The Ohio Division of Financial Institutions posted a revised Guidance document dated October 31, 2025 reversing the Guidance first posted in December of 2024. See our ALERTS of Jan. 21, 2025, Jan. 8, 2025 and Dec. 18, 2024. The new Guidance is consistent with the Division’s long standing positing that the Ohio Small Loan Act does not apply to third parties that arrange loans for banks…
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Month: November 2025
Tenth Circuit Reverses Preliminary Injunction in Colorado DIDMCA Case
The United States District Court for the Tenth Circuit Court of Appeals, using a narrowly grammatical interpretation, reversed the lower court and concluded that the plain language of Section 1831d’s opt-out provision is “unambiguous” and that “loans made in such State” refers to any loan in which either the lender or the borrower is located in the opt-out state. The decision was adopted by two of the three judges on the case, with the third judge filing a dissent…
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