Articles & Publications

Articles & Publications

Raising of Longstanding OCC Consent Purchase Might Signal Improved Environment for Bank Partnerships


On February 14, work associated with the Comptroller for the Currency (OCC) terminated a longstanding order that is cease-and-desist payday loan provider ACE Cash Express, Inc. Underneath the regards to your order, which was indeed in impact since 2002, ACE money was prohibited from “entering into any type of written or dental contract to offer any solutions, including payday financing, to virtually any nationwide bank or its subsidiaries minus the previous approval of this OCC.” The raising your order had been done without fanfare, and also the OCC would not issue a pr release or any other general public statements describing the reason why for the action. Nevertheless, we think it might portend an attitude that is favorable the federal degree toward “bank model” lending relationships.

The OCC put ACE money under the 2002 purchase as a result to alleged unsafe and unsound practices that amounted to a “pattern of mismanagement” associated with policies and procedures of Goleta nationwide Bank, the nationwide bank with which ACE maintained a financing relationship. The precise allegations included carelessness that is gross the managing of loan files ( ag e.g., 641 files had been allegedly disposed of by tossing them into a dumpster) and systemic failures in recordkeeping that lead to many violations for the Equal Credit chance while the Truth In Lending Acts. In announcing your order on October 29, 2002, then-Comptroller regarding the Currency John D. Hawke, Jr. stated, “We have expressed concern often times within the past concerning the dangers national banking institutions reveal themselves to once they lease their charters out to third-party vendors and neglect to exercise noise oversight.”

Beneath the regards to the events master that is agency contract, ACE money bought a 90-95 % involvement desire for payday advances originated by Goleta nationwide Bank, and performed marketing, servicing and collections tasks underneath the way of Goleta. The 2002 purchase would not deal with the parties’ bank partnership lending system, aside from the ambiguous declaration that “the Comptroller has significant policy issues regarding programs with this type,” which may be read as handling what sort of system had been operated versus its nature.

ACE money stays at the mercy of an associated CFPB consent order that doesn’t limit the company from contracting with nationwide banking institutions or other finance institutions to perform servicing activities related to lending.

Pepper Points

The OCC’s lifting for the permission purchase against ACE money must be seen in light of several articles quoting Comptroller for the Currency Joseph Otting as having a solid desire for seeing nationwide banking institutions increase small-dollar financing to customers, including to borrowers that are economically disadvantaged.

If prudently managed in a way in keeping with the security and soundness maxims outlined in OCC Bulletin 2013-29 (danger Management – Third Party Relationships), lending relationships between national banking institutions and nonbank loan providers provide a competent opportinity for nationwide banking institutions to achieve a wider pool of possible borrowers.

The OCC’s action really should not be interpreted as signaling a far more posture that is permissive the sort of security and soundness failures that ACE Cash had been purported to have involved in.

The materials in this book was made as regarding the date established above and it is predicated on regulations, court choices, administrative rulings and congressional materials that existed during those times, and really should not be construed as legal counsel or appropriate views on certain facts. The details in this book is certainly not designed to produce, together with transmission and receipt from it will not represent, a relationship that is lawyer-client.