Tenth Circuit Limits Rent-a-Bank Schemes
A recent Tenth Circuit ruling largely bans Colorado lenders from using rent-a-bank schemes to evade the state's usury caps. A new NCLC Digital Library article explains the decision and details strategies for challenging rent-a-bank loans in other states. Such strategies include arguing that the bank is not the true lender, that there are limits on rate exportation, and that the loan may still have to comply with non-interest credit law of the state of the consumer’s residence.