Sean Murray is the President and Chief Editor of deBanked and the founder of the Broker Fair Conference. Connect with me on LinkedIn or follow me on twitter. You can view all future deBanked events here.
Articles by Sean Murray
Marketplace Lending Association Formed to Defend Investor Marketplaces
April 6, 2016
Funding Circle, Lending Club and Prosper have joined forces to create a collaborative non-profit body, i.e. a trade association. Its mission is “to promote a more transparent, efficient, and customer-friendly financial system by supporting the responsible growth of marketplace lending, fostering innovation in financial technology, and encouraging sound public policy.”
Among the already available resources on the association’s website is a white paper dictating “operating standards.”
The standards are broken down into five broad categories:
- Investor Transparency and Fairness
- Responsible Lending
- Safety and Soundness
- Governance and Controls
- Risk Management
The group’s initial members are notable because Prosper only does consumer loans and Funding Circle only does business loans. Lending Club bridges the gap by doing a combination of both. That means that the group’s prospective membership will be fantastically broad. After all, what does a commercial lender providing capital to a $10 million/year business have in common with a personal lender helping a single mother refinance a credit card? The answer is their investor base.
All 3 companies allow investors to invest in loans on their respective marketplaces and lo and behold “investor transparency and fairness” is the first, foremost and most detailed category of their white paper.
Indeed, one requirement to join the association is to be matching 75% of loans, by dollar, with commitments for funding from investors before the loans are issued.
The Marketplace Lending Association therefore probably seeks above all else, permanent acceptance of the ability for investors to buy loans or securities backed by loans in online marketplaces.
And it’s no wonder, just last week SEC Chairman Mary Jo White questioned these marketplaces during a keynote speech at Stanford University. “We expect that investors will receive disclosures about the loans underlying their investments, including information about the borrowers as well as the platform’s proprietary risk and lending models, that will enable them to make informed investment decisions – both at the time of investment and on an ongoing basis,” she said.
The SEC is not alone in their interest, hence the need for and now the emergence of, a Marketplace Lending Association.
Business Loan Brokers Encounter Hard Times
April 6, 2016
Feeling a little bearish about the business lending industry lately? If you’re a business loan broker, you’re not alone.
Marketing costs are going up while the response rates of marketing are generally going down. It’s a trend that’s lightly covered in the March/April issue of our magazine that has just been dropped in the mail. But there’s more to it. Several recent new broker shops have failed or are failing within just their first few months of operation. Employers have become more litigious with former employees, alleging violations of non-competes and/or non-solicit agreements, and at least one sales agent apparently went too far and was arrested in early February for backdooring deals.
The number of emails deBanked has received about stolen commissions, rogue employees and general grievances has shot up in recent months, and on one industry forum, sales agents are now publicly voicing their frustrations. One thread that was aptly titled, Merchant cash advance crushed me, was posted by a discouraged broker. “I’ve been in this business for a year and I can say this is the hardest thing I’ve ever done from a business perspective,” he said. One user responded by saying, “fail rate is very high. Competition is crazy. If you can’t spend money on marketing, including a sizable outbound sales force, you are a dead duck.”
“The market has changed,” said Fundzio CEO Eddie Siegel to deBanked in the previous issue. “The cost of capital has gotten a lot lower for the customer, and since there are more brokers in the marketplace they are willing to take a lesser amount just to get the deal to the finish line.”
“A lot of brokers are carpet bombing, they’re on the phone all day,” said Blindbid President Michael O’Hare. “I talked to one guy who said he makes 400 or 500 calls a day on a manual dial.”
In an environment of more calls, lower response rates and lower commissions, it’s no surprise that outrage over backdoored deals has overshadowed stacking as the industry’s most pressing issue.
Even funders have stepped up their legal pursuit of other funders through allegations of tortious interference. Whether such cases have merit is for the courts to decide, but they are a sign of the times that money is no longer raining from the sky. Lines are being drawn. In a market where everyone was once a winner, now there must be losers.
Even the political atmosphere is changing. In just the last few months, the Small Business Finance Association has hired an executive director and two additional new advocacy groups were formed, the Commercial Finance Coalition and the Coalition for Responsible Business Finance.
“A few years ago, individual brokers could be making $20,000 or even $40,000 a month. Now those numbers are much more difficult to reach unless brokers have a unique lead generation method or their own money to participate in the deals,” said Zachary Ramirez, a vice president at World Business Lenders.
Of course, it’s not bad for everyone. In February, deBanked featured a sales closer whose team collectively originated $47 million in deals last year. He’s not alone. Veteran players, particularly those that have been in the industry for nearly a decade acknowledge that they have first mover advantage over the newer entrants because their portfolios are so big or they have weathered the bumps and don’t get as frustrated by them.
Funders that know the pains brokers are going through are attempting to address it in their marketing, with some assuring their prospective partners that they have no inside sales force, and thus no way to steal a deal. For those with inside sales forces, they are relying on their well established reputations to do the talking.
Anonymous deal soliciting has been mostly outlawed on industry forums to curtail bad experiences, but they still happen on other mediums. One broker complained on LinkedIn this week that a lead generator based in the Philippines had allegedly pocketed his $2,500 upfront fee and then changed their phone number and disappeared. That lead generator is still advertising his wares through social media.
If that’s not a sign of the times, then I don’t know what is.
Senator Elizabeth Warren Rips Former Protégé in CFPB Debate
April 6, 2016
Massachusetts Senator Elizabeth Warren was forced to confront an unexpected witness yesterday in a Senate hearing over consumer finance regulations, former protégé Leonard Chanin. Chanin, who was there to testify about why he believed the Consumer Financial Protection Bureau (CFPB) was acting outside its intended scope, was accused by Warren of being the person responsible for not catching the entire 2008 financial crisis.
“Of all the people who might be called on to advise Congress about how to weigh the costs and benefits of consumer regulations, I am surprised that my Republican colleagues would choose a witness who might have one of the worst track records in history on this issue,” Warren said.
Of note however, is that after the financial crisis, she herself hired Chanin to be the CFPB’s rule-writer after he came highly recommended for his service as the deputy director of the Federal Reserve’s Division of Consumer and Community Affairs. “I’m also pleased to have Leonard Chanin playing a key role in building an effective and efficient rule writing team,” she said back in December 2010.
Chanin spent nearly 20 years at the Fed and received a Federal Reserve Board Special Achievement Award for his work on the Truth in Savings Act.
“So my question is, given your track record at the Fed, why should anyone take you seriously now?” she asked Chanin, even while acknowledging that she had hired him previously based upon that same track record.
Chanin is now an attorney at Morrison & Foerster LLP.
The CFPB is often attributed as being Warren’s brainchild and she is believed to be a contender for Vice President on the Democratic ticket.
Watch the exchange between Warren and Chanin below:
The APR Enigma Confuses Everyone – Even Lenders
April 3, 2016
A study published by Lendio last week confirmed the results found in recent government studies, that small businesses are confused by Annual Percentage Rates. But they’re not alone…
It might be time to reconsider the calls for APR standards in small business lending. In a recent survey of 1,000 small business owners, only 17.4% of respondents chose APR as the easiest method to understand the cost. The vast majority selected the total net dollar cost of the loan as being the easiest.
The data matches the results found in a study conducted by the Federal Reserve Bank of Cleveland last year, in which small business owners generally responded that there was nothing confusing about a loan when cost was presented as a total dollar value. It was interest rates that tripped them up, the Fed determined.
When attempting to answer questions about the total amount owed and interest rates, participants became notably less confident in their ability to make an informed borrowing decision, with many qualifying their answers or indicating they were “not sure.”
– Federal Reserve Conclusion from Alternative Lending through the Eyes of “Mom-and-Pop” Small-Business Owners 8/25/15
Additionally in the Fed study, small business owners guessed the interest rate of a presented hypothetical loan to be anywhere from 5% to 50%, with some saying they just didn’t know. All of them were wrong. An analyst for the Federal Reserve Bank later acknowledged that it was a trick question. “The correct answer is that ‘it depends on how long it takes to pay back,'” said Ellyn Terry, an economic policy analysis specialist. The Fed report itself had to be amended more than a month later because this question and the answers produced in the study were confusing to even the sophisticated parties trying to make sense of it. That amendment reads as follows:
*Note: In practice, for a credit product structured like Product A, the effective interest rate varies depending on how long it takes a borrower to repay which, in turn, depends on the volume and timing of credit card sales receipts. Simply put, the interest owed on Product A is 30% of the principal value, but assuming consistent monthly sales and daily payments, the effective interest rate is on the order of 60%, and higher if funds are repaid sooner than one year. (Added 9.29.2015)
Does that clear it up for you??? Even the added note intended to make the interest rate question more clear is confusing. Small business owners never stood a chance…
But it seems those on the lending side of things are confused too.
Lendio CEO Brock Blake followed up his study with a blog post on LendAcademy to try and articulate the implications of the findings. Titled, Communicating the Cost of Capital in Alternative Lending, Blake was roasted in the comments for comparing a 6-month loan to a 5-year loan by those presumably involved in lending themselves.
Apparently, math is very subjective
In an example Blake used to illustrate a point, he gave a 6-month loan an Effective APR of 83% and a 5-year loan an Effective APR of 19%. Critics eager to point out holes in his argument challenged the fundamental numbers used to construct it.
“By the way, I tried to verify the APR of that #1 loan, and I get 137.03%, not 83%. Has anyone else tried to verify this calculation?”
“I ran the numbers on #1 but came up with a different number altogether. I think the error is in total cost of capital, which should be $4,500 vs. $4,016. With 22% simple interest, interest paid would be $3,960 plus the $540 origination fee.”
One set of facts, 4 different opinions on APR. How can this be?
In sparking this debate, Blake may not have fully convinced readers that a 6-month high-APR loan can be better than a 5-year low-APR loan, but he did unintentionally demonstrate support for his study’s findings, that APR as a universal measurement is flawed since even those that believe they understand it came up with different percentages than their peers.
Consider that the Federal Reserve study referenced above implied to business owners that APR is simply an abbreviation for interest rate, which isn’t true. “When it comes to borrowing for the short term, are you more comfortable knowing the interest rate (APR) or total cost of repayment?” it asked those polled.
Bad form
The Truth in Lending Act (TILA) makes a clear distinction between an APR and an interest rate. “Since an APR measures the total cost of credit, including costs such as transaction charges or premiums for credit guarantee insurance, it is not an ‘interest’ rate, as that term is generally used.” Well then why are they presented as the same thing in a Fed study measuring comprehension of loan costs?
Note also that only one of the Fed study’s mock products mentioned an APR and only in the context of an Effective APR, something that the Fed has long known to be confusing. In April 2006, Macro International (now ICF International) was hired by the Fed to examine the comprehensibility of these very formulas.
One of the most consistent findings was that very few participants understood the meaning of an Effective APR (At that time known as the Fee-Inclusive APR). “Participants had a wide variety of incorrect interpretation of these percentages, including that they were the interest rates that would be paid on fees, penalty rates that would be charged if late payments were made, or the percentages of total transactions that were made of each type.”
It got worse though, because “in addition to a general lack of understanding of the [Effective APR], qualitative testing also found several instances when participants confused this term with their nominal APR for a given transaction.”
But it’s gotten better right?
For all of the studies conducted and regulations implemented, one might expect that banks, which bear the brunt of disclosure requirements in the financial world, would receive the highest marks on transparency. But that’s not the case. Another study, one jointly published by seven Federal Reserve banks, found that dissatisfied business borrowers were slightly more likely to encounter transparency issues with large banks than they were with online lenders.
Bankers probably aren’t surprised by that
Last Fall, B. Doyle Mitchell Jr, who spoke on behalf of the Independent Community Bankers of America during a House subcommittee hearing, said that new loan disclosures [required by Dodd-Frank] was not making it easier for borrowers to understand, to the point that they don’t even know what they are signing anymore. “In fact it is even more cumbersome for them now,” he said.
Non-bank lending critic Ami Kassar has publicly claimed that lenders are simply afraid of disclosing APRs because they don’t want their borrowers to know the real cost.
The data indicates however that borrowers don’t know what to make of APRs. Worse, the issue seems to be a universal one, one that confounds consumers, business owners, government surveyors and those within the lending industry itself.
APRs also struggle to remain relevant as a measure for short term loans. For example, OnDeck CEO Noah Breslow has said that a six month loan with a 60% APR may actually only cost 15 cents on the dollar. “The APR overstates the actual cost of the loan to the borrower,” he previously told Forbes.
“Asked which method was easiest to understand, two-thirds of respondents chose total payback amount,” Lendio’s survey concluded.
That seems to be the trend indeed.
Marketplace Lenders Played Everyone for April Fools
April 2, 2016Friday, April 1st, transported the marketplace lending industry into another dimension, one that made us all April Fools. Here’s some of the believable and not so believable jokes that you might have missed:
A federal judge granted a temporary injunction to halt the entire marketplace lending industry
A late-night meeting on Capitol Hill between representatives of three big banks and several members of Congress quickly spiraled out of control, resulting in an emergency hearing that temporarily shuttered the marketplace lending industry.
Donald Trump funded his presidential campaign with a loan from Prosper
Trump didn’t need the money but he borrowed $35,000 anyway because the deal was too good to pass up.
Donald Trump addressed the Money20/20 Conference community
Make payments great again, said Trump.
Survey revealed that kids aged 1 to 4 are concerned about pre-school debt
Without formal credit history, CommonBond is underwriting pre-schoolers for loans based on their favorite character on Sesame Street. “My CommonBond consultant prepared me to make the transition to pre-school,” says Sawyer Thurston Howell III, a 2-year-old and CommonBond member since March 2016.
Loans now funded via drone delivery
As an alternative to ACH, Dealstruck has begun to transfer piles of money to approved borrowers via drones. “After my deal was funded, I logged on, popped in my address and a bag of cash arrived at my business in half an hour! I didn’t even have to go to the bank,” said one customer.
A free puppy with every loan
Borrowell is proud to announce that our loans will now come with a little something extra!https://t.co/CwEczxsxVo pic.twitter.com/nHArqBP1xr
— Borrowell (@Borrowell) April 1, 2016
Much to the disappointment of applicants, this was indeed an April Fools’ joke.
Of course with all the jokes being made out there on Friday, some people thought that OnDeck’s announcement that President Obama had joined their board of directors was also an April Fools’ joke. OnDeck actually made that announcement two days prior, but unfortunately for OnDeck, it didn’t pick up steam in the press until Friday, which by that point gave it the appearance of a prank.
Due to a federal law that prohibits certain presidential conflicts of interest, Obama’s board seat will not have voting power until after his term ends in January 2017. In an interview with the Wall Street Journal on Thursday, OnDeck CEO Noah Breslow denied rumors that Obama was actually being vetted to replace him as CEO. “We will absolutely value his expertise and experience, but it’s unrealistic to think that a former president will have the time to run a publicly traded company.”
Just kidding. April Fools!

Breaking News: Judge Grants Temporary Injunction to Halt Entire Marketplace Lending Industry
April 1, 2016April Fools 2016
A late night session on Capitol Hill has led to a catastrophic outcome for the marketplace lending industry.
At approximately 11:30 PM Thursday night, lobbyists working on behalf of Bank of America, Wells Fargo and TD Bank scheduled an emergency meeting with six members of Congress to discuss, among other issues, the impact of marketplace lending on their bottom lines. “Q1 earnings won’t officially be released for a while,” said Oregon Congressman Edward Duchovny, who was present, “but loan volumes were down across all three banks by a substantial percentage.”
The drops were so alarming, that each bank had initially concluded that their financial reports had been hacked. “They thought there was a security breach,” said a congressional staff member with knowledge of the meeting who was not authorized to speak on the record. “One bank’s consumer lending unit experienced a drop in originations by 50% year over year.”
Shortly after midnight, a team of bleary-eyed auditors and staff members from the Treasury Department concluded that the numbers were correct and that something nefarious was to blame. “We knew that something like this might happen,” said US Treasury forecast analyst Andrea Mitchells. “When we conducted the RFI last year, we met with some of the banks and flat out told them that marketplace lending was irreversibly changing how people borrow money.”
The revenue loss to banks from marketplace lenders in just the first quarter of this year may total as high as $947 Billion, Mitchells said, which warranted the attention of Federal Reserve Chairman Janet Yellen. Though it was the dead of night, Yellen arrived within the hour, along with a team of economists and attorneys.
“The atmosphere changed really quick,” said the anonymous congressional staff member. “One minute we were eating pizza and Chinese food while parsing these boring financial reports and the next minute Chairman Yellen is warning us all about the systemic threat this poses to the very notion of bank lending altogether.”
Yellen, two attorneys, and three of the six Congressmen present, including Edward Duchovny, arranged for an emergency hearing with a federal judge on the grounds that banks stood to suffer irreparable harm unless drastic temporary action was undertaken.
Within minutes, an attorney argued with a straight face that Bank of America might not even survive to see the market’s close on Friday, in part because almost all of its business had been “hijacked” by marketplace lenders. Judge Thomas McAdams III was clearly rattled by what he heard. “I have no idea what the hell marketplace lending even is,” McAdams pontificated from the bench. “It sounds like you’re just describing every single type of lending that exists and then just adding the word marketplace to it,” he shouted, while waving his gavel around.
Ads run by SoFi, a marketplace lender known mainly for student loans, had apparently inflicted devastating damage with their “Don’t Bank” campaign.
“People saw those advertisements and then actually decided not to bank,” said Jane Martin, SVP of TD Bank. “We thought we had a great case for a temporary restraining order.”
McAdams, who held everyone present in contempt of court, nonetheless granted a temporary injunction on all of marketplace lending.
“I think the judge did the right thing,” said Mitchells of the US Treasury.
Duchovny’s feelings however, were mixed. “I thought we were trying to stop people from lending money at supermarkets,” he said. “I asked Yellen if this would affect my loan with Lending Club and she just gave me the dirtiest look.”
Investors across the world from the US to China are bracing themselves for what is expected to be a tumultuous Friday for stocks.
APRIL FOOLS 🙂
SEC Chair to Marketplace Lenders, Disclose Material Information to Investors
April 1, 2016
Stanford UniversityFor marketplace lenders, less is not more when it comes to disclosure.
At an event held at Stanford University yesterday titled, The Silicon Valley Initiative: Protecting Investments in Pre-IPO Issuers, SEC Chairman Mary Jo White gave a keynote speech that mentioned marketplace lending. “As investors are attracted by potentially higher yielding but riskier marketplace loans as an investment strategy, information about the borrower’s ability to repay the loan underlying the investment is critical,” she said.
The message? The SEC is indeed watching.
“We are also concerned about the adequacy of the information received by investors in registered offerings,” she added. “We expect that investors will receive disclosures about the loans underlying their investments, including information about the borrowers as well as the platform’s proprietary risk and lending models, that will enable them to make informed investment decisions – both at the time of investment and on an ongoing basis.”
Her warning comes at a time when the industry has considered reducing disclosures instead of increasing them. Last year, Lending Club announced that investors on their platform would only have access to 56 data points, down from 100, a decrease of almost half. At that time, investors and industry advocates balked at the news.
Lend Academy’s Peter Renton shared what he thought on his blog, “It is pretty obvious by now that I don’t like these changes. For quite some time now Lending Club has been reducing the amount of transparency for investors. Now, some changes I completely understood such as removing the Q&A with borrowers and even the removal of loan descriptions. But removing data that investors have been using to make investment decisions is a step too far in my opinion.”
Some speculated that Lending Club was being forced to do this as a way to prevent investors from trying to reverse engineer their models and beat their grading system for above average yields. For reasons unknown, but potentially due to negative feedback from investors over disclosure, Lending Club changed course and instead added 15 new fields.
To be fair, many marketplaces find that investors simply don’t make use of certain data points and thus they are deemed immaterial. Marketplace lenders also have to balance the privacy of their borrowers with transparency to their investors.
The SEC Chair also spoke about crowdfunding, robo-advisors, the blockchain, and the illusions that subjective private market valuations can create.
Small Businesses Say ‘Yes’ to Online Lending Through NFIB Partnership With Kabbage
March 31, 2016
The largest association of small and independent business owners in the country is embracing online lending.
The National Federation of Independent Business (NFIB) announced a strategic partnership with Kabbage yesterday. The NFIB has more than 325,000 members.
Speaking about Kabbage, NFIB SVP Mark Garzone said, “Access to working capital for an expansion, repairs or short-term cash flow needs is essential for small businesses to thrive. We know that our members will benefit from this valuable resource.”
While the partnership is clearly a sign of Kabbage’s prowess, it also serves to reinforce the value that online lenders can provide to small businesses in general. “Many of our members – like a number of small businesses – struggle with the standard loan process when they need access to working capital,” said Garzone.
Not all online lenders are created equal, but a few have stood out from the crowd, in this case, Kabbage.
Earlier this month in The Atlanta Journal-Constitution, NFIB representative Holly Wade said, “Our fear is that they will over-regulate [online lending] out of existence or to the point that it’s no longer a benefit.”






























