ANNUAL REPORT 2014 PRESIDENT’S MESSAGE LISA MCGREEVY OLA President & CEO While 2014 was challenging at times, together we not only persevered, we thrived. We started the year in the midst of a battle to fight back against Operation Choke Point. Thanks to the efforts of our lobbying teams, we were able to educate Members of Congress on the repercussions of Operation Choke Point. As a result, we saw two important pieces of legislation addressing the initiative: letters from Members of Congress sent to federal regulators, and a hardhitting committee report examining the actions of the agencies involved. In 2014 we also started a new conversation with regulators about how we can work together to bring innovative credit options to the nation’s consumers. Through regular meetings with the Consumer Finance Protection Bureau (CFPB) and the Federal Trade Commission (FTC), we were successful in establishing cooperation and open dialogue between the industry and its regulators. The year was also a time for coming together. In October, consumer and small business lenders joined forces in New Orleans for LEND360. This conference demonstrated that collaboration can occur in the online lending space, and there is much to be learned from one another. The dialogue we started at LEND360 will continue to influence and inform our efforts in 2015. New opportunities await us in 2015. With payments legislation on the horizon in the new Congress and with the expectation of the CFPB’s rule on small dollar credit, we are confident 2015 will be a year of growth and change for the industry. Thank you for your support in 2014. We know it wasn’t always easy, but together we have proven we can overcome any challenge that comes our way. Looking forward to the best year yet! q TABLE OF CONTENTS w e r y Highlights of 2014 Looking Back: 2014 A Year in Review Our Industry Goal 1: Keep Our Industry Safe Capitol Hill Activities State Legislative Activities Federal Regulatory Activities s Goal 2: Increase the Legitimacy of our Industry Look for the OLA Seal Media Goal 3: Organize Meaningful Events that Spur Conversation in the Industry Goal 4: Support Our Champions f h OLA BOARD OF DIRECTORS MARK CURRY MacFarlane Group DAVID JOHNSON Strategic Link Consulting KEN REES Elevate JOHN DALTON LeadFlash GLENN MCKAY Selling Source, LLC WALT WOJCIECHOWSKI MicroBilt Corporation WILLIE DUGAN The Lead Group BART MILLER Centrinex MARY JACKSON Enova Financial JOSH MITCHEM Mitchem Companies OLA Annual Report 2014 Special thank you to our Board of Directors for their continued support and guidance HIGHLIGHTS OF 2014 JANUARY OLA met with the Consumer Finance Protection Bureau (CFPB) to establish dialogue between the industry and its regulators MARCH Senate Banking Subcommittee on Financial Institutions and Consumer Protection hearing on the need for a federal charter Op-ed by Lisa McGreevy published in American Banker MAY OLA met with consumer groups on OLA’s efforts to combat fraud in the industry JULY House Financial Services Subcommittee on Oversight and Investigations hearing on Operation Choke Point OLA Compliance University SEPTEMBER OLA’s Lisa McGreevy named one of six women of alternative finance by Daily Funder NOVEMBER Election Day brings shift of power in U.S. Senate OLA launched “Look for the Seal” campaign FEBRUARY OLA/Bretton Woods study released on online lending market APRIL OLA Spring Summit JUNE H.R. 4986 “End Operation Choke Point Act” introduced by Congressman Blaine Luetkemeyer (R-Mo.) AUGUST Cheklist Magazine published a piece on OLA called, “Examining the Future of Online Lending” OCTOBER Consumer and small business lending industry leaders gather in New Orleans for LEND360 DECEMBER OLA launched consumer outreach initiative campaign aimed at informing online loan customers to look for the OLA seal Op-ed by Lisa McGreevy published in The Hill e LOOKING BACK: 2014 A YEAR IN REVIEW OUR STRATEGIC GOALS The three P’s—Payments, Perseverance and Permanency—characterized our efforts and influenced our strategic goals in 2014. With the launch of Operation Choke Point in 2013, it was all-hands on deck in 2014 to combat the effects of the invasive initiative. Through our efforts, Congress became fully engaged, asking questions and demanding answers from the FDIC, OCC and Justice Department. This led to lenders finding new bank relationships and payment processing partners. We set three main goals in 2014: Goal 1: Keep Our Industry Safe • Protect the industry from legislative and regulatory interference at the state and federal levels • Calm the regulatory space • Explore additional payment opportunities Goal 2: Drive the Legitimacy of Our Industry • Effective communications external and internal • Grow sphere of influence • New attendees • New lending verticals OLA Annual Report 2014 Goal 3: Organize Meaningful Events that Spur Conversation in the Industry OUR INDUSTRY OUR MEMBERS 11 NEW 93 MEMBERS While OLA experienced a significant drop in membership due to Operation Choke Point, we were able to add 11 new companies to our member roster. ONLINE SHORT-TERM LENDING STATISTICAL ANALYSIS REPORT In February 2014, OLA partnered with Bretton Woods, Inc. to conduct the first and largest to date analysis of customer and loan characteristics. The study looked at 60 million applications and 9 million loan records over a four year period (2009-2012) from three specialty credit bureaus. This data was augmented with 1.6 million loan records from four loan portfolios provided by three lenders. The study was intended to help inform the public policy debate, help members better understand customer demographics and loan characteristics, and establish a baseline from which the annual report is conducted. Three overall conclusions were drawn from the study: 1. A significant percentage of customers pay their loans as required 2. Traditional two week loans fit into a continuum of credit services and can be less costly to borrowers than overdraft charges. 3. There is movement from the traditional 2 week “payday” product to installment loans (three to 12 months terms). OLA members are moving almost exclusively to longer term, more flexible loan products as a direct result of customer feedback and need. THE MARKET The study found that the unsecured consumer credit continuum was $70.5 billion. Product Volume (2012) Growth (2012-13) Overdraft Protection (Underserved) $8.3 B 83.10% -1.50% Payday Loan (Storefront) $30.1 B 16.00% -2.30% Payday Loan (Internet) $18.6 B 23.00% 9.10% Deposit Advance $4.3 B 9.30% Discontinued Installment Loan $9.5 B 45.00% 4.00% t THE CUSTOMER The study found that the average customer is 39 years old with a median income of $30,000. $35,000 $33,263 $30,000 $25,000 $30,000 $26,167 $25,622 $22,476 $21,600 $20,000 $15,000 $10,000 $5,000 $0 Mean Median Bureau A Bureau B Bureau C THE LOAN The study found: • Average loan: $388 • Range: $300-500 • Annually, most customers took out two to four loans, with 30 percent of borrowers only taking out one loan each year • Number of days customers were indebted ranged from 70 to 106 days • 71 percent of the loans borrowed were reported as paid • 72 percent of loans had no delinquency flags • 89 percent had no charge-off flags Most of the applications for loans came from the states below: % Bureau B % Texas 12.32% Texas 21.53% California 10.40 California 10.65 Florida 7.50 Florida 6.93 Ohio 5.34 Pennsylvania 3.78 New York 4.67 Ohio 3.63 Illinois 3.86 Illinois 3.60 North Carolina 3.77 Louisiana 3.60 New Jersey 2.74 Alabama 3.25 Virginia 2.66 Missouri 2.85 Tennessee 2.58 New York 2.77 Top 10 55.84% Top 10 62.59% OLA Annual Report 2014 Bureau A GOAL 1: KEEP OUR INDUSTRY SAFE AMPLIFYING OUR VOICE IN THE HALLS OF CONGRESS By working closely with our champions in Congress, OLA was successful in mitigating the impact of Operation Choke Point and beating back the tide of government overreach. Letters of Support from Congress Over 60 members of the House and Senate have signed letters expressing concern with Operation Choke Point to agencies including: • Department of Justice • Federal Deposit Insurance Corporation • Office of the Comptroller of the Currency • Federal Reserve Bank Congressman Blaine Luetkemeyer (R-Mo.) and over 30 other Members of Congress issued a letter on October 16 to the Offices of the Inspectors General of the Department of Justice (DOJ) and the Federal Deposit Insurance Corporation (FDIC), requesting that the staff responsible for Operation Choke Point be investigated for their role in shutting out legal businesses. The letter also laid out the case for abuse of executive authority. Reports on Operation Choke Point Congressman Darrell Issa (R-Calif.), chairman of the Oversight and Government Reform Committee, released a report on May 29, 2014, concluding that Operation Choke Point was created by the DOJ to “choke out” companies that the Obama administration considers a “high risk” or otherwise objectionable, despite the fact that they are legal businesses. On December 8, 2014, the House Oversight and Government Reform Committee released a new report, “Federal Deposit Insurance Corporation’s (FDIC) Involvement in ‘Operation Choke Point’,” detailing the agency’s close relationship with the DOJ to target legal businesses the administration deemed morally objectionable. The report revealed that the DOJ actively partnered with the FDIC in the prosecution of Choke Point. According to the report, the FDIC originated the list of “high risk” industries included in the DOJ subpoenas, and senior officials at the FDIC opposed certain industries on purely moral grounds. Legislative Efforts H.R. 4986, “End Operation Choke Point Act” The “End Operation Choke Point Act,” was introduced by Congressman Blaine Luetkemeyer on June 26. If passed, the legislation would create a safe harbor for banks that provide banking services for businesses that operate legally in the U.S. The legislation also assures small businesses, operating responsibly and within the bounds of the law, access to the U.S. banking and payments systems. Additionally, the legislation guarantees that consumers will continue to have access to legitimate businesses that they rely on for many services. A hearing on the bill was held on July 15. Fourteen bipartisan co-sponsors signed on to support the legislation. H.R. 1566, “Consumer Credit Access, Innovation and Modernization Act” The “Consumer Credit Access, Innovation and Modernization Act” was sponsored by Congressman Luetkemeyer on April 15, 2013. If passed, the legislation would create a federal charter for nonbank lenders ensuring that consumers have access to new and innovative financial products. A March 26 hearing was held on the bill. Eighteen bipartisan co-sponsors signed on to support the legislation. u CAPITOL HILL ACTIVITIES o Richard J. Osterman, acting general counsel, Federal Deposit Insurance Corporation March 26: Senate Banking Subcommittee on Financial Institutions and Consumer Protection Hearing entitled, “Are Alternative Financial Products Serving Consumers?” • Industry witnesses included: o Stephanie Klein, Director, NetCredit Consumer Lending, Enova International o Michael Flores, CEO, Bretton Woods, Inc. April 8: House Financial Services Committee • Hearing entitled, “Who’s in Your Wallet: Examining How Washington Red Tape Impairs Economic Freedom.” • Eight Republican members and five Democratic members asked questions regarding Operation Choke Point, despite the hearing being more broadly focused on regulatory reform. July 15: House Financial Services Subcommittee on Oversight and Investigations • Hearing entitled, “The Department of Justice’s Operation Choke Point.” • Witnesses included: o Stuart F. Delery, assistant attorney general, Department of Justice o Scott G. Alvarez, general counsel, Federal Reserve Board o Daniel P. Stipano, deputy chief counsel, Office of the Comptroller of the Currency • Richard Osterman of the FDIC, and Stuart Delery of the DOJ, gave conflicting accounts of which agency was driving Operation Choke Point. July 15: House Financial Services Subcommittee on Financial Institutions and Consumer Credit • Hearing entitled, “Examining Regulatory Relief Proposals for Community Financial Institutions, Part II.” • Hearing focused on H.R. 4986, “End Operation Choke Point Act.” • The legislation was reported favorably from the committee. July 17: House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law • Hearing entitled, “Guilty Until Proven Innocent? A Study of the Propriety & Legal Authority for the Justice Department’s Operation Choke Point.” • Every Republican member of the subcommittee attended the hearing. • Two Democrats attended. OLA Annual Report 2014 • STATE LEGISLATIVE ACTIVITIES California: The OLA state team’s efforts in California were mainly centered around taking proactive steps to close the lending gap between the current $255 payday loan and $2,500 installment loan, while ensuring that no further erosion of the current statute occurred. In this effort, the industry went on the offensive with S.B. 1280. The legislation would have required the commissioner of the Department of Business Oversight to establish a licensure program with fair rate of return for unsecured consumer loans. The legislation passed the Senate Financial Institutions Committee unanimously, but did not make it through the senate. Missouri: S.B. 694 passed both chambers of the Missouri state legislature before being vetoed by Gov. Jay Nixon in July. S.B. 694 would have modified the law as it relates to payday loans. This bill would not have directly impacted OLA members. OLA also worked with Rep. Tony Dugger (R-141) to file H.B. 2130, which would have defined “open-end credit.” The bill passed the Missouri House, but was not pursued in the state Senate because of the elimination of the ballot threat. Rhode Island: The OLA state team was on the defense in Rhode Island as a bill was introduced that would have put the industry out of business in the state. H 7285, or the “Payday Reform Bill,” was held in the House as the Finance Committee recommended that the measure undergo further study. o BUILDING SUPPORT IN THE STATES State Summit The OLA State team hosted its first State Summit in Washington, D.C. in conjunction with OLA’s Compliance University. More than 30 attendees heard from the state team on the growing importance of state laws in the industry, and the plan of attack for 2014 and 2015. Attorneys General This year the Attorney General Outreach Program focused on three priorities: 1. Education on the effects of Operation Choke Point 2. Proactive industry efforts on the Federal Charter 3. Continued education to prevent multi-state actions (in particular given the Western Sky cases) RAGA Capital Markets Roundtable Republican Attorneys General Association (RAGA) hosted its first Capital Markets Roundtable in New York City in September. While at the event, the OLA state team met with several stakeholders, including the Community Financial Services Association (CFSA), Advance America and Community Choice Financial. The state team talked with Advance America and CFSA regarding its joint lawsuit challenging the processes in which federal agencies executed Operation Choke Point. NAAG Consumer Protection The state team attended the National Association of Attorneys General (NAAG) Consumer Protection Seminar in Rhode Island in October. The conference brought together staff from nearly all 50 states. Operation Choke Point was a topic of discussion during a panel on third party payment processing. The panel also discussed the proactive efforts being taken by processors to eliminate fraud while still doing business. STATE REGULATORY ACTIVITIES The proposal was first shared with the Washington state regulators. This year, a rule was promulgated from the proposal, and the nation’s first lead generation registration rule was implemented in the state. The state team will be working with the regulators in the other states to expand these rules to those areas. The state team also met with several state commissioners and held a meeting with the leadership of the state regulators association, in our effort to grow our relationships in the states as licensing becomes even more important. OLA Annual Report 2014 The OLA state team formed the Lead Generator Working Group to draft a registration proposal to take to state regulators in states, such as Washington, California, Illinois and South Carolina, which were aggressively working to license lead generators. FEDERAL REGULATORY ACTIVITIES OLA kicked off the year by starting a new conversation with regulators. The goal was to establish a mutual cooperation and open idea sharing dialogue between the industry and its regulators. OLA established regular meetings with the Consumer Finance Protection Bureau (CFPB), meeting every six weeks. OLA also met regularly with the Federal Trade Commission (FTC), looking for ways to work together to combat fraud in the industry. In order to open up the dialogue between the CFPB and the industry, OLA offered the suggestion of organizing a roundtable with industry leaders and the CFPB. In addition to OLA’s efforts to work with regulators, the team also reached out to consumer groups to continue this new conversation. In February, OLA kicked off its outreach efforts by meeting with Pew Charitable Trusts, Center for American Progress, Consumer Federation of America and the National Consumer Law Center. NACHA Return Rate Thresholds NACHA proposed several amendments to its rules regarding unauthorized, administrative and other returns, including non-sufficient funds fees. In response to the proposed amendments, OLA met with NACHA, and organized a coalition to file a comment letter in early January 2014. BUILDING RELATIONSHIPS The year was focused on building better relationships. Between regular meetings with regulators, OLA invited representatives from the CFPB and FTC to speak at OLA conferences and events. Reilly Dolan, assistant director of the Division of Financial Practices at the FTC, addressed OLA members at a board meeting in February and also at Compliance University in July. Attendees of the OLA Spring Summit also heard from Nikhil Singhvi, an attorney with the FTC’s Consumer Protection a Bureau. In addition to Singhvi, Corey Stone, assistant director of the Office of Deposits, Cash, Collections, and Reporting Markets at the CFPB, also spoke at the conference. Building Relationships with Banks OLA also worked with its members to better establish relationships with banks. In order to achieve this goal, OLA designed a PowerPoint program to help educate OLA member companies on how to better establish and maintain relationships with banks. OLA also worked very closely with banks and payment processors in 2014 to successfully defend them in 12 class action lawsuits stemming from Operation Choke Point. DATA ISSUES OLA and its members submitted 179 fraud reports to the FTC. OLA also released a press statement in July applauding the FTC’s actions against Williams Scott & Associates, LLC, a debt collector that was attempting to collect debts from consumers that did not owe money. OLA released a press statement in September praising the CFPB and FTC’s actions against a group of 16 lenders accused of funding loans that consumers never approved, and making unauthorized debits from their bank accounts. FTC’s Reilly Dolan addressing attendees at OLA Compliance University OLA Annual Report 2014 DoD Military Lending Act OLA issued a comment letter in December in response to amendments proposed by the Department of Defense (DoD) to the Military Lending Act. In the letter, OLA suggested DoD await further clarification from Congress before expanding the definition of consumer credit to include products like installment loans. GOAL 2: INCREASE THE LEGITIMACY OF OUR INDUSTRY Look for the OLA Seal Campaign OLA launched its “Look for the OLA Seal” initiative aimed at educating potential customers on the importance of choosing an online lender committed to protecting consumers from fraud. The OLA seal can only be displayed by OLA members, who are required to comply with the OLA Best Practices. When clicked, the seal is designed to redirect visitors to the OLA website, where they can read more about our commitment to consumers, and obtain important information such as consumer resources, tips and a copy of the Best Practices. Phase 1, which launched on November 11, aimed to inform OLA members about the effort, and give companies the opportunity to get the embedded seal added to their websites. Currently, over 75 percent of OLA member companies are displaying the seal. The consumer outreach phase of the initiative launched on December 8, The educational effort, which included digital advertising and outreach to consumers applying for loans, was designed to take the guessing game out of choosing a trustworthy lender. Our advertising efforts, which included both banner and video ads, were targeted at states with the most loan customers: Texas, California, Ohio, Florida, Illinois and New Jersey. We also launched ads in Washington, D.C. publications, in an effort to keep regulators and opinion leaders informed about our initiative. Within the first month, the video ad had received over 360,000 completed views, while the banner ads had been seen over 3 million times. In addition to our advertising efforts, we also reached out to consumer groups, to inform them about our initiative. These groups included, the Center for American Progress, Consumer Federation of America, Consumer Financial Protection Bureau, National Consumer Law Center and Pew Charitable Trusts. An op-ed written by Lisa McGreevy appeared in The Hill on Thursday, Dec. 11. The op-ed, entitled, “Helping Consumers Choose an Online Lender They Can Trust,” informed readers about the campaign and OLA’s ongoing commitment to stopping fraud in the industry. Additionally, OLA and its members funded a mystery shopper to ensure that all companies, not just OLA members, are treating customers appropriately. All instances of fraud detected through this ongoing effort will be reported to the appropriate regulatory and enforcement agencies. OLA issued cease and desist letters to any company found in violation of the OLA Best Practices. OLA members and consumers alike were also asked to continue policing and reporting to OLA any websites they suspect are engaging in fraudulent behavior. d OP-EDS: “Helping Consumers Choose an Online Lender They Can Trust” Op-ed by Lisa McGreevy, The Hill “New Conversation Needed on Consumer Credit” Op-ed by Lisa McGreevy, American Banker “Examining the Future of Online Lending” Op-ed by Lisa McGreevy, Cheklist Magazine PRESS STATEMENTS: OLA Statement on OGR Report on FDIC and Operation Choke Point New Campaign Will Help Consumers Borrow Online with Confidence Statement on Pew Charitable Trusts’ Online Lending Study Online Lenders Alliance Applauds FTC Action Against Fraudulent Debt Collectors Online Lenders Alliance Praises FTC Action Against Lenders That Intentionally Defrauded Consumers “U.S. Shuts Down Two Online Lenders” The Wall Street Journal “Online lenders that defraud consumers should be prosecuted and put out of business,” said Lisa McGreevy, chief executive of the Online Lenders Alliance. OTHER: “Six Women of Alternative Finance” Daily Funder OLA Annual Report 2014 GOAL 3: ORGANIZE MEANINGFUL EVENTS THAT SPUR CONVERSATION IN THE INDUSTRY g Spring Summit Nearly 230 attendees, including 195 OLA members and 32 non-members, made their way to the Renaissance Hotel in Washington, D.C. for Spring Summit, April 30–May 1. While in Washington, attendees heard from Rep. Luetkemeyer and Sen. Pat Toomey (R-Pa.), and learned more about the happenings on Capitol Hill and in the halls of their state legislatures. Attendees also made their way to Capitol Hill to advocate for our industry at more than 60 meetings with their elected officials in the House and Senate. Attendees also heard from representatives from the FTC and CFPB. OLA Compliance University Compliance officers and legal counsels gathered for the third annual OLA Compliance University event, July 29–30 in Washington, D.C. The event was focused on ensuring that member companies were up to speed on the latest regulatory and compliance issues. This annual event is designed to focus on the culture of compliance, what it means and how it should be implemented. It also serves as a networking opportunity for industry professionals and attendees, and a chance to hear first-hand from regulatory agencies. At this year’s event, April Breslaw, deputy assistant director of supervision at the CFPB and Reilly Dolan, assistant director of the Division of Financial Practices at the FTC, briefed attendees on their receptive agencies’ activities and their impact on the industry. The event helped equip attendees with the knowledge on how to proceed should their company receive a letter from the CFPB, and what to expect from an examination. The program also featured a workshop on sovereign nation lending. Each participant of Compliance University received a certificate of completion for attending. LEND360 We set out to do something unique and new by bringing together consumer and small business lenders for LEND360, Oct. 14–17 at the Sheraton in New Orleans. LEND360 demonstrated that synergy can occur in the online lending space, and discussed best practices to ensure the longevity of our industry. The conference brought together close to 500 attendees, who heard from industry leaders in small business, consumer and marketplace lending. This year was the first year the event was expanded to include attendees from industries outside of consumer lending, and approximately 15 percent of attendees hailed from the small business and merchant cash advance industry. OLA Annual Report 2014 In addition to speeches from industry leaders on the future of online lending, attendees also had the opportunity to hear from Louisiana Governor Bobby Jindal (R), Senator David Vitter (R-La.) and Congressman Sean Duffy (R-Wis.) on such topics as Operation Choke Point and their thoughts on the 2014 election and the possibilities of the new Congress. Felix Lipov / Shutterstock.com GOAL 4: MAKE OUR MARK THROUGH POLITICAL ACTION j OLA POLITICAL ACTION COMMITTEE The OLA-PAC is the political action committee for the Online Lenders Alliance. The goal of the OLA-PAC is to provide support to candidates at the federal and state level that are committed to free enterprise, open and competitive markets and our industry. Total Overall Giving: $409,975 Federal vs State Federal: $295,100 State: $114,875 Democrat vs Republican Democrat: $98,900 Republican: $311,075 FEDERAL House vs Senate House: $166,700 Senate: $128,400 Democrat vs Republican Democrat: $61,000 Republican: $234,100 STATE Legislature vs Attorney General Legislature: $10,000 Attorney General: $104,875 Democrat vs Republican Democrat: $37,900 OLA Annual Report 2014 Republican: $76,975 A SPECIAL THANKS TO OUR SPONSORS P.O. BOX 320130 ALEXANDRIA, VA 22320 703.567.0327 WWW.OLADC.ORG
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