Recent Developments in Madden and True Lender Litigation

This briefing will highlight recent cases that challenge federal preemption of state laws regulating consumer interest rates, including cases involving debt securitization and marketplace lending and steps that issuers, investors and secondary market participants can take to mitigate these risks. The main topics will include:

  • Understanding the recent Madden-related cases and their potential impact on bank partner programs and financing arrangements;
  • The potential risks arising from these recent cases and the ongoing litigation in Colorado; and
  • Potential strategies for risk mitigation by investors, including participation interests, concentration limits and eligibility criteria.