Meade v. Avant of Colorado LLC Remanded to State Court

A magistrate judge for the U.S. District Court for the District of Colorado has recommended that the state consumer law regulator’s lawsuit against a fintech company that partners with a bank should be remanded to state court. Colorado’s Administrator of the Uniform Consumer Credit Code sued Avant of Colorado LLC last year, alleging that Avant lacked licenses to operate in the state and that Avant was the true lender of loans originated by WebBank, an FDIC-insured Utah-chartered bank. Avant removed the lawsuit to federal court, but the magistrate judge has now recommended sending the case back to state court. The magistrate judge noted that state law claims brought only against non-bank entities like Avant are not subject to complete preemption, even if the state law claims would have been subject to complete preemption if they had been brought against a national or state-chartered bank. Accordingly, the magistrate judge concluded that Avant has no basis to support an order for removal to federal court.

Meade v. Avant of Colorado – Recommendation of US Magistrate Judge to for Lack of Subject Matter Jurisdiction 122017


Death by a Thousand Cuts Update on Small-Dollar Lending

Death By A Thousand Cuts: Update on Small-Dollar Lending
By Catherine M. Brennan, Justin B. Hosie, K. Dailey Wilson, and Erica A.N. Kramer
During the past year, small-dollar lenders continued to face increasing legal and regulatory scrutiny at the state and federal level.  One large lender blamed increasing regulatory pressure as the leading reason for ceasing to offer payday and title loans. This survey reviews some of the key investigation, enforcement, litigation, legislation, and rulemaking developments since August 2014