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Federal policymakers set sights on FinTech and Marketplace Lending

by Guest Contributor 3 min read December 20, 2016

regulatory-fintech

As 2016 comes to a close, many in the financial services industry are trying to assess the impact the Trump administration and Republican controlled Congress will have on regulatory issues. Answers to these questions may be clearer after President-elect Trump is inaugurated on Jan. 20. However, those in the federal regulatory environment are already exploring oversight and regulation of the FinTech and marketplace lending sector.

Warning on alternative credit risk models

Inquiries by federal and state policymakers over the past year have centered on how FinTech and marketplace lenders are assessing credit risk. In particular, regulators have asked about how credit models different from traditional credit scoring models and what, if any, new attributes or data are being incorporated into credit risk models for consumers and small businesses.

On Dec. 2, Federal Reserve Governor Lael Brainard signaled that policymakers continue to be interested in this area during a wide-ranging speech on the potential opportunities and risks associated with FinTech. In particular, Brainard warned that “While nontraditional data may have the potential to help evaluate consumers who lack credit histories, some data may raise consumer protection concerns” and that nontraditional data “… may not necessarily have a broadly agreed upon or empirically established nexus with creditworthiness and may be correlated with characteristics protected by fair lending laws.”

Brainard also suggested that there are transparency concerns with alternative scoring models, saying that “alternative credit scoring methods present new challenges that could raise questions of fairness and transparency” given that consumers may not always understand what data is used utilized and how it impacts a consumer’s ability to access credit at an affordable price.

Look for regulators and Congress to continue to focus on the fairness and accuracy of new credit risk models and the data underpinning those models in debates surrounding FinTech and Marketplace lending in 2017.

A national charter for FinTech?

Earlier this month, the Office of the Comptroller of the Currency (OCC) announced that it was considering the creation of a national charter for FinTech lenders. There has long been speculation that the OCC would offer a national charter for FinTech. Analysts have suggested that the creation of a charter could help increase regulatory oversight of the growing market and also provide additional regulatory certainty for the emerging FinTech industry.

The OCC’s proposal would create a special purpose national bank charter for FinTech businesses that are engaged in at least one of three core banking activities: receiving deposits; paying checks; or lending money. The OCC will be developing a formal agency policy for evaluating special purpose bank charters for Fintech companies that will designate the specific criteria that companies applying for a charter will have to meet for approval. OCC has suggested that this will likely focus on safety and soundness; financial inclusion; consumer protection; and community reinvestment.

The OCC is collecting comments on the proposed policy through Jan. 15, 2017.

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Challenge 1: Fraud is becoming harder to detect and eroding customer trust 72% of business leaders expect AI-generated fraud and deepfakes to be major challenges by 20261 As fraud tactics evolve quickly, driven in part by AI, customers are being targeted through identity-based attacks from account takeovers to synthetic identities and misuse of personal information. When these threats go undetected, or when legitimate activity is incorrectly flagged, the result isn’t just financial loss. It’s a breakdown of trust. Organizations that want to stay ahead must move beyond isolated fraud controls. By embedding identity management and monitoring into the customer experience, organizations can move from reactive fraud response to proactive identity protection. Identity theft protection and monitoring help organizations turn fraud prevention into a visible, trust-building experience for customers — offering early alerts, guidance, and peace of mind when identity risks arise. Challenge 2: AI decisions must be trusted by customers, not just regulators 76% of businesses say implementing responsible AI is one of their biggest challenges2 As AI becomes more embedded in financial services, it shapes the experiences customers see every day. From credit decisions to eligibility outcomes and personalized offers. While AI can drive faster and more inclusive decisions, it also introduces a new expectation: customers want to understand why a decision was made. Responsible AI is no longer just about regulatory compliance. It’s about delivering outcomes that feel fair, consistent and easy to understand. When decisions appear unclear, confidence erodes. When organizations can clearly explain outcomes, not just internally, they build confidence across regulators, partners and customers. This allows AI to scale responsibly while reinforcing trust in every interaction. Financial wellness tools such as credit scores, reports and education help make AI-driven decisions more transparent, giving customers clarity into outcomes and confidence in how their financial health is assessed. Challenge 3: Digital experiences are failing to deliver clarity and confidence 57% of U.S. consumers remain concerned about conducting activities online3 Customer confidence is affected by day-to-day interactions such as onboarding, payments and issue resolution. Inconsistent decisions, unclear outcomes and friction in digital journeys can quickly erode confidence and increase confusion, disengagement and abandonment. Financial services leaders will need to rebuild and strengthen confidence. Improving key decision points with better data and analytics helps ensure customers receive timely insights, understandable outcomes and meaningful guidance, turning everyday interactions into opportunities to build stronger relationships. By delivering ongoing financial wellness insights and education, organizations can replace confusion with clarity — helping consumers better understand their financial standing and stay engaged over time. Challenge 4: Gen Z continues to raise the bar It's no secret that Gen Z stands out for its strong preference for digital financial services and digital interactions, but Gen Z is also pushing the envelope on financial wellness. 48% of Gen Z report that they do not feel financially secure, indicating strong demand for financial support and tools4 Their expectations for instant decisions, seamless digital experiences, transparency and tools that help them manage their financial lives are quickly becoming the baseline. To meet and exceed these expectations, financial institutions will need to support real-time, data-driven decisioning that adapt to individual needs. Delivering modern, app-like financial experiences, without compromising risk management. 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Expanded data supports more personalized financial wellness experiences, enabling organizations to provide relevant insights, responsible access and guidance tailored to individual consumer needs. Challenge 6: Disconnected decisions create inconsistent customer experiences Increasingly, fintech leaders are moving toward unified risk and decisioning strategies to deliver more personalized experiences6 While customers interact with a single institution, decisions are often made across disconnected data sources, systems and teams. These silos create inconsistent experiences, slow responses and operational complexities that customers feel directly through conflicting messages and uneven outcomes. Experian helps organizations break down these silos by unifying data, analytics and decisioning across the enterprise. When data incidents occur, integrated experiences enable faster data breach resolution, helping consumers understand what happened, take action, and recover with confidence. Looking ahead These challenges for financial services organizations are not emerging; they’re already here and reshaping how financial institutions engage with consumers. Leaders who proactively address financial industry challenges by connecting data, analytics, and responsible AI are better positioned to deliver trusted, transparent and meaningful experiences. Learn More References:1. https://www.experian.com/blogs/insights/2025-identity-fraud-report2. https://www.techradar.com/pro/businesses-are-struggling-to-implement-responsible-ai-but-it-could-make-all-the-difference3. https://www.experian.com/blogs/insights/2025-identity-fraud-report4. https://www.deloitte.com/global/en/issues/work/genz-millennial-survey.html5. https://www.experian.com/thought-leadership/business/the-roi-of-alternative-data6. https://us-go.experian.com/2025-state-of-fintech-report?cmpid=IM-2025-state-of-fintech-report-livesocial-share

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