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Weekly Industry Update: Regulatory Clarity in Sight for Madden V. Midland; Q2 Earnings Season Highlights

By Vy Phan

August 20, 2017

The quest for regulatory clarity made significant progress in recent weeks. State regulators, faced with the prospect of a Federal OCC charter, are responding to calls for harmonization in state-by-state lending laws. American Banker reports that states are coordinating to develop a single, harmonized regulatory structure for FinTech firms. Congress may clear up the regulatory uncertainty introduced via Madden V. Midland before year end. Representatives Gregory Meeks, (D-NY) and Patrick McHenry (R-NC) introduced Protecting Consumer’s Access to Credit Act of 2016. The bill reaffirms the “valid when made” doctrine, which holds that interest rates originated by national banks are legal even after a loan is assigned to a third-party. Political insiders assign favorable odds to the passage of the bill due to its bipartisan support. Research has shown that the Madden V. Midland district court ruling has “significantly reduced credit availability for riskier borrowers”. PeerIQ has also observed a significant reduction in the willingness of warehouse lenders to finance loans subject to “Madden Midland” risk. In credit trends, for the first time since 2012, TransUnion’s Q2 2017 Industry Insights report shows a decline in origination across a majority of subprime credit products. With earnings season behind us, this week we summarize key takeaways across three cohorts of publicly traded lenders: bulge bracket banks, non-bank lenders and FinTech firms, and card issuers. Bulge Bracket Banks Exhibit A Source: PeerIQ; Bloomberg Compared to a year ago, all of the banks have increased their focus on lending business lines as revenue from trading continues to come under pressure. Highlights Non-Bank Lenders & FinTech  We note that performing a true comparable analysis is difficult since the P&L and balance sheet dynamics of capital-light marketplace lenders differ substantially from balance-sheet lenders. (We illustrate these differences here.) Source: PeerIQ; Bloomberg Highlights Card Issuers Source: PeerIQ; Bloomberg Of the three cohorts we looked at, the card issuers are arguably the most bipolar with regards to recent performance. On one end of the spectrum, American Express rallied ~17% YTD while the stock performance of its peers are down for the year. Highlights Conferences: PeerIQ in the News: Industry Update:  Lighter Fare: