recently quarterly earnings call when analysts began asking about APRs and acceptance rates. Upstart’s max APR is 36% and they’ve found that the higher the rate goes, the less likely the applicant will accept it.
“I mean it’s very simple,” said Upstart CFO Sanjay Datta. “It’s a pretty classic sort of supply and demand construct, where we raise our rates and not only do our approval rates go down because of the 36% APR cut off but for those who remain approved they’ll be less likely to take a loan.”
That is when Datta expanded further on what becomes of applicants who choose not to move forward.
“And typically, at least what we’ve observed in our data is that people who don’t take loans with us don’t necessarily take them from a competing source,” Datta said. “The majority of them just don’t take the loan. So it causes people’s demand to reduce.”
The Q&A did not invite further opportunity for additional insight on why that might be. Upstart’s experience as a consumer lender also may not translate into small business lending either. For example, in April 2022, a fintech lending study found that 40% of business loan seekers compared more than six options.
