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Articles by John Kimble
Expansive New Commercial Financing Licensing Requirement Signed into Law in California
On September 30, 2026, California’s Governor Gavin Newsom signed AB 2116 into law. Effective July 1, 2028, this new law will require brokers and providers of commercial financing, including merchant cash advance (MCA), factoring arrangements, and certain forms of lease-based financing, to obtain a license under the California Financing Law (CFL). AB 2116 also includes substantive prohibitions and requirements, including an ability-to-repay analysis and a prohibition on confessions of judgment.
Expansive New Commercial Financing Licensing Requirement Signed into Law in California
On September 30, 2026, California’s Governor Gavin Newsom signed AB 2116 into law. Effective July 1, 2028, this new law will require brokers and providers of commercial financing, including merchant cash advance (MCA), factoring arrangements, and certain forms of lease-based financing, to obtain a license under the California Financing Law (CFL). AB 2116 also includes substantive prohibitions and requirements, including an ability-to-repay analysis and a prohibition on confessions of judgment.
How Should Entities Prepare for California’s Digital Financial Assets Law Licensing Requirement?
On March 18, 2026, the Nationwide Multistate Licensing System (NMLS) began accepting applications for a brand new license created by California’s Digital Financial Assets Law (DFAL), which was signed into law in 2023. Unless exempt, entities wishing to continue engaging in digital financial asset business activity in California must submit an application by July 1, 2026.
A Closer Look At California Financial Regulator's 2026 Agenda
By John Kimble ( February 12, 2026, 5:48 PM EST) -- As the Consumer Financial Protection Bureau scales back the scope of its supervisory and enforcement activities, some state financial regulators have begun to move in the opposite direction.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Commissioner Mohseni of California’s DFPI Provides Insight into Agency’s Regulatory Priorities | JD Supra
On December 17, 2025, Commissioner Khalil “KC” Mohseni of California’s Department of Financial Protection and Innovation (“DFPI” or “Department”) spoke to and answered questions from the Consumer Financial Services Committee of the California Lawyers Association. This author currently serves as the co-chair of the committee.
California’s DFPI seeks comments on additional products and services to be registered under the CCFPL | JD Supra
In the wake of the Office of Administrative Law’s approval of its registration and reporting requirements for providers of income-based advances, private postsecondary education financing, debt settlement services, and student debt relief services, California’s Department of Financial Protection and Innovation (“DFPI”) has issued an invitation for comment on “what other industries…the DFPI should establish registration and reporting requirements for under the [California Consumer Financial...
California Gov. Newsom signs array of consumer protection bills | JD Supra
California Gov. Gavin Newsom has signed legislation covering a range of consumer protection issues.
California Finalizes Registration Requirements for Providers of Earned Wage Access, Other Financial Products and Services | JD Supra
On October 11, California’s Office of Administrative Law (“OAL”) approved the Department of Financial Protection and Innovation’s (“DFPI’s”) registration rulemaking for providers of the following products: Income-Based Advances (more commonly known as earned wage access (“EWA”) products); Private Postsecondary Education Financing (including income share agreements (“ISAs”); Debt Settlement Services; and Student Debt Relief Services.
Lender Fights Back Against CFPB Lawsuit, Arguing Unconstitutional Delegation of Power and Other Constitutional Violations | JD Supra
On July 30, 2024, Heights Finance Holding Co. f/k/a Southern Management Corporation and a group of its wholly-owned, state-licensed subsidiaries (collectively, “Southern”) filed a motion for judgment on the pleadings (the “JOP Motion”) in the lawsuit filed by the CFPB against Southern in South Carolina federal district court.
CFPB Proposes Interpretive Rule that EWAs Are Credit; Expedited Funding Fees and Tips May Be Finance Charges under Regulation Z
Source: site On August 13th, 2024, from 1:30 p.m. to 3:00 p.m. ET, we will hold a webinar covering the CFPB’s BNPL interpretive rule and its proposed earned wage access (“EWA”) interpretive rule. For more information and to register, click here.
Plaintiff Trade Groups Petition for Rehearing En Banc in Challenge to Payday Lending Rule | JD Supra
After the Supreme Court’s long-awaited 7-2 decision in CFSA v.
CFPB Issues 2023 Annual Fair Lending Report | JD Supra
On June 26, 2024, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) released its annual Fair Lending Report (the “Report”) for the calendar year 2023. The reporting period ran through December 31, 2023, so any subsequent fair lending developments are not included. The first section of the Report covers the CFPB’s fair lending enforcement and supervision activities in 2023.
California’s DFPI Releases Third Annual Report on Activity Under the CCFPL | JD Supra
On April 25, 2024, California’s Department of Financial Protection and Innovation (“DFPI”) released its Annual Report of Activity Under the California Consumer Financial Protection Law for 2023 (“Annual Report”). The Annual Report provides an overview of rulemaking, enforcement, oversight, consumer complaints, and education and outreach for the calendar year 2023 and confirms that 2023 was the most active year yet for the DFPI.
South Carolina Enacts Earned Wage Access Legislation Requiring Registration, Exempting the Product from Lending Laws | JD Supra
On May 21, 2024, South Carolina Governor Henry McMaster signed into law the Earned Wage Access Services Act (the “Act”), which will require earned wage access (“EWA”) providers to register annually with the state’s Department of Consumer Affairs and meet certain requirements. The Act also provides exemptions from state lending and other requirements for providers.
Walden University Agrees to Proposed Settlement to Resolve Reverse Redlining Claims | JD Supra
On March 28, 2024, four former Walden University students (“Plaintiffs”) filed a proposed settlement both individually and on behalf of a putative class of current and former Walden University (“Walden”) students with the Federal District Court for the District of Maryland to resolve allegations first raised against Walden in a complaint more than two years ago.
Walden University Agrees to Proposed Settlement to Resolve Reverse Redlining Claims
On March 28, 2024, four former Walden University students (“Plaintiffs”) filed a proposed settlement both individually and on behalf of a putative class of current and former Walden University (“Walden”) students with the Federal District Court for the District of Maryland to resolve allegations first raised against Walden in a complaint more than two years ago.
Lowepro Highline BP 300 AW 22L Backpack @ digiDirect $59 (RRP $149) + Shipping or Free C&C From Any Store
Modern travelers searching for an attractive, sleek, protective, and well-made backpack to transport their 13" laptop, 10" tablet, clothing, and accessories will appreciate the gray Lowepro HighLine BP 300 AW 22L Backpack. The pack features a dedicated CradleFit compartment to suspend and protect an up to 13" laptop. Included with the BP300 is a removable JumpKit bag for a tablet, smartphone, earbuds, pens, and other small items.
FloatMe Settlement with FTC Contains Exacting Requirements
On January 22, 2024, the Federal Trade Commission (FTC) entered into a Stipulated Order for Permanent Injunction, Monetary Judgment, and Other Relief (the “Order”) with FloatMe Corp. (“FloatMe”), a fintech that offers short-term cash advances through its mobile app, to settle litigation brought earlier in the month against the fintech and two of its principals (collectively, “Defendants”).
Class Actions Are Testing the Limits of California Consumers’ “Right to Gripe” | JD Supra
On September 9, 2014, then-Governor Jerry Brown of California signed into law Assembly Bill No. 2365.
Class Actions Are Testing the Limits of California Consumers’ “Right to Gripe”
On September 9, 2014, then-Governor Jerry Brown of California signed into law Assembly Bill No. 2365.
New York Governor’s Proposed TED Bill Includes Sweeping BNPL Legislation | JD Supra
After promising earlier this year to “establish nation-leading regulations for the Buy Now Pay Later loan industry,” New York Governor Kathy Hochul took a significant first step in that direction by including Buy Now Pay Later (“BNPL”) legislation in her Proposed 2024-2025 Transportation, Economic Development and Environmental Conservation (“TED”) Bill.
FTC Complaint Alleges Deception and Discrimination in Fintech’s Subscription Cash Advance Offerings | JD Supra
On January 2, the Federal Trade Commission (FTC) filed a complaint against FloatMe Corp. (“FloatMe”), a fintech that offers short-term cash advances through its mobile app, alleging violations of the FTC Act, the Restore Online Shoppers’ Confidence Act (ROSCA), and the Equal Credit Opportunity Act (ECOA).
FTC Complaint Alleges Deception and Discrimination in Fintech’s Subscription Cash Advance Offerings
On January 2, the Federal Trade Commission (FTC) filed a complaint against FloatMe Corp. (“FloatMe”), a fintech that offers short-term cash advances through its mobile app, alleging violations of the FTC Act, the Restore Online Shoppers’ Confidence Act (ROSCA), and the Equal Credit Opportunity Act (ECOA).
Earned Wage Access Products Are Not Loans, According to the AG of Montana | JD Supra
On December 22, 2023, the Attorney General of Montana released an opinion (the “Opinion”) concluding that certain earned wage access (EWA) products are not “consumer loans” or “deferred deposit loans” under Montana law and do not, therefore, require licensure by the Montana Division of Banking and Financial Institutions.
Earned Wage Access Products Are Not Loans, According to the AG of Montana
On December 22, 2023, the Attorney General of Montana released an opinion (the “Opinion”) concluding that certain earned wage access (EWA) products are not “consumer loans” or “deferred deposit loans” under Montana law and do not, therefore, require licensure by the Montana Division of Banking and Financial Institutions.
[Switch] Animal Crossing: New Horizons - Happy Home Paradise $30 @ Nintendo eShop
Lowest Price ever according to Deku Deals. Paradise Planning needs you! Get creative and help design dream vacation homes for many of your favourite island residents in Animal Crossing: New Horizons – Happy Home Paradise, available as paid downloadable content for Animal Crossing: New Horizons. This description was provided by the publisher.
Lenovo Yoga Slim 7 Pro EVO 14-inch i5-11320H/16GB/512GB SSD Laptop $798 + Delivery ($0 C&C/In-Store) @ Harvey Norman
John Kimble on 20/11/2023 - 00:51 harveynorman.com.au (49 clicks) Last edited 20/11/2023 - 00:59 by 1 other user I bought this for $998 back in August. Price has dropped $200 since then. Master multitasking with the Lenovo Yoga Slim 7 Pro EVO 14-inch i5-11320H/16GB/512GB SSD Laptop.
[Switch] Mario + Rabbids Sparks of Hope $28 Delivered @ Amazon AU
John Kimble on 30/10/2023 - 08:32 amzn.asia (39 clicks) Description Mario, Rabbid Peach and their friends are back for a new adventure of cosmic scale! Cursa, a mysterious and malevolent entity seeks out energy to further its nefarious plans, plunging the galaxy into chaos. Twisting the planets with its evil influence, it’s determined to consume all the energy of the Sparks, uncanny creatures formed by the fusion of Lumas & Rabbids, and destroy all who stand in its way.
Unrailed! $6.73 (75% off) @ Nintendo eShop
BUILD A TRACK FURTHER THAN EVER BEFORE Unrailed! is a co-op multiplayer game where you work together with your friends to build a train track across endless procedurally generated worlds. Master random encounters with its inhabitants, upgrade your train and keep it from derailing! This description was provided by the publisher.
[Switch] The Legend of Zelda: Tears of The Kingdom $59 Delivered @ Amazon AU
John Kimble on 26/10/2023 - 15:55 amazon.com.au (69 clicks) Last edited 26/10/2023 - 15:56 by 1 other user In addition to the vast lands of Hyrule, the latest entry in the storied Legend of Zelda series will take you up into the skies! Look forward to Link’s massive adventure starting again when The Legend of Zelda: Tears of the Kingdom, the sequel to The Legend of Zelda: Breath of the Wild, Features & details An epic adventure across the land and skies of Hyrule awaits in The Legend of...
[Switch] Untitled Goose Game $15.00 (50% off) @ Nintendo eShop
It's a lovely day in the village, and you are a horrible goose. Untitled Goose Game is a slapstick-stealth-sandbox, where you are a goose let loose on an unsuspecting village. Make your way around town, from peoples' back gardens to the high street shops to the village green, setting up pranks, stealing hats, honking a lot, and generally ruining everyone’s day.
JBL Tune 510 Wireless ON Ear Headphones White $33.60 + Delivery ($0 with Prime/ $39 Spend) @ Amazon AU & JB Hi-Fi
Also black and white available for the same price at JB Hi-Fi. Features & details The Tune 510BT wireless headphones feature renowned JBL Pure Bass sound, which can be found in the most famous venues all around the world With Wireless Bluetooth 5.0 Streaming, you can stream wirelessly from your device and even switch between two devices so that you don't miss a call For long-lasting fun, listen wirelessly for up to 40 hours and recharge the battery in as little as 2 hours with the convenient...
Cosco 100kg 3 Step Lite Aluminium Ladder $39.89 (was $95) @ Bunnings
I bought this in April at full price ($95) and have been keeping an eye on it for price protection. Looks to be a historic low for Ozbargain?
10% Cashback on 1 of 3 $50 eGift Cards @ ShopBack
Was looking at the gift card section in my ShopBack app and saw a "Just for You" offer of 10% cashback on 1 of 3 $50 gift cards; mine were eBay, Amazon AU or Kmart.
Philips Washable Hair Clipper Series 5000 HC5630/15 $59.66 Delivered @ Amazon AU
John Kimble on 12/04/2022 - 07:32 amazon.com.au (163 clicks) Last edited 12/04/2022 - 07:34 by 1 other user RRP $89.95 Finally managed to order one of these. Get an even haircut thanks to DualCut and Trim-n-Flow Pro technology. The new comb design prevents hair of any length from getting stuck in the comb, so you can finish your style in one go.
Garmin Vivofit Jr. 3 Disney Princess $94.10 Delivered @ Amazon UK via AU
John Kimble on 10/04/2022 - 23:13 amazon.com.au (74 clicks) Last edited 10/04/2022 - 23:51 by 1 other user Daughter has been bugging me to get her one of these, cheapest I can find at the moment. Previously was $87.58 + 9.09 Delivery. Fulfilled by Amazon UK. The Amazon AU listing is $109. Most other retailers selling for $119.
Seems like an okay price. Closest I could find was $6.29 from Bunnings for these. Note: Expiry dates might not be the full 10 years as per this deal.
Prinetti Pedestal Fan DC 40cm $55 ($0 C&C/ in-Store Only) @ Supercheap Auto
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Samsung EVO Select 512GB $81.13 + Delivery (Free with Prime) @ Amazon UK via Amazon AU
John Kimble on 13/02/2022 - 22:01 amazon.com.au (50 clicks) Last edited 13/02/2022 - 22:05 Appears to be a good price for 512gb? Previously been above $90. Picked one up for the Switch. Description Performance allowed: With up to 100 MB/s read and 90 MB/s writing, EVO Select memory cards deliver fast memory speeds. Even large files can be quickly backed up and retrieved. With a capacity of up to 512 GB, there is plenty of storage space, such as videos, photos and music.
[Switch] XCOM 2 Collection $8.99 (RRP $89.95) @ Nintendo eShop
John Kimble on 11/02/2022 - 07:59 ec.nintendo.com (387 clicks) Last edited 11/02/2022 - 08:01 Lowest price ever according to deku deals, RRP $89.95. Ignite a global resistance and reclaim Earth from alien occupation in XCOM 2 on Nintendo Switch™ The XCOM® 2 Collection includes the award-winning strategy game XCOM 2, four DLC packs (Resistance Warrior Pack, Anarchy’s Children, Alien Hunters, Shen’s Last Gift) and the War of the Chosen expansion all in one package.
Illinois Set To Impose Significant Obligations On College And Financial Aid Advisory Services Original
Manatt, Phelps & Phillips LLP United States: Illinois Set To Impose Significant Obligations On College And Financial Aid Advisory Services 19 January 2022 by Jonathan S. Joshua , Brett J. Natarelli and John A. Kimble Manatt, Phelps & Phillips LLP To print this article, all you need is to be registered or login on Mondaq.com.
The Surprisingly Broad Reach Of CA's Debt Collection Licensing Act: Applications Due By December 31
Manatt, Phelps & Phillips LLP United States: The Surprisingly Broad Reach Of CA's Debt Collection Licensing Act: Applications Due By December 31 16 December 2021 by Charles E. Washburn, Jr. , Jan L. Owen , Scott M. Pearson and John A. Kimble Manatt, Phelps & Phillips LLP To print this article, all you need is to be registered or login on Mondaq.com.
The Surprisingly Broad Reach of CA’s Debt Collection Licensing Act: Applications Due By December 31 | JD Supra
Earlier this month, the California Department of Financial Protection and Innovation (DFPI) sent an email with the attention-grabbing subject line “Want to continue operating in California? You need to apply for a license with us.” What the message referred to is the California Debt Collection Licensing Act (DCLA), which was added to the California Financial Code by Senate Bill 908.
Viofo A129 Plus Duo (with 16GB EMMC) - $187.42 Delivered @ VIOFO AU via Amazon AU
I hear you. How did we ever get on before car cameras were a thing? I guess it comes down to how much and where you drive. Where you park often. I've thought long and hard about it too. In all my years of driving and incidents, I've had times with dash cams and without, I've never needed to use them. Helpful car insurers and common sense driving habits has worked out so far. Sure, they are there for when you DO need them and people do.
New York Commercial Financing Disclosure Requirements Take Effect Soon | JD Supra
On September 21, 2021, the New York Department of Financial Services (NYDFS) released its pre-proposed regulations to implement the commercial financing disclosure requirements in S5470-B and S898. The ten-day outreach comment period closed on October 1, 2021, but as of today, the proposed regulations have not yet been published in the New York State Register. Once published, there will be a 60-day comment period and then NYDFS will review all comments and issue a final regulation.
Student Lending: California’s New Requirements for Collection Activity | JD Supra
California is continuing to lead the way on student lending regulation. Its latest enactment further complicates the efforts of financial entities to collect on defaulted private student loans. We discuss the statute below. What Happened On October 6, Governor Newsom signed the Private Student Loan Collections Reform Act (the Act) into law. The Act continues the trend of California leading the way in imposing new and burdensome requirements on the financial services industry.
DOJ, OCC Announce Major Settlement of Fair Lending Allegations | JD Supra
In the largest fair lending enforcement action in several years, the Department of Justice (DOJ) and the Office of the Comptroller of the Currency (OCC) on August 30 announced simultaneous settlements with a national banking association (the Bank) regarding alleged violations of the Fair Housing Act (FHA) and, in the DOJ’s complaint, the Equal Credit Opportunity Act (ECOA). Notably, these are separate but coordinated settlements.
Fair Lending: HUD to Reinstate Lower Bar for Proving Disparate Impact | JD Supra
On June 25, the Department of Housing and Urban Development (HUD) published in the Federal Register a proposal to rescind its own 2020 disparate impact rule (2020 Rule). In its place, HUD is proposing to recodify and restore the Obama-era discriminatory effects standard (2013 Rule). If promulgated as proposed, this reversal will place a lower bar for pleading and proving Fair Housing Act (FHA) cases filed administratively with HUD and in federal court by private plaintiffs.
CFPB Rulemaking Will Require Reporting On Lending To Women- And Minority-Owned And Small Businesses | JD Supra
The Consumer Financial Protection Bureau is finally moving forward with rulemaking under Section 1071 of the Dodd-Frank Act, which will require “financial institutions” to collect, maintain and report to the CFPB data on credit applications made by women-owned, minority-owned, and small businesses. In its Spring 2021 Rulemaking Agenda, the Bureau projected that it will issue a Notice of Proposed Rulemaking around September of this year.
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