Clients in all segments of online lending—platforms, investors, service providers, and banks—call on our team to help them identify legal issues and find creative approaches to address them. Our clients cover the spectrum, from fintech startups to mature businesses to institutional and non-institutional regional and global investors. We tailor legal solutions to their specific business objectives, risk tolerances, and market constraints.
We have helped launch commercial and consumer platforms, worked with broker-dealers, advised both large and small investment advisers and service providers, served as general counsel to private online investment funds, and advised publicly traded non-U.S. funds dedicated to investing in online and marketplace loans in the United States and around the world.
Our full suite of legal services for platforms and investors includes advising on startup corporate structuring and compliance and other launch issues; structuring seed and venture capital financing; preparing investment fund formation documentation; counseling on broker-dealer formation, registration, and operations; and assisting with investment adviser registration and operations. Our team also counsels on primary and secondary loan purchases and advises on privacy, data security, and tax strategies.
We also handle matters related to small and medium-sized enterprises (SMEs), real estate acquisition and improvement, dedicated online lending broker-dealers (acquisition, formation, and regulation), project finance, solar finance, student lending, tribal lending, merchant cash advance, and other niche lending businesses.
We have the specific experience and legal skills necessary to handle Consumer Financial Protection Bureau (CFPB) issues, as well as other state and federal bank regulatory compliance. We draw on our experience in the traditional Securities and Exchange Commission (SEC)-registered online lending context, along with new and emerging areas of capital raising, including Title II, Title III, and Title IV (Regulation A/A+) of the JOBS Act and Section 3(a)(11) (intrastate exemption) under the Securities Act.
We work closely with our regulatory and compliance attorneys, who are well-versed in federal and state lending laws relating to both small business lending and consumer lending. In the consumer lending area, we have advised regulated and unregulated financial firms in lending on a national basis. Our attorneys know the federal regulatory agency rules and have experience with the 18 consumer protection statutes promulgated by the CFPB, including Regulations Z, E, and B; the Gramm-Leach-Bliley privacy rules; and the state rules and regulations governing usury.
We have also represented many banks that have entered into marketing and purchase and sale transactions with online participants including:
On behalf of our online platforms, we have also negotiated many purchase and sale and marketing agreements with banks that collaborate with these platforms to offer loans on a 50-state basis.
Consumer Financial Services Law Monitor
05.21.24
Kansas Governor Enacts Significant Changes to Kansas Mortgage Business Act and Uniform Consumer Credit Code
Consumer Financial Services Law Monitor
05.20.24
CFPB Files Lawsuit Against SoLo Funds for Alleged Deceptive Lending Practices
Consumer Financial Services Law Monitor
01.25.24
Join Us at the OLA Legal Issues Conference for a Panel on Federal Enforcement in 2023
Consumer Financial Services Law Monitor
01.12.24
CA DFPI Reaches Settlement with Internet Platform Over Alleged Failure to Disclose Potential Convenience Fees
Consumer Financial Services Law Monitor
01.09.24
NY Governor Announces Plans to Regulate “Buy Now, Pay Later” Industry
Consumer Financial Services Law Monitor
11.13.23
Opportunity Financial Scores Big Win in CA DFPI’s “True Lender” Lawsuit