Is Consumer Financial Protection Lacking Among Peer-to-Peer Lende

Is Consumer Financial Protection Lacking Among Peer-to-Peer Lende

Lender · Salt Lake City, UT · Member since 2012 · 714 posts · 169 votes

Consumer lending platforms, also known as crowdfunding, or peer-to-peer lenders, have inundated the consumer lending space since 2008. Although the Consumer Financial Protection Bureau (CFPB) has wreaked havoc on the mortgage industry since the onset of the financial crisis in 2008, they don’t seem to be taking notice of the wave of new consumer lending platforms that are popping up overnight. In fact, peer-to-peer lenders seem to be completely untouched by new consumer lending regulations. The good news is that the emergence of these new mediums for lending and borrowing have given consumers more options than they ever had before. But how are these online platforms regulated under the CFPB, and how will consumers be protected?

In order to start a consumer lending platform like Prosper.com for example, you need a registration from the SEC. Although the SEC regulates the raising of capital for such ventures, who is regulating the consumer lending side of it all to ensure that consumers are protected? What about personal identifying information? How will this be protected with so many fly-by-night lending platforms out there with no credibility or reputation to build on? It seems the CFPB has been so busy policing the mortgage industry that it has taken a blind eye. But maybe not? In August of this year Lending Club agreed to settle with the CFPB and will pay restitution to borrowers in the program to the tune of $700,000 for alleged “borrower confusion” about the terms of a deferred interest product. However they are not admitting any wrong doing in the said settlement with the CFPB.

With a new crowdfunding platform being launched every week in this Country, how will the CFPB keep up with protecting consumers and their financial information? Please share your own insights, experiences, and other thoughts on this topic. I’d like to see what other consumers have to say about this.

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Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
11y

Corey, do you really think the CFPB are protecting consumers or raising money for the highest paid governmental organization every created?  It seems they are too focused on suing (settling) with banks and other lending institutions to raise capital for themselves than  actually protecting actual consumers.  Since the inception of the CFPB, borrowers costs have only increased by over 25% because of the additional risk and regulation to lenders.  

Rather than being concerned about how our already all too powerful and annoying government is going to protect us, we should just protect ourselves.  If we are investing, invest with people and systems we trust and vet out ourselves.  If peer to peer lending doesn't sit right with you - don't do it!  Invest in things you understand.  I understand real estate.  I can hold title to it, place a first mortgage lien against it.  This is something I understand, and this is where I invest my money!

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  • Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
    11y

    Corey, do you really think the CFPB are protecting consumers or raising money for the highest paid governmental organization every created?  It seems they are too focused on suing (settling) with banks and other lending institutions to raise capital for themselves than  actually protecting actual consumers.  Since the inception of the CFPB, borrowers costs have only increased by over 25% because of the additional risk and regulation to lenders.  

    Rather than being concerned about how our already all too powerful and annoying government is going to protect us, we should just protect ourselves.  If we are investing, invest with people and systems we trust and vet out ourselves.  If peer to peer lending doesn't sit right with you - don't do it!  Invest in things you understand.  I understand real estate.  I can hold title to it, place a first mortgage lien against it.  This is something I understand, and this is where I invest my money!

  • Lender · Salt Lake City, UT · Member since 2012 · 714 posts · 169 votes
    11y

    Yes I agree that some of the actions taken by the CFPB have certainly been questionable, at least to date. I like the fact that crowdfunding has opened up alternatives in lending to consumers, and further that the emergence of lending platforms like Prosper.com are creating more liquidity in the area of consumer lending. And I'm not poking at the crowdfunding industry in any manner. Just asking the question, how does consumer financial protection factor in? There isn't a lot of information out there on the web yet to answer this question, since the concept has been only recently gaining a lot of momentum.

  • Investor · Round Rock, TX · Member since 2010 · 8k+ posts · 4k+ votes
    11y

    I wouldn't expect to get too much love from this crowd on welcoming additional gov-mint regulation.  

    Funding platforms also do not need to register with the SEC.  I am not sure where you got that information.  What filings and registrations they need to do vary based on how they're set up, where they reside, how much deal flow they do, etc.  

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    11y
    Originally posted by @Darren Eady:

    Corey, do you really think the CFPB are protecting consumers or raising money for the highest paid governmental organization every created?  It seems they are too focused on suing (settling) with banks and other lending institutions to raise capital for themselves than  actually protecting actual consumers.  Since the inception of the CFPB, borrowers costs have only increased by over 25% because of the additional risk and regulation to lenders.  

    Rather than being concerned about how our already all too powerful and annoying government is going to protect us, we should just protect ourselves.  If we are investing, invest with people and systems we trust and vet out ourselves.  If peer to peer lending doesn't sit right with you - don't do it!  Invest in things you understand.  I understand real estate.  I can hold title to it, place a first mortgage lien against it.  This is something I understand, and this is where I invest my money!

     I'd say your first paragraph is pure horesfeatherts, where is the proof of that? Horsepucky, pure opinion. Failure to understand the breadth and depth of regulatory control. 

    Your second paragraph does have credence since investors should be more educated dealing in a commercial venture, they aren't consumers!

    As I said years ago, we will see what RE financing platforms come to, they don't really meet the intent of the Jobs Act! :)

  • Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
    11y

    The average refinance went from a cost of $2700 to $3600 from 2008 to 2011.  Of course the CFPB was not in charge of the actual increase in cost itself, but the government's involvement from 2008 through 2010 and the institution of the new GFE in 2010 and AMCs adding a middle man (with a fee) to the appraisal process all contributed.  The CFPB was just the entity named for controlling and monitoring the processes after these changes went into effect and stole money from the country (again)!  

    I'm not sure if you work for the CFPB @Bill Gulley, but it's easy to sit back and and say "bull", but what about big government has ever helped???  Obamanocare?  I think I'm paying $1200 a month for my health insurance now when I used to pay $330 a month. 

    Either way, I'm not interested in debating politics.  This is my opinion and it's as good or better than yours!

  • Ian IppolitoBusiness Member
    Investor · Tampa, FL · Member since 2015 · 1k+ posts · 1k+ votes
    11y

    @Account Closed,

    I'm not sure where you're getting your information from. If you take a look at the current state of peer to peer consumer loan regulation, it is actually heavily regulated to protect consumers. It takes six pages just to summarize all the different government agencies involved:

    The Regulation of Marketplace Lending: April 2015 summary

    http://www.aba.com/Tools/Offers/Documents/Chapman....

    Also, peer to peer consumer sites aren't actually springing up all over the place. It's extremely difficult to set up a legal peer to peer consumer site which targets both accredited and nonaccredited investors, due to all the regulations (see the other 50 pages of regulation summary in the above). 

    The Real Estate Crowdfunding Review
    View Page
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