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- Twenty state
attorneys general have urged federal regulators to block proposed bank
acquisitions by Opportunity Financial and Enova
- The coalition argues
the deals could weaken consumer protections by facilitating high-interest
lending beyond state usury limits
- Both companies say
becoming regulated banks would strengthen oversight and consumer
safeguards
- The attorneys general
also criticized regulators for granting trust charters to cryptocurrency
firms
- The cases are
expected to shape future regulatory policy on fintech access to the U.S.
banking system
A coalition of 20 state attorneys
general has urged U.S. banking regulators to reject two proposed acquisitions
that would allow high-cost consumer lenders to acquire federally regulated
banks, arguing the transactions threaten consumer protections and could
encourage riskier lending practices across the financial system.
In a letter sent to the Office of the
Comptroller of the Currency, the Federal Deposit Insurance Corporation and the
Federal Reserve, the attorneys general called on regulators to block
Opportunity Financial's proposed $130 million acquisition of an Arizona bank
and Enova International's planned $369 million purchase of Grasshopper Bank.
Led by Illinois Attorney General
Kwame Raoul, the coalition argued that granting banking charters to companies
with business models centered on high-interest lending would undermine state
usury laws designed to protect borrowers from excessive interest rates.
"As the regulators that manage
national bank charters, bank holding companies, and deposit insurance, you
collectively determine who is allowed access to national banking privileges and
what responsibilities and conditions they must meet," the attorneys
general wrote.
"We urge you to prohibit such
access to entities that have a track record of brazenly attempting to evade
state law and disregarding consumer protections."
The letter was also signed by
attorneys general from Arizona, California, Colorado, Connecticut, the District
of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and
Washington.
The group argued that nearly every
U.S. state has established statutory limits on consumer lending rates, with
many capping smaller loans at 36% annual interest or less.
According to the letter, partnerships
between fintech lenders and banks located in states without interest rate caps
have enabled lenders to offer loans nationwide at rates exceeding those
permitted under many state laws.
"These arrangements are
deliberate efforts to avoid state usury laws and to extract profit from those
that are in desperate need of money," the attorneys general wrote.
The challenge highlights a growing
debate over so-called "bank partnership" models, in which nonbank
lenders work with federally chartered or state-chartered banks to originate
loans that may benefit from federal interest rate exportation rules. Consumer
advocates have long argued that the arrangements enable lenders to bypass state
lending restrictions, while supporters contend they expand access to credit for
consumers underserved by traditional banks.
Both companies rejected suggestions
that their business models weaken consumer protections.
An Opportunity Financial spokesperson
said the company's lending platform is "highly compliant, legally robust,
and consumer-friendly."
"Moving this model into a
regulated banking infrastructure will enable us to pair our proven product with
extensive federal oversight, further strengthening our commitment to
transparent and fair consumer lending," the spokesperson said.
Enova also defended its proposed
acquisition. Chief Strategy Officer Kirk Chartier noted that a separate
coalition of 21 state attorneys general recently supported a bank's ability to
export home-state interest rates in federal court.
He said that, as a national bank,
Enova "would operate under full federal banking agency supervision and
consumer protections and in compliance with applicable federal and state laws
and interagency lending guidance."
The attorneys general also used the
letter to criticize regulators' broader approach to charter approvals,
expressing concern about national trust charters issued to cryptocurrency
firms.
They argued that expanding access to
federal banking privileges for digital asset businesses could "amplify
risk and instability to the financial system" while encouraging what they
described as a regulatory "race to the bottom."
Those concerns echo objections
previously raised by several banking trade associations, which have questioned
whether trust charters provide an appropriate supervisory framework for certain
cryptocurrency activities.
However, Comptroller of the Currency
Jonathan Gould has defended allowing appropriately supervised digital asset
activities within the regulated banking system.
Speaking previously about crypto
oversight, Gould argued, "It's better for it to be done within the banking
system, if it's legally permissible and can be done in a safe and sound manner,
so that we can see it and monitor it, versus an ostrich approach, where we put
our head in the sand and we're not really observing what's going on out
there."
The regulators have not indicated
when decisions on either acquisition will be made.
Whatever the outcome, the cases are
expected to become important tests of how U.S. banking supervisors balance
financial innovation, competition and consumer protection as fintech firms
continue seeking greater access to the federal banking system.