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Enova: Record Q4 originations with little competition in sight
Enova originated $1.1B in small busines loans in Q4 2024. And it’s a wide open market, according to the company. “We’ve not seen kind of a sustained competitive push on either the consumer or small business side in a very, very long time,” said Enova CEO David Fisher during the quarterly earnings call. “And again, I think evidenced by our ability to take really significant volume in Q4 shows that to be the case.”
Fisher added that “you do see people kind of poking in and out” of the market “but they tend to be small and they tend to be fleeting.”
The economy is also playing into their success.
“On the small business side, I would say if anything, we feel better about the health of small businesses across the country,” Fisher said. “I think they’ve had one more year to build strength, kind of following the pandemic and following the high inflationary years of 2022, early 2023. And so we’re feeling also very good about the general health of small businesses.”
Fisher cited a joint report it prepared with Ocrolus this past November in which a survey found “that small businesses feel increasingly optimistic about future growth as over 90% of small business owners are expecting moderate to significant growth over the next six months.” It also showed “a meaningful shift in where small businesses are first seeking capital as nearly 75% of small business owners reported bypassing traditional banks in favor of alternative lenders like Enova.”
Charge-offs have been on a downward trend for Enova as well and the company feels good about how diversified its portfolio is.
View PostPayPal: Our merchants grow after taking a business loan from us
PayPal is feeling optimistic about its business loan program now that it has been reset on a path toward growth. “As the business matures, PayPal Business Loan offers more traditional merchant financing to match the increasing complexity and multichannel nature of larger businesses,” said CEO Alex Chriss during the Q4 earnings call. “Our business financing solutions increase loyalty and engagement, driving the PayPal flywheel. Merchants typically increase their PayPal volume by 36% after adopting PayPal Working Capital and 16% after taking a PayPal Business Loan. Our merchant lending originations were $3 billion in ’24, demonstrating our leadership and that there’s plenty of room to grow to support our customers.”
PayPal offers this product in the US, Germany, France, the Netherlands, UK, and Australia.
“The PayPal Working Capital product allows businesses to access a loan or cash advance for a fixed fee, based on their annual payment volume processed by PayPal,” the company states. “The PayPal Business Loan product provides businesses with access to short-term financing for a fixed fee or interest based on an evaluation of the applying business as well as the business owner. In the U.S., these products are provided under a program agreement with an independent chartered financial institution.”
Between them, PayPal is one of the largest online business lenders in the US.
View PostActing Director of CFPB Orders Suspension of New Rule Effective Dates
Lenders with the highest volume of small business loans, MCAs, and other products were supposed to begin collecting data by July 18, 2025, according to the original rules set forth by the CFPB. But now that might come with yet another delay. That’s because the agency’s Director was removed this past weekend and the new recently confirmed Treasury Secretary, Scott Bessent, is standing in as Acting Director for the CFPB in a temporary dual role until a permanent Director can be confirmed.
As part of that responsibility, multiple news outlets have reported that Bessent’s first order of business at the CFPB was to freeze much of the CFPB’s operations which included suspending the effective dates of rules that haven’t gone into effect yet. It remains to be determined how that might precisely impact the small business lending data collection rules.
This freeze possibility was first raised on deBanked on January 23 in the wake of Trump’s regulation freeze executive order.
View PostAmerican Fintech Council (AFC) Welcomes Acting Director of the CFPB Scott Bessent and Doubles Down on its Commitment to Champion Earned Wage Access (EWA) Through Federal and State Advocacy
Washington, D.C. (February 3, 2025) – The American Fintech Council (AFC), the premier industry association representing responsible fintech companies, innovative banks, and the largest number of responsible Earned Wage Access (EWA) providers, is intensifying its efforts to ensure responsible EWA services remain accessible to American workers. Through federal engagement and testimony before eight state legislatures so far across the country, with two upcoming hearings in Nebraska and Utah, AFC is committed to supporting clear, pragmatic regulation for EWA to empower consumers and foster responsible innovation.
“Earned Wage Access is an essential financial tool for millions of American families, offering a safe and responsible alternative to the predatory credit products of the past,” said Phil Goldfeder, CEO of the American Fintech Council. “For generations, workers have been captive to an arbitrary pay period system that separates their work from their wages. EWA restores this connection, providing greater financial flexibility and stability for those who need it. AFC and responsible EWA providers are committed to establishing a regulatory framework that protects consumers and preserves access to EWA by recognizing that this product is not a loan, and should not be regulated as such.”
In a letter to Treasury Secretary Scott Bessent, who also serves as Acting Director of the Consumer Financial Protection Bureau (CFPB), AFC urged the pursuit of a formal rulemaking process that would allow consumers and industry participants to convey the nuances and benefits of responsible EWA products. AFC emphasized that responsible EWA providers offer a non-recourse, fee-transparent alternative to traditional credit products that helps workers access their earnings when needed, without late fees or penalties. AFC also highlighted the need for consistent federal regulation to address the patchwork of state laws that risk undermining the stability and availability of EWA services.
In a previous letter to the CFPB in February 2024, AFC asked for formal legislative rulemaking process, but the request went unheeded by then-Director Chopra. Instead, the CFPB issued a proposed informal interpretive rule, which discussed a novel and inaccurate interpretation of EWA and was never finalized. In addition, the CFPB rescinded its 2020 Advisory Opinion–the Bureau’s only official position on EWA–in the final moments of the previous administration, leaving industry participants without a clear understanding of the CFPB’s position.
In addition to federal advocacy, AFC representatives recently testified at hearings on EWA in Colorado, Indiana, New Mexico, North Dakota, Oregon, and Vermont, as well as two hearings in Washington state, with upcoming testimony in Nebraska and Utah, to speak about the consumer benefits of these offerings and the need to support responsible EWA practices. AFC will continue to monitor legislative and regulatory developments around EWA at the state level, and is prepared to engage collaboratively with any state considering guidance around this technology.
“A regulatory framework for Earned Wage Access must be grounded in a clear understanding of its role as an empowering tool for financial stability—not mischaracterized as traditional credit,” said Ian P. Moloney, SVP and Head of Policy and Regulatory Affairs at AFC. “EWA provides workers with immediate access to their hard-earned wages, helping them avoid the cycle of high-interest debt and predatory financial products. Misguided regulation risks sidelining this critical innovation, leaving millions of Americans without a safe, transparent alternative to address their financial needs. AFC is committed to ensuring that regulatory decisions are informed by facts and protect the unique consumer benefits EWA provides.”
A standards-based organization, AFC is the premier trade association representing the largest financial technology (Fintech) companies and innovative banks offering embedded finance solutions. AFC’s mission is to promote a transparent, inclusive, and customer-centric financial system by supporting responsible innovation in financial services and encouraging sound public policy. AFC members foster competition in consumer finance and pioneer products to better serve underserved consumer segments and geographies.
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View PostCFPB Director Rohit Chopra Is Out
The CFPB director that wanted to “wipe out” all merchant cash advance companies has resigned his post (or been fired per the AP), according to a letter he shared on social media. Rohit Chopra had served in that position for four years.
While the CFPB is supposed to be a consumer-focused agency, it had gained the authority to collect data from the small business finance industry. Its 888 pages of complex rules are supposed to go into effect this year, for example, unless Trump’s January 20 executive order leads to a delay or repeal.
“This letter confirms that my term as CFPB Director has concluded,” Chopra’s letter states. “I know the CFPB is ready to work with you and the next confirmed Director, and we have devoted a great deal of energy to ensure continued success.”
View PostTwo Broker Battle Judges Starred in This Show
Josh Feinberg and Will Murphy, both judges for the equipment finance category at the upcoming Broker Battle at deBanked CONNECT MIAMI, previously starred in the sales reality show Equipping the Dream. The six-episode show series debuted in February 2022 where they helped train new reps at their equipment finance brokerage Everlasting Capital in New Hampshire and awarded the best of the group. The unscripted series is the most watched show in history of its kind. All the episodes are here.
Any broker or sales rep that is knowledgeable about equipment financing can enter to compete in the short Broker Battle competition on February 20th at the Fontainebleau by submitting their name here and registering for the event here. The prize is $3,000, a trophy, the title of top broker, and the opportunity to be interviewed for a feature story. The two other categories, revenue based financing and SBA lending, also offer the same prizes and can be entered into using the same links.
California Passes Law Extending Debt Collection Rules
The new year brings yet more distressing news from the Golden State. If you are in the commercial finance space, and you want to collect that gold in California, you will soon have to heed all the rules that, until now, only applied to consumer debt collectors.
Beginning July 1, 2025, commercial loans of $500,000 or less will be subject to the debt collection protections of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). What is potentially more troublesome is that the statute will apply not only to debt collectors, but creditors! That means that your in-house collection department will have to heed all the prohibitions and restrictions of the RFDCPA.
The rules are fairly straightforward and apply to debt collectors and creditors attempting to collect on their own paper. There are many, including:
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There is a plethora of other rules, but you get the picture.
There are other important issues, i.e.:
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One good thing about the expanded statute is that there is no licensing requirement for commercial debt collectors/creditors (yet!).
There is much more, but it is, as they say, beyond the scope of this article. My best advice is to have an attorney prepare a best practices guide to help you navigate this minefield. That is exactly what I am doing for my clients.
The Law Offices of Kenneth Charles Greene present this article. All copyrightable text, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this presentation are the property of the Law Offices of Kenneth Charles Greene. All rights reserved. Permission is granted to download and reprint materials from this article for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials from this article, whether in electronic or hard copy form, without the express prior written permission of Kenneth C. Greene is prohibited. The materials available from this article are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any issue or problem. Use of and access to these materials does not create an attorney-client relationship between the Law Office of Kenneth Charles Greene and the user or viewer. The opinions expressed herein are the opinions of the individual author.
View PostFCC’s Attempt to Close ‘Lead Generator Loophole’ is Stricken Down
The FCC’s one-to-one consent rule has been stricken down by the U.S. Court of Appeals for the Eleventh Circuit. It was supposed to go into effect this past Monday and would have impacted lead generators in a major way. For example, the FCC rule stated that a consumer could not consent to a telemarketing or advertising robocall unless: (1) the consumer consents to calls from only one entity at a time, and (2) consents only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.”
The Court in Insurance Marketing Coalition Limited v FCC, however, found that the FCC did not have the authority to redefine “prior express consent” under the TCPA to now mean one-to-one consent and vacated the rule.
deBanked put out a post last year telling readers to be prepared for the change.
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