Author Archive: Harriet B. Alexson, ESQ

Does the ADA Apply to Bank Websites and Apps?

The Americans with Disabilities Act (“ADA”)  prohibits workplace discrimination against individuals with disabilities and requires the elimination of physical barriers to public locations.   There is an unresolved legal issue as to whether the ADA’s existing language applies to websites. The applicable  provision of Title III of the ADA provides “[n]o individual shall be discriminated against […]

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Conference Of Bank Supervisors File Complaint Against The OCC Over Fintech Charters

The Conference of State Bank Supervisors (“CSBS”), which represents state chartered banks nationwide, filed suit against the Office of the Comptroller of Currency (“OCC”)  in the US district court of the District of Columbia in April, 2017, regarding  the OCC’s issuance of a new non-bank “fintech charter”. The complaint  alleges that the OCC is over-reaching […]

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CFPB And Commercial Credit

Does the Consumer Financial Protection Bureau (“CFPB”)  have jurisdiction over “commercial credit”? Rep. Emanuel Cleaver II,  raised certain concerns  in a recent letter to the CFPB (the “Cleaver Letter”) , which can help us answer this question.  As we know, fintech lending is based upon the use of algorithms to determine whether to provide commercial […]

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Special Purpose National Bank Charter

On March 15, 2017, the Office of the Comptroller of the Currency (“OCC”), the regulator and chartering authority for national banks and federal savings associations, issued a draft supplement to the Comptroller’s Licensing Manual entitled Evaluating Charter Applications from Financial Technology Companies (“Manual”).  The Manual describes the process through which financial technology (“fintech”) companies may […]

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Strategic Alliances: Legal Consideration in Financial Services Transactions

Strategic Alliances  are contractual agreements between business entities, or in some cases individuals  to share business assets, including but not limited to intellectual property, licensing, etc.  contribute funds and to some extent share technology and employees  to achieve a mutual financial goal.    These arrangements are well-known in the real estate industry as joint ventures and […]

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FINTECH And MARKETPLACE LENDING Bootcamp

There is some confusion in the marketplace with respect to new loan products and services in the banking industry.  My definition of “FINTECH” is broad and encompasses computer programs, applications and other technology used to provide banking and financial services.  Perhaps you have noticed that many retail bank services have been streamlined through on-line payment, […]

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Trump Administration Regulatory Freeze. What Is The Effect On The CFPB

The Trump Administration circulated a memorandum on January 20, 2017 (the “January 2017 Memo”) to the heads of executive departments and agencies,  initiating a regulatory review to be headed by the Director of the Office of Management and Budget (“OMB”).  The  January 2017 Memo  states in relevant part, “[S]end no regulation to the Office of […]

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AlexsonLaw Services. How We Help You To Reduce Costs And Legal Risk

My firm specializes in transactions, regulations, strategic alliances and mixed collateral loan transactions in the real estate and financial services industries. We are positioned in a unique space in that my many years in big firm law and my expertise in complex mixed collateral transactions, mergers and acquisitions, private funds, fintech  and bank regulation allow […]

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Organizers Of De Novo Financial Institutions

Financial Institution Letter FIL-81-2016 The FDIC is seeking comment on a handbook developed to facilitate the process of establishing new banks. Applying for Deposit Insurance – A Handbook for Organizers of De Novo Institutions provides an overview of the business considerations and statutory requirements that de novo organizers will face as they work to establish […]

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