California DFPIConsent Ordermedium

Wheels Financial Group, LLC d/b/a LoanMart

On December 21, 2021, the California Department of Financial Protection and Innovation announced a consent order against Wheels Financial Group, doing business as LoanMart, a fintech-like auto title loan servicer. The action stemmed from a 'true lender' investigation examining whether LoanMart was using a partnership with a Utah state-chartered bank to evade California interest rate caps. Under the consent order, LoanMart agreed not to market or service high-interest loans under $10,000 originated through state-chartered banks, without admitting to any violations. This case highlights the regulatory scrutiny of bank-fintech lending partnerships and the 'true lender' doctrine, which is directly relevant to the BaaS model where fintechs leverage bank charters for lending activities.

Verified from source: The California DFPI entered into a consent order with Wheels Financial Group (LoanMart) following a 'true lender' investigation into its partnership with a Utah state-chartered bank to potentially evade interest rate caps under the Fair Access to Credit Act. LoanMart agreed not to market or service vehicle-secured installment consumer loans under $10,000 at rates exceeding 36% plus the federal funds rate through a state-chartered bank program.

Implications
  1. Reinforces state regulatory focus on 'true lender' issues in bank-fintech lending partnerships
  2. Signals that state regulators may pursue enforcement against fintechs that leverage bank charters to circumvent state interest rate caps
  3. BaaS lending programs must carefully structure relationships to demonstrate the bank is the true lender
Source
Related
Share