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Past Event
20 February 2019


  • Steven M. Kaplan
    T +1 202 263 3005
  • Jeffrey P. Taft
    T +1 202 263 3293
  • Eric T. Mitzenmacher
    T +1 202 263 3317

Consumer Finance Monthly Breakfast Briefing

Investing in Consumer Financial Services Companies or Consumer Loans and Receivables: The Importance of Due Diligence

Recent economic conditions and financial innovation present opportunities to investors in consumer financial services companies and consumer loans and receivables. Yet regulatory risks in consumer financial services products are often complex, substantial and varied, even after accounting for recent efforts at the federal level to ease regulatory compliance burdens.

This briefing will highlight common issues arising in pre-transaction due diligence and identify ways that investors and other secondary market participants can mitigate the consumer financial regulatory risk. Topics will include:

  • The importance of undertaking regulatory diligence reviews and the types of risks that can be assessed and mitigated;
  • Understanding the risks presented by bank partner programs and similar arrangements;
  • The potential risks arising from true creditor litigation, Madden and the ongoing cases in Colorado; and
  • Strategies for risk mitigation, including participation interests, concentration limits, eligibility criteria, and pre- and post-closing compliance conditions.
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