DFPI Empowered To Stop Actions That Are Not Ongoing

"Eppure non si muove"

A New GC For The DFPI

Last Friday, California Governor Gavin Newsom announced the appointment of Avyark “Avy” Mallik as General Counsel at the California Department of Financial Protection and Innovation.    Most recently, Mr. Mallik served as Director of Fintech Policy...

If Conduct Is Not Continuing, Can It Be Discontinued?

The Commissioner of the Department of Financial Protection & Innovation is vested with broad statutory authority to issue orders directing the discontinuance of violations or that a person "desist and refrain" from specified conduct.  Cal. Corp....

Registered In-House Counsel Is Not An Option For The Government

Last month, Governor Gavin Newsom announced the appointment of a general counsel for the Department of Financial Protection & Innovation.  The appointee, a graduate of Georgetown University Law Center, had previously served as a Senior Attorney for...

The Family Farm Inspires Nostalgia But Is Not Easily Defined

An idealized vision of the family farm holds a special place in the psyche of the American people.  But what exactly constitutes a "family farm"?  That is one of the definitional challenges that the Department of Financial Protection and Innovation...

DFPI Proposes Rules For Commercial Financial Products And Services

In 2020, California enacted the California Consumer Financial Protection Law, Cal. Fin. Code § 90000 et seq.  The CCFPL authorizes the Department of Financial Protection & Innovation to define unfair, deceptive, and abusive acts and practices in...

California Fingers Digital Financial Asset Businesses For Licensing

Last week, Assembly Member Grayson gutted and amended AB 2269 so as to create a "Digital Financial Assets Law".   This law would require persons engaging in digital financial asset business activity to be licensed or registered with the California...

OAL Approves DFPI Commercial Financing Disclosure Rules - But Who Got Stuck With The Check?

Yesterday, the California Office of Administrative Law approved the Department of Financial Protection and Innovation’s (DFPI) proposed commercial financing disclosure regulations.  The DFPI adopted these regulations pursuant to SB 1235 (Glazer),...

OAL May Soon Decide Fate Of California's Proposed Commercial Financing Rules

In September 2018, then Governor Jerry Brown signed SB 1235 into law.  SB 1235 added a new division to the Financial Code imposing specific loan disclosure requirements on providers of commercial financings.  These disclosures include:

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