Article · Finance
Rent-a-Charter: The Bank Partnership Model and the Law That Keeps Testing It
12 U.S.C. § 85
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-08-29
- Topic
- Finance
Most consumer lending in the United States that looks like it comes from a technology company actually comes from a bank. The fintech markets the product, underwrites it, services it, and takes the credit risk, while a chartered bank originates the loan and immediately sells it back. That structure exists for one reason: federal law lets a bank charge the interest rate permitted by its home state anywhere in the country, and a non-bank lender cannot. This article explains the exportation doctrine from Marquette through Smiley, why Madden v. Midland Funding disrupted the assignment half of the model and how the valid-when-made rules answered it, and why the true lender question remains genuinely open after Congress repealed the OCC rule that tried to settle it. It then maps the rest of the consumer financial services regime that applies regardless of who the lender is: the CFPB's UDAAP authority and its recent constitutional history, the disclosure and fair lending statutes, the money transmission and anti-money-laundering licensing layer, third-party risk management expectations that make the bank responsible for its partner's conduct, and the newer products and rules reshaping the field.
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