The Consumer Financial Protection Bureau (CFPB) has filed a lawsuit against SoLo Funds, a fintech company specializing in peer-to-peer lending. The CFPB accuses the company of employing “digital dark patterns” to mislead borrowers and illegally extracting fees, despite advertising a fee-free service.
Allegations of Deceptive Practices
In a press release on May 17, CFPB Director Rohit Chopra stated, “The CFPB is suing SoLo for using digital trickery to hide interest and fees on its online loans. SoLo has had repeated run-ins with state regulators, and we are putting a stop to their fake tipping scheme.”
The CFPB’s lawsuit details several allegations against SoLo Funds:
- Misrepresentation of Loan Costs: The company is accused of obscuring the true cost of loans, making it difficult for consumers to understand the financial commitments they were making.
- Illegal Fee Collection: Despite advertising no fees, SoLo allegedly took fees from borrowers under the guise of tips and donations.
- False Credit Reporting Threats: SoLo is charged with making unfounded threats related to credit reporting to coerce payments.
- Lack of Safeguards: The CFPB claims that SoLo’s business model lacks necessary consumer protection measures.
The CFPB contends that these practices not only deceived consumers but also contravened federal consumer financial laws.
Breakdown of Allegations Against SoLo Funds
| Allegation | Description |
|---|---|
| Misrepresentation of Loan Costs | Obscuring true loan costs, interfering with consumers’ understanding of agreements. |
| Illegal Fee Collection | Collecting fees despite advertising no fees, through lender ‘tips’ and SoLo ‘donations.’ |
| False Credit Reporting Threats | Making baseless threats related to credit reporting to compel payments. |
| Lack of Consumer Safeguards | Operating without adequate measures to protect consumers from predatory practices. |
Background and Growth of SoLo Funds
SoLo Funds was founded in 2018 by Rodney Williams and Travis Holoway, with a mission to provide financial services to underserved Americans who are frequently targeted by predatory lenders. The company’s innovative approach aimed to create a peer-to-peer lending platform where users could borrow money from each other.
SoLo Funds has garnered significant financial backing, raising approximately $13 million in venture funding. Notable investors include Serena Ventures, founded by tennis star Serena Williams, Endeavor Catalyst, Alumni Ventures, and Techstars. In 2021, TechCrunch highlighted SoLo Funds when it secured $10 million in Series A funding. The platform has seen considerable growth, claiming to have reached one million registered users and over 1.3 million downloads by 2023.
Recent Legal Challenges
The CFPB lawsuit is the latest in a series of legal troubles for SoLo Funds. The company settled multiple lawsuits last year with the District of Columbia and the State of California, addressing accusations of predatory lending practices. Additionally, the Connecticut Department of Banking issued a temporary cease-and-desist order against SoLo in 2022.
In December 2023, the company faced scrutiny from the State of Maryland, adding to its ongoing regulatory challenges.
SoLo Funds’ Response to the Lawsuit
In a statement to TechCrunch, SoLo Funds asserted that it had been working cooperatively with the CFPB for the past 18 months to establish a regulatory framework. The company claimed that an agreement had been reached on May 16, only to be “blindsided” by the lawsuit the following morning.
CEO Travis Holoway expressed his frustration, stating, “Minority innovators were challenged to create new models to address our communities’ financial inequalities. Now that we are doing that, the regulators seem driven by press releases when they should be motivated by true consumer protection and empowering equitable solutions.”
CFPB’s Objectives in the Lawsuit
The CFPB aims to rectify SoLo Funds’ practices and secure refunds for affected customers. The bureau is seeking several remedies, including:
- Preventing Future Violations: Ensuring that SoLo Funds implements compliant business practices.
- Monetary Relief: Providing financial restitution to consumers harmed by SoLo’s practices.
- Disgorgement of Gains: Requiring SoLo to return any ill-gotten gains.
- Civil Penalties: Imposing additional fines to deter future violations.
The lawsuit seeks to hold SoLo Funds accountable and establish a precedent for other fintech companies, emphasizing the importance of transparent and fair lending practices.
Key Takeaways
- The CFPB is suing SoLo Funds for allegedly using deceptive digital practices to mislead borrowers.
- SoLo is accused of misrepresenting loan costs, illegally collecting fees, and making false credit threats.
- The company has faced multiple legal challenges and settlements with various state regulators.
- SoLo Funds claims it was working towards regulatory compliance and was surprised by the lawsuit.
- The CFPB aims to enforce consumer protection laws, secure refunds for customers, and impose financial penalties on SoLo Funds.
This legal action by the CFPB underscores the regulatory scrutiny faced by fintech companies and highlights the ongoing efforts to protect consumers from deceptive financial practices.
Leave a Reply