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US CFPB sues SoLo Funds for allegedly “deceiving borrowers about the total cost of loans”

Overview:

  • Entity Involved: US Consumer Financial Protection Bureau (CFPB).
  • Target: SoLo Funds, a peer-to-peer (P2P) lending platform.
  • Allegation: Deceiving borrowers about the total cost of loans.

Key Allegations:

  • Misleading Advertising: Claimed zero-cost loans but used digital dark patterns leading almost every borrower to pay at least one fee.
  • Fee Structure: Marketed fees as “tips” and “donations” but failed to offer a zero-fee option.
  • Loan Funding Bias: Loans were less likely to be funded if borrowers did not pay a fee to lenders; only 0.5% of loans did not include a fee.
  • False Threats and Collections: Accused of making false threats and collecting money not owed by consumers.
  • Social Credit Score: Created a social credit score system without adequate safeguards.

CFPB Actions Sought:

  • Injunctions: To prevent future violations.
  • Monetary Relief: For affected borrowers.
  • Forfeiture: Of ill-gotten gains.
  • Civil Penalty: Monetary penalty against SoLo Funds.

Statements:

  • CFPB: Rohit Chopra, CFPB director, criticized SoLo for using digital tricks to obscure fees and interest, describing the scheme as deceptive.
  • SoLo Funds: Claims to have been “blindsided” by the lawsuit, having worked with the CFPB on a regulatory framework for 18 months. CEO Travis Holoway accused regulators of being driven by publicity rather than genuine consumer protection.

Background:

  • Operation Since: 2018.
  • Platform Function: Brokers short-term personal loans between users.

Current Status:

  • CFPB Lawsuit: Announced seeking various legal and financial remedies against SoLo Funds.

SoLo Funds Response:

  • Surprise: Claimed unexpected nature of the lawsuit.
  • Cooperation Claim: Asserted ongoing voluntary collaboration with the CFPB for regulatory compliance.

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