Business Lending

What Shakeout? Breakout Capital Secures $25 Million Credit Facility

February 8, 2017
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Carl Fairbank, CEO of Breakout CapitalPut a tally up on the board for small business lenders in 2017. McClean, VA-based Breakout Capital, which just announced a move into a larger office last week, has also secured a $25 million credit facility with Drift Capital Partners. Drift is an alternative asset management company.

Breakout is young by today’s industry standards, founded only two years ago by former investment banker Carl Fairbank, who is the company’s CEO. And don’t count them out just because they’re not in New York or San Francisco. Washington DC’s Virginia suburbs have become somewhat of a hotspot for fintech lenders. OnDeck, Fundation, StreetShares and QuarterSpot all have offices there, Fairbank points out. “And Capital One is right up the street,” he adds while explaining that the community has a strong talent pool that is familiar with creative lending. Breakout has already grown to about 20 employees and they’re still growing, he says.

Fairbank considers Breakout to be a more upmarket lender, whose repertoire includes serving the near-prime, mid-prime customer. CAN Capital and Dealstruck had focused on this area and both companies stopped funding new business in 2016. As I point this out, I ask if that suggests that segment is perhaps too difficult to make work.

“Candidly, that’s the part of the market that I feel the best about,” he says matter of factly. The company tries to product-fit deals based on the borrower, and will even make monthly-payment based loans. “I think the subprime side with the stacking and the debt settlement companies is a very very difficult place to play right now,” he says, adding that they have worked with subprime borrowers using their original bridge program but that they’ve kind of pulled back from doing those. As with all programs regardless, their goal is to graduate merchants into better or less costly products later on. We have helped merchants move on to get SBA loans, he maintains.

That all sounds very hands on, and part of it is, Fairbank confirms while asserting that technology does indeed do a lot of the legwork. “There’s absolutely a human element to underwriting these deals,” he says. He also agrees with much of what RapidAdvance chairman Jeremy Brown wrote in a deBanked op-ed titled, The New Normal. Both Breakout and RapidAdvance refer to themselves as technology-enabled lenders, an acknowledgement that tech is a component of the company, not the entire company itself.

“I think we will see the beginning of the demise of fully automated, no manual touch funding,” Brown wrote in his article.

Brown also predicted that the legal system will ultimately impose order on some industry practices like stacking or that a state like New York could take a public policy interest in products he believes have legal flaws. As he was writing that, Governor Cuomo’s office published a budget proposal that redefined what it means to make a loan in the state. And it leaves much to be desired, some sources contend. Two attorneys at Hudson Cook, LLP, for example, published an analysis that demonstrates how its wording is ambiguous and far-reaching.

“What they really need to do is take the time to think through the implications and basically do a full study of the market to ensure that what they’re pushing forward is going to have the desired consequences,” Breakout’s Fairbank offers on the matter.

This doesn’t mean he’s anti-regulation. The company already holds itself to high standards and customer suitability and is a founding member of the Coalition for Responsible Business Finance.

“I personally do believe that there’s bad forms of lending or cash advances in the market and I’m sure that’s what Cuomo thinks as well but at the same time, it’s getting pushed very quickly and they really really ought to step back and do the research to understand the broader implications and to understand what exactly they’re trying to accomplish,” he maintains.

His pragmatism extends to the OCC’s proposed limited fintech charter, which he finds intriguing, assuming it gets buttoned up. “I believe it’s a concept worth pursuing,” he says, explaining that regulators will need to get comfortable with unsecured lending.

In the meantime, he’s optimistic about Breakout’s prospects. “In a time when institutional appetite for alternative finance companies has dried up, we believe our ability to raise a credit facility in this market speaks volumes about what we have already accomplished, our position as a leading player in the space, and our prospects for strong, but measured, growth,” Fairbank is quoted as saying in a company announcement. The company was also invited and joined the Task Force for the PLUM Initiative, a collaboration between the U.S. Small Business Administration (SBA) and the Milken Institute to more effectively provide capital to minority-owned businesses throughout the United States. The Task Force consists of a very select group of industry leaders, who are in positions to improve access to capital in underserved markets, according to the announcement.

While other companies are making adjustments or in his opinion, continuing to make questionable underwriting decisions, Fairbank thinks his formula for success works. “I think that we do look at deals differently than most folks because I intentionally built the core of my underwriting team with folks who are not from this space so they take a more traditional approach and mix it with some of the greatest aspects of alternative finance.”

OnDeck’s COO Announces Resignation Prior to Q4 Earnings

February 3, 2017
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OnDeck COO James Hobson notified the company on Friday that he is resigning to “pursue another opportunity.” According to the 8-K filed with the SEC, it will become effective on March 15, 2017.

Hobson started at OnDeck in 2011 and became the COO in 2012.

The announcement comes weeks before OnDeck is expected to disclose their Q4 and full-year 2016 report. In Q3, the company had shifted to keeping more loans on their own balance sheet, while increasing their reliance on third party brokers for business. They had also reported a GAAP net loss of $16.6 million for the quarter, bringing the 2016 Q1 – Q3 total losses to $47.1 million.

New York’s Proposed Budget Slips In Sweeping Regulation of Non-bank Business Lending and Finance

January 28, 2017
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In New York, Governor Cuomo’s 309-page budget proposal includes a handful of sentences tucked in towards the end (Part EE) that would revise Section 340 of the state’s banking law. And the implications are broad, given that it calls for any person or entity involved in the soliciting, arranging or facilitation of business and consumer loans or other forms of financing to be licensed in order to engage in such activity. It appears that MCA companies as well as business loan brokers and ISOs would be directly impacted.

NY Budget Proposal to Regulate Non-bank business financeNY Budget Proposal to Regulate Non-bank business finance

If it passes, the regulator tasked with overseeing that would be the New York Department of Financial Services. It would be effective January, 2018.

For consumer loans, it applies to loans $25,000 and under. For business financing, $50,000 and under.

Biz2Credit – Citigroup Small Business Loan Partnership Spotted

January 27, 2017
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Business Insider revealed that Biz2credit and Citigroup have quietly partnered up on a website to make small business loans up to $1 million. There was no actual link to it, so we’ve found it ourselves.

The link appears in several areas of Citi’s website under the small business finance category and that brings you here:

Biz2Credit citibank

When you go to register, a page pops up insisting that this isn’t a loan application, but rather just a “worksheet” to have a banker from Citi call you within 2 days. “It will be used by a Citibank Banker to discuss your financing needs,” it reads.

Worksheet Intro

The worksheet asks for very basic information such as name, business name, address, annual revenue, and financing requested.

If this doesn’t sound overly advanced, perhaps that’s why it’s being kept on the down low. According to Business Insider, Biz2credit CEO Rohit Arora said they have chosen not to publicize the effort because it’s in the very early stages.

The cat’s out of the bag now…

New FCC Chairman Ajit Pai Has Been Critical of Serial TCPA Plaintiffs, Record Shows

January 24, 2017
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Ajit PaiFCC Commissioner Ajit Pai is the commission’s new chairman, thanks to President Trump. A republican who believes free markets are better for American consumers than highly regulated ones, Pai is likely to offer a sympathetic ear to companies besieged by serial TCPA plaintiffs, a problem that has reached epidemic proportions in the small business finance industry.

In 2015, when the FCC announced a broader definition of an autodialer under the TCPA, Pai strongly dissented.

“The common thread here is that in practice the TCPA has strayed far from its original purpose. And the FCC has the power to fix that. We could be taking aggressive enforcement action against those who violate the federal Do-Not-Call rules. We could be establishing a safe harbor so that carriers could block spoofed calls from overseas without fear of liability. And we could be shutting down the abusive lawsuits by closing the legal loopholes that trial lawyers have exploited to target legitimate communications between businesses and consumers.

Instead, the Order takes the opposite tack. Rather than focus on the illegal telemarketing calls that consumers really care about, the Order twists the law’s words even further to target useful communications between legitimate businesses and their customers. This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.”

– Ajit Pai, 2015

If you’ve been threatened or sued by someone for violating the TCPA, you’re not alone. When we researched Smile, Dial and Trial, we reviewed dozens of lawsuits filed against small business finance companies and have since even discovered new ones filed since then.

Why Banks and Alternative Lenders Will Play Ball in 2017

January 23, 2017
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Brock Blake FullThe economic recession over the last decade significantly slowed banks’ willingness to approve small business loans, and the impact on small businesses’ ability to get loans from banks is still being felt today. According to the Wall Street Journal last year, big banks have decreased the number of loans to small businesses by more than 38 percent since 2006.

But the recession helped pave way for another industry – alternative lending – which has significantly improved access to capital for small businesses. According to the Small Business Administration (SBA), the 2016 fiscal year was a record setting year for loans, with more than 70,000 approved that totaled $28.9 billion and supported nearly 694,000 jobs.

The success of alternative lending showed banks the importance of expanding their offerings, particularly with online loans and small businesses. Over eight years removed from the recession, banks are taking notice and rebounding to grant more small business loans and release new financial services. More and more headlines show that banks are shifting their strategies to keep up with America’s technology and alternative lending habits, making 2017 the year banks finally get back into the fray and play ball with alternative lenders to improve the lending process.

For one, banks already have built-in advantages to accomplish this:

  • an extremely low cost of capital
  • a built in customer base that can be targeted
  • visibility into accounts and access to a treasure trove of key data

banksIn 2016, we saw large banks explore three key strategies: build, buy or partner. Let’s look at a few examples of each:

Build: Wells Fargo went to market with its own technology in 2014, called Wells Fargo FastFlex for Small Businesses. Opening access to lines of credit, term loans, and SBA loans, Wells Fargo set a five-year goal to extend $100 billion in loans to small businesses. In December 2016, Citizens Bank announced plans to start offering its own digital small-business loans by the middle of 2017.

Buy or License: Instead of building infrastructure, banks can acquire or license off-the-shelf technology. This route is for the financial institutions that don’t believe in building tools themselves or want to move more quickly than their internal development resources will allow. Instead of expanding its suite of offerings on its own, they would rather acquire an existing infrastructure and focus on the top end of the lending market. Kabbage has led the way on the licensing deals by announcing partnerships with ScotiaBank, Santander, and ING.

Partner: Through partnerships, banks can expand their loan offering and quickly leverage other’s technology. Through licensing deals or white-labels, banks can send businesses they decline to work with to alternative lending options to give their customers additional access to small business loans. In December 2015, JPMorgan Chase took this route and partnered with On Deck Capital to provide alternative lending and small businesses loans to its customers. JPMorgan Chase also partnered with LiftFund in October 2016 to fill the remaining gaps in its small business lending services.

It was a resurgent year for banks’ ability to offer small business lending. In fact, going into 2016, American Banker predicted that banks would set their sights on online lending by signing strategic partnerships with the leading platforms. That came true to an extent, but based on recent trends, 2017 will really be the year that banks and alternative lenders start to work together.

No longer content to be sidelined, banks are starting to play ball, and they will continue to do so at an even faster pace. The fact that banks are moving in now and increasing small business loans validates alternative lending. As JPMorgan Chase has showcased, partnerships between banks and alternative lending can offer channels of sales for both parties and improve the small business lending process. The next step is for banks and alternative lending to work together.

New Regulations, Section 1071 of Dodd-Frank Among Them, Temporarily Frozen By Executive Order

January 23, 2017
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President Trump

Image Credit: The Whitehouse
All new regulations were frozen by President Trump’s executive order on Friday, which would include the CFPB’s plan to backdoor their way into regulating small business finance.

Update 2/1/17: Disagreements abound over whether or not Trump’s recent regulatory freeze can affect the CFPB. According to the WSJ, part of this stems from the CFPB’s uncertain status as an independent agency after the the recent court decision in PHH Corp v. CFPB. “The CFPB is following a hiring freeze ordered separately by the Trump administration,” the WSJ states. This may be a signal that they do not feel totally insulated.

Section 1071 of Dodd-Frank had expanded Reg B of The Equal Credit Opportunity Act and granted the CFPB the authority to collect data from small business lenders. It’s all-encompassing considering that it oddly defined a small business lender as “any entity that engages in any financial activity.”

Although Dodd-Frank was passed in 2010 and the CFPB created in 2011, Section 1071 has been lying in wait. But just a month ago, the Federal Register said that its implementation was under way, with a pre-rule timetable of March 2017. “The Bureau is starting its work to implement section 1071 of the Dodd-Frank Act, which amends the Equal Credit Opportunity Act to require financial institutions to report information concerning credit applications made by women-owned, minority-owned, and small businesses,” it says.

And that work is no doubt a big undertaking, especially if it is really supposed to cover any entity that engages in any financial activity.

“The amendments to ECOA made by the Dodd-Frank Act require that certain data be collected and maintained, including the number of the application and date the application was received; the type and purpose of loan or credit applied for; the amount of credit applied for and approved; the type of action taken with regard to each application and the date of such action; the census tract of the principal place of business; the gross annual revenue of the business; and the race, sex, and ethnicity of the principal owners of the business. The Dodd-Frank Act also provides authority for the CFPB to require any additional data that the CFPB determines would aid in fulfilling the purposes of this section.”

Fear exists in the commercial finance community that the CFPB will use such data in a misinformed way to levy penalties and exert control over business-to-business transactions even though its statutory power is limited to just the collection of information.

Although the CFPB is still in the information gathering stage on Section 1071, the President’s regulatory freeze is likely only the first step of many to delay or dismantle their rules. And that’s at a minimum. Presently, the CFPB is faced with the threat that Trump will fire its director or abolish the agency altogether. There is strong support for this among Republicans, especially given that a federal court recently held that the CFPB’s structure is unconstitutional. In PHH Corp v. CFPB, the court offered two ways for the agency to come into compliance with its order, either reconfigure into a multi-member directorship or yield the director’s power to the President of the United States. Sitting CFPB Director Richard Cordray rebuffed the order as “wrongly decided” and declined both. His term ends in 2018.

The CFPB’s brash refusal to make concessions or accept court orders has made it a prime target of Trump’s administration. Because of the battles with the agency still to come, it is possible that Section 1071 may not begin to see the light of day for at least another four years.

The Top Small Business Lending Platform Finalists Named By LendIt

January 20, 2017
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The LendIt Industry Awards has named six finalists for the Top Small Business Lending Platform. They are:

  • OnDeck
  • Kabbage
  • SmartBiz
  • StreetShares
  • Ascentium Capital
  • iwoca

OnDeck you should know by now. They are publicly traded on the NYSE under ticker ONDK. We last sat down with them in October, shortly before they announced a $200 million credit facility with Credit Suisse.

Kabbage was one of the first online small business lenders to truly experiment with complete automation. In the last year the company has partnered with banking giants Santander and Bank of Nova Scotia.

SmartBiz ranked as the number one provider of non-Express, SBA 7(a) loans under $350,000 for fiscal year 2016. An online platform, they generated $200 million in funded SBA 7(a) loans through its bank lending partners during that period.

StreetShares has a strong focus on funding veteran small businesses. The company is also one of a very few to get approved for Reg A+ under the JOBS Act, which allows them to accept investments from unaccredited retail investors (with some limitations).

Ascentium Capital actually funded nearly $900 million to small businesses in 2016 and was acquired by PE firm Warburg Pincus just a few months ago.

iwoca is based in the UK but also operates in Germany, Spain, and Poland. They offer lines of credit to small businesses up to £100,000 with repayment terms of up to 12 months. Interest rates range from 2% to 6% per month. iwoca has raised £46 million through debt and equity.

According to LendIt, finalists for this category were awarded to the top small business lending platform based on a combination of loan performance, volume, growth, product diversity and responsiveness to stakeholders.

A similar category, the greatest Emerging Small Business Lending Platform also had six finalists. They include:

  • ApplePie Capital
  • Capital Float
  • Credibility Capital
  • Lendio
  • Lendix
  • Wunder Capital

More than 30 industry experts will judge and select award winners. You can view all categories, finalists and judges here.

You can also get 15% off the LendIt Conference registration with promo code: Debanked17USA.