DFPI Monthly Bulletin - May 2025

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May 2025

Volume 12, No. 10

For the full version of this newsletter, visit our website.

Chief Deputy Commissioner Appointed

Suzanne_Martindale

On Apr. 25, Governor Newsom appointed Suzanne Martindale as DFPI's Chief Deputy Commissioner, where she has served as Senior Deputy Commissioner of Consumer Financial Protection since 2021. On Apr. 29, Martindale was sworn in by Commissioner Mohseni.  

CONTENTS

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Advisory to Small Businesses: Speak Up About Merchant Cash Advances

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Are you a business owner who might’ve been misled or kept in the dark about the terms of a merchant cash advance (MCA) or other commercial financing product? If you’ve experienced deception, abuse, or unfair treatment through a MCA or similar product, we want to hear from you. Read our Consumer Alert.

CA Financing Law Licensee

Notice of Registration Exemption for Education Financing or Income-based Advances

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Effective February 15, 2025, no person shall engage in the business of offering or providing education financing or income-based advances without registration under the California Consumer Financial Protection Law (CCFPL).

For CFL licensees that offer or provide one or both subject products mentioned under the CFL license, the Department kindly requests that you provide this notice no later than June 2, 2025. More.

Notice of Proposed Rulemaking – Money Transmission Act / Digital Financial Assets Law

On April 4, the Commissioner published a Notice of Proposed Rulemaking under the Money Transmission Act / Digital Financial Assets Law. 

The Commissioner invites interested parties to submit comments by May 19, 2025. More. 

Rulemaking

Debt Collection News

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Debt Collection Advisory Committee

The committee was set up to provide critical feedback to the Department as it stands up its debt collection licensing program. The diverse group includes a consumer advocate and representatives from the debt collection, debt-buying, third-party collection, and collection law industries. See the new members.

Broker-Dealer and Investment Adviser (BDIA) Division Updates

The Broker-Dealer / Investment Adviser (BDIA) Division is conducting annual online examinations for certain registered Investment Advisers. If selected, the advisory firm is required to complete and submit the online examination by May 16, 2025.

BDIA Investment Adviser Representative Continuing Education (IAR CE) – FinPro account set up

 The continuing education (CE) requirement for investment adviser representatives (IARs) of both state-registered and SEC-registered investment advisers became effective in California in 2024. The IAR CE regulation requires that IARs complete twelve credits of continuing education annually, with six credits focused on Products and Practice and six credits focused on Ethics and Professional Responsibility. More.

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Older Adult Scam Alert Campaign

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For Fraud Prevention Month, we partnered with the California Department of Aging on an older adult scam alert statewide campaign. The campaign introduced co-branded social media posts and a downloadable one-page fact sheet that was shared at community events throughout California. The fact sheet is also available in multiple language translations.  

Vanguard Multi-State Settlement

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We joined 49 states and the U.S. Virgin Islands, Puerto Rico, and Guam in a $106 million settlement with Vanguard Marketing Corp. and The Vanguard Group, Inc. for failing to supervise certain registered persons and disclose potential tax consequences to investors. More.

 

DFPI Protections for Small Businesses Upheld by Ninth Circuit Court of Appeals

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We announced a big win for small businesses! On April 15, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of DFPI’s protections for small businesses. The ruling requires finance lenders and brokers to disclose key financing terms to small businesses to help them choose financing that provides the best value for their needs. More.

 

DFPI Seeks Answers from the CFPB over Prehired Restitution Delays

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We announced a big win for small businesses! On April 15, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of DFPI’s protections for small businesses. The ruling requires finance lenders and brokers to disclose key financing terms to small businesses to help them choose financing that provides the best value for their needs. More.

 

Crypto Investment Imposter Posing as DFPI

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We posted a scam alert concerning a crypto investment scammer claiming to be from “CDFI,” using deceptive email addresses to closely mimic the DFPI. The imposter is offering fraudulent crypto mining and investments, demanding upfront fees

GS Partners Investor Refund Video

Alert

We posted a video alert on our YouTube and social media channels informing GS Partners investors to file their refund claims by May 22, 2025.  

 

2024 Report of Nonsufficient Funds and Overdraft Fee Income Now Available

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DFPI has published the report of the revenue state-chartered banks and credit unions received from fees on nonsufficient funds and overdraft charges during calendar year 2024 on its website here. The report is required by Financial Code section 521.

For more information, please refer to the FAQs.

Industry News

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CFPB Announcement Regarding Enforcement Actions Related to Buy Now, Pay Later Loans

The Consumer Financial Protection Bureau announced recently that it will not prioritize enforcement actions taken on the basis of the Truth in Lending (Regulation Z); Use of Digital User Accounts to Access Buy Now, Pay Later Loans, 89 Fed. Reg. 47,068 (May 31, 2024) (“Buy Now, Pay Later”). The Bureau will instead keep its enforcement and supervision resources focused on pressing threats to consumers, particularly servicemen and veterans. The Bureau takes this step in the interest of focusing resources on supporting hard-working American taxpayers, servicemen, veterans, and small businesses. The Bureau is further contemplating taking appropriate action to rescind Buy Now, Pay Later.

FTC Rule on Unfair or Deceptive Fees to Take Effect on May 12, 2025

Staff of the Federal Trade Commission published Frequently Asked Questions (FAQs) designed to provide consumers and businesses with information regarding the agency’s Rule on Unfair or Deceptive Fees, which takes effect on May 12, 2025. More.


FINRA Announces New “FINRA Forward” Initiatives to Support Members, Markets and Investors

FINRA announced recently the launch of FINRA Forward, a series of initiatives to improve its effectiveness and efficiency in pursuing its mission. The three FINRA Forward initiatives are modernizing FINRA rules, empowering member firm compliance, and combating cybersecurity and fraud risks. More.

Upcoming Consumer Education Event

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Each month we educate consumers through community events and a monthly webinar.

Public Service Loan Forgiveness (PSLF) webinar

June 3, 12 – 1:30 p.m. | Virtual

Join nationally recognized student loan expert Betsy Mayotte from The Institute of Student Loan Advisors (TISLA) and Celina Damian, DFPI’s Student Loan Servicing Ombudsperson, to learn how government and nonprofit employees can maximize the benefits of PSLF with step-by-step instructions on how to qualify.

license activity

In April, several financial institutions underwent regulatory activity in California. See the links below for more information.