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California Settlement Offers Reminder that Buy Now Pay Later Participants are Subject to California Financing Law

September 15, 2022 By Ross Speier and Josh Dhyani

In August 2022, the California Department of Financial Protection and Innovation (“Department” or “DFPI”) entered into a consent order with a company offering point of sale financing products that the DFPI deemed to be buy now, pay later (“BNPL”) financing, for which a California Financing Law (“CFL”) license is required. The company is required to […]

Filed Under: California, Consumer Loan, Licensing Tagged With: #BNPL, #California, fintech

New Proposed Registration Requirements for Covered Financial Products and Services Under the California Consumer Financial Protection Law

December 10, 2021 By Josh Dhyani

Last year, California passed the California Consumer Financial Protection Law (“CCFPL”), which renamed the Department of Business Oversight as the Department of Financial Protection and Innovation (“DFPI”) and expanded the authority of the department, including increased regulatory authority related to certain financial products. Under that widened purview, the DFPI has now proposed regulations requiring registration […]

Filed Under: California, Licensing, State Law, Student Loans Tagged With: #California

Application Deadline Looms Under California Debt Collection Licensing Act

December 2, 2021 By Josh Dhyani

On September 25, 2020, California Governor Gavin Newsom approved Senate Bill 908 – enacting the Debt Collection Licensing Act (DCLA). The DCLA, which takes effect January 1, 2022, requires a person or entity engaging in the business of debt collection in California to be licensed and provides for regulatory oversight of debt collectors by the […]

Filed Under: California, Debt Collection, Licensing, Mortgage Servicing, State Law Tagged With: #California, #debtcollection, #mortgageservicing, Servicing

California, New York Create Disclosure Requirements for Commercial Financing Transactions

November 3, 2021 By Stephen Ornstein

A&B ABstract: As a general matter, state regulation of commercial lending is relatively light, and few states impose licensing requirement on commercial loan origination.  In two noteworthy state developments, however, California and New York will require loan “providers” to furnish certain consumer-like disclosures to prior to the consummation of commercial financing transactions. The California requirements […]

Filed Under: California, State Law Tagged With: #commercial, #mezzanine

California AG Proposes Regulatory Changes to CCPA

December 22, 2020 By Michael Young

On December 10, the California Attorney General’s office provided “Notice of Fourth Set of Modifications” to regulations under the California Consumer Privacy Act. The new proposed regulatory text would modify the current regulations which took effect in August. The latest proposal responds to comments on a prior draft and primarily addresses the presentation of the right to […]

Filed Under: California, Privacy and Cybersecurity, State Law

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