Industry News

SOS Capital Offers Super Bowl Tickets As Part of Charity-Driven Football Contest

September 10, 2017
Article by:

sos capital footballThink you’re good at NFL predictions? SOS Capital is offering anyone the chance to win Super Bowl tickets in their football eliminator contest. The entry fee is a $100 donation to the JJ Watt Foundation to support Hurricane Harvey flood relief in Houston, TX.

Pool Details:

  • $100 Donation Entry Fee
  • Winner Receives 2 Super Bowl Tickets- Courtesy of SOS Capital
  • 100% of proceeds will be donated to JJ Watts Charity
  • Unlimited Entries Allowed
  • Kicks Off Week 2 of the NFL Season
  • Deadline to enter is Thursday Sept 14th 2pm

Contact SOS Capital for details on how to join and donate. Call 212-235-5455 or email Charity@soscapital.com

I have already made my donation to the JJ Watt Foundation and joined. I hope to see many others of you in the contest!

let's play football

Square Wants to Become a Bank

September 6, 2017
Article by:

square charterSquare is expected to apply for an Industrial Loan Company (ILC) bank charter this week, according to American Banker and other sources. Like SoFi, who is busy trying to do the same thing, their attempt will also face competitive resistance.

In June, Richard Hunt, president and CEO of the Consumer Bankers Association (CBA), told deBanked that in the case of SoFi, “The whole world is evolving, fintech is evolving. This was inevitable one way or another.” It is therefore not entirely surprising that Square is following SoFi. Others may wait to see how the regulatory debate plays out before putting in applications of their own, however.

“No one envisioned when they wrote the ILC charter that we would have fintech companies that finance mortgages and student loans from private equity capital and not deposits. It’s a new world. Like with all rules and regulations, federal regulators should periodically review longstanding policy,” Hunt said.

Several people from the banking industry argue that the ILC charter route is a loophole and that if fintech companies exploit it and screw up, they could put the entire banking system at risk.

Christopher Cole, executive vice president and senior regulatory counsel at the Independent Community Bankers of America (ICBA), previously said, “We have been fighting the ILC charter for over a decade. When Walmart tried to apply for an ILC charter in 2006 we objected at that point. And that resistance was part of the reason why they never got a charter.”

On August 25th, Congresswoman Maxine Waters requested that a hearing be held on ILC charters to weigh all the concerns before acting on new ILC applications.

Until then, just because Square wants to become a bank, doesn’t mean they will succeed in doing so.

No, Able is Not Going Out of Business, Company Says

September 5, 2017
Article by:

Able Lending in Austin, TX

Above: A snapshot of Able’s office when deBanked visited earlier this year

An industry blog appears to have stretched the truth, again.

On September 1st, Lending Times published a story that relied on an anonymous source to suggest that Austin,TX-based Able Lending is going bankrupt and selling their portfolio. No other compelling evidence is offered other than Lending Times not having their messages returned. No clues as to what kind of knowledge the source might have and why they have it is provided.

Another blog piled on top of that story by circulating an email this afternoon with “Able Lending closing down?” in the subject line. That blog also wrote that their messages were not returned.

I personally reached out to Able and received an immediate response. Company CEO Will Davis pointed out a flaw with Lending Times’ anonymous source. “This anonymous source doesn’t seem to be anyone close to Able, because Able does not own a portfolio of loans (it originates and distributes loans to direct lenders, who then hold those loans on their balance sheet) and therefore has no portfolio to sell,” he said.

Davis also speculated that there could be an ulterior motive. “We believe this story originated by the fact that we’ve been in active discussions with a number of originators to acquire Able, and there’s a non-zero chance this story was placed in order to throw an interested party off the trail,” he explained.

“In any event, we have no plans to go out of business and no plans to declare bankruptcy,” he concluded.

You’re Under Arrest: Funder Takes Extreme Measures to Counter Data Theft

September 4, 2017
Article by:

employee arrested for data theft at yellowstone capital

Above: Yellowstone Capital CEO Isaac Stern takes the lead as police escort out the arrested employee behind him

An employee of Yellowstone Capital was arrested last month, according to a source who witnessed the events. At the company’s behest, local police entered Yellowstone’s Jersey City office and handcuffed a female employee who was believed to be engaged in the theft and misappropriation of financial data.

A spokesperson for Yellowstone would not comment on the events nor release the name of the accused. deBanked nevertheless obtained a photo of the individual being escorted out by police. We’ve blurred out her face to protect her identity. Several of those present, who spoke on the condition of anonymity, said that she had been employed by the company for several years.

When asked more generally about the risks of data leakage in the industry, Yellowstone Capital CEO Isaac Stern said that his company is operating on the edge of hyper vigilance. “Yellowstone is investing tons of time, money, and effort to prevent data theft,” Stern said. “We are doing everything in our power, everything, to address it, and we have even enlisted the assistance of an outside security firm.”

The incident does not stand alone. Last year, a man on Long Island pled guilty to attempted criminal possession of computer related material after being implicated in a merchant cash advance backdooring scheme.

Backdooring is industry jargon for when a broker submits a potential deal to a funder and that file ultimately leaks out to third parties whom the broker did not authorize to handle the information. Often times brokers will point their fingers at the funder for mismanaging data they suspect is escaping out the back door. Such accusations can be detrimental to a funder’s reputation not only with the broker community but also with customers they advance funds to. That’s why some funders are taking data security to new levels.

Greenbox Capital, for example, a funder in Miami, FL told deBanked back in March that their company designed proprietary software to monitor the actions of all users on their system, which allows them to know who clicked on what when, and for how long. They also developed algorithms to detect suspicious behavior and their security team receives an alert whenever it gets triggered. Greenbox had initially conducted a 90-day probe and discovered that two employees were stealing data. They don’t want that to ever repeat itself.

Using a cell phone to take pictures of confidential data may not help rogue employees evade detection, according to several funders who have said there are methodologies to spot this behavior but declined to explain what they are. And the risk of getting caught may not merely be termination, as evidenced by arrests that have taken place thus far. These funders say there have been other arrests over the last few years but that the companies did not want to draw attention to them.

Indeed, of the two backdooring-related arrests deBanked has reported on now, neither would officially confirm them.

“We take ISO information extremely serious,” Yellowstone’s Stern explained, lamenting that the value of deal data can inevitably foster rogue behavior, which they are constantly monitoring for.

Put another way, the personal information of a single performing client could be worth as much as $10,000 or more if it gets into the wrong hands. That’s because it could be used to offer that client a loan, advance or other service. The profit could come in the form of a commission, interest, RTR, a closing fee, or even something more nefarious like stealing their identity.

“We know about the pressure people face to illegally transmit data,” Stern said. “They think we don’t know, but we know the industry. Ultimately we will catch you.”

Marketplace Lending Investors Ponder Loan Defaults, Issues in Harvey’s Path

September 1, 2017
Article by:

On the LendAcademy Forum, a Lending Club investor posted that he had been selling notes belonging to Houston borrowers in anticipation of payment issues stemming from Hurricane Harvey. Other users chimed in with assessments of their own personal exposure, including one who noticed that affected zip codes made up a little under 4% of his outstanding principal. By now, secondary note buyers probably have their radar up to heed caution with these.

Elsewhere in the industry, MCA firm Strategic Funding and lender Breakout Capital both announced that they were suspending debits to businesses they’ve funded in the Hurricane’s path.

The OCC is also advocating that banks suspend payments in those areas from ATM fees to loans. They should consider “restructuring borrowers’ debt obligations, when appropriate, by altering or adjusting payment terms. Payment extensions should reflect individual borrower situations and generally should not exceed 90 days,” according to a statement.

The Alternative Finance Bar Association Announces September 13th Event

August 31, 2017
Article by:

An announcement from the AFBA:


Download Save The Date PDF

SAVE THE DATE


Space is limited. Contact Tiffany Diaz at Tiffany@LRohanlaw.com for information

Location: NYC Bar Association Offices

42 West 44th Street
New York, NY 10336

When: September 13th

The Alternative Finance Bar Association is proud to announce an upcoming speaking event: The New Regulatory Challenges Facing Small Business Lending: Navigating the New Frontier featuring Joann Needleman, Esq., Jane Luxton, Esq. & Tommy Brooks, Esq. from Clark Hill PLC.

The Consumer Financial Protection Bureau (CFPB) has launched a series of initiatives signaling that small business lending will be its next top priority. These initiatives will take the form of data gathering, including a Request for Information (RFI) from all interested stakeholders, targeted research and ECOA supervisory examinations. The CFPB has also indicated it will convene a panel under the Small Business Regulatory Fairness Act (SBREFA) as a first step in the rulemaking. What does this mean for AFBA members and what should members do to prepare for this new regulatory environment? Our panel will discuss how the CFPB will use its authority to regulate the market and ways for the industry to participate in the SBREFA panel proceeding in order to improve and, if necessary, challenge the CFPB’s proposals, including engagement with the Office of Advocacy of the Small Business Administration (SBA). Finally, there will be a discussion on the challenges of the OCC’s new fin-tech charter and increased concerns by states regarding usury rates that could have a significant impact on those entities that lend nationwide.

Stay tuned for more details…
Date: September 13, 2017
LOCATION: NYC BAR ASSOCIATION OFFICES

speaker lineup

Clark Hill’s Consumer Financial Services Regulatory & Compliance Practice Group is a national leader in the field of consumer financial services law, providing strategic legal counsel to clients in all areas of consumer and small business finance. We provide advice, consultation and litigation services to a wide variety of financial institutions throughout the country. Our exceptional team of lawyers as well as government and regulatory advisors has extensive experience in – and an in-depth understanding of – the laws and regulations governing consumer financial products and services including engagement with the Consumer Financial Protection Bureau and prudential regulators.

Download Save The Date PDF

Letter From The Editor – July/August 2017

August 30, 2017
Article by:

Happy end-of-summer. It’s been a remarkable year so far.

In this issue, we talked to small business owners about what works and what doesn’t. Several of them advocated for more personal attention and to shift away from old fashioned marketing tactics like cold calling. If you’re a salesperson, you’ll want to read what your clients told us.

On the bank side, the companies disrupting banking are… other banks, ones that have embraced digital technology and partnerships with online lenders. They’re tech companies with bank charters, or at least that’s how they appear. And it’s working for them quite well. To become a better bank, these banks are taking an entirely different approach than their predecessors.

We’ve got a lot more of course and I want to thank everyone that has supported deBanked all these years, whether as a paying advertiser or as a regular reader. One of the most rewarding things for myself personally has been to see copies of this magazine appear in the lobbies of funding companies all over the country as reading material for visitors. That has given us incredible reach, but I think we can reach even farther. Stay tuned for plans we have in 2018. As the industry turns a page, I hope that you’ll continue turning ours.

Sean Murray

deBanked Golf Outing 2017 Photos

August 29, 2017
Article by:

Thanks to Marine Park Golf Course in Brooklyn, NY for having us! And thanks to all who came and sponsored!

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