Risk Factors Update Summary
- President Biden signed an Executive Order aimed at protecting consumers against harms caused by artificial intelligence.
- Elevate settled a case agreeing to charge rates up to 24% and refund overcharged consumers.
- The company's loan funding programs are exposed to risks from recent bank failures, including disruptions in the banking sector.
- Failure to maintain diverse and resilient loan funding from institutional investors could adversely affect operations.
- An independent third-party firm was engaged to perform periodic fair lending assessments over the AI underwriting models.
- Opportunity Financial faced a complaint in 2021 for violating California usury laws.
- The CFPB issued interpretive statements impacting business practices, including compliance obligations under the Equal Credit Opportunity Act.
- The CFPB announced supervision of at least three non-bank fintech companies, increasing regulatory scrutiny.
- Laws in Illinois, Maine, and New Mexico capped interest rates on certain loans at 36%.
- Following a number of quantitative assessments, Relman has published a fourth and final report summarizing the development during the monitorship.
- The company's revenue declined in 2023, with a net loss of $240.1 million.
- The company relies on third-party vendors and software, subject to increased regulatory scrutiny and potential impacts on financial condition.
- Warehouse credit facility increased from $175 million to $250 million until June 15, 2025.
- The legal and regulatory environment surrounding the AI lending marketplace is relatively new and may require interpretive guidance.
- Valuation allowance recorded for net deferred tax assets in federal, state, and local tax jurisdictions.
- Stock authorization decreased from 740 million to 669 million shares of common stock.
- Implementation of "sell-to-cover" transactions may result in dilution to stockholders.
Full Text Changes in Most Recent 10-K
Intended use: review the highlighted statements. These are additions to the risk factors disclosure in the most recent 10-K filing compared to the previous 10-K filing. Deleted and moved text is less important and is shown for context.
To view the full company filings, click on the following link to be taken to the SEC EDGAR database landing page for the company: https://www.sec.gov/edgar/browse/?CIK=1647639&owner=exclude
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