Apple Card Under Investigation by State Financial Regulator
November 14, 2019
Apple and Goldman Sachs came under fire this week after numerous users of the Apple Card, a joint venture by the two companies, took to social media claiming that the algorithm used to determine credit limits discriminated against women.
It began when Danish tech entrepreneur and racecar driver David Heinemeier Hansson wrote up an expletive-laden teardown of the card and the companies behind it after he discovered that he had access to twenty times more credit than his wife, despite the couple having filed joint tax returns. Following the twitter thread’s viral surge, other men came forward with similar stories, some noting that their wives had better credit scores than themselves.
Upon dealing with Apple’s customer service, who gave Hansson’s wife a “VIP bump” to her credit limit, raising it to match her husband’s, the entrepreneur lamented the giant’s response to his questions about the decision-making process behind Apple Card.
“Apple has handed the customer experience and their reputation as an inclusive organization over to a biased, sexist algorithm it does not understand, cannot reason with, and is unable to control,” Hansson wrote after being told by two Apple representatives that they were unable to explain the reasoning behind the inequity other than say that “it was just the algorithm.” Hansson went on later to criticize the implementations of algorithms that incorporate “biased historical training data, faulty but uncorrectable inputs, programming errors, or malicious intent” as a whole, pointing to Amazon’s recent use of an algorithmic hiring tool that taught itself to favor men.
And in a surprise twist, Apple Co-founder Steve Wozniak weighed in, saying, “The same thing happened to us. I got 10x the credit limit. We have no separate bank or credit card accounts or any separate assets. Hard to get to a human for a correction though. It’s big tech in 2019.”
Over the weekend word came from the New York Department of Financial Services that it would be investigating the practices behind the Apple Card to determine whether or not such an algorithm discriminates on the basis of sex, which is prohibited by state law in New York. This is the second such investigation recently, with the NYDFS announcing last week an investigation into the healthcare company UnitedHealth Group and its use of an algorithm that allegedly led to white patients receiving better care than black patients.
“Financial service companies are responsible for ensuring the algorithms they use do not even unintentionally discriminate against protected groups,” wrote NYDFS Superintendent Linda Lacewell in a blog post that explained the decision to investigate and called for those who believed they were affected unfairly by Apple Card to reach out. “[T]his is not just about looking into one algorithm – DFS wants to work with the tech community to make sure consumers nationwide can have confidence that the algorithms that increasingly impact their ability to access financial services do not discriminate and instead treat all individuals equally and fairly no matter their sex, color of skin, or sexual orientation.”
In their response, the Goldman Sachs Bank Support twitter account posted a note listing various factors that come into consideration when determining a person’s credit limit, asserting that they “have not and will not make decisions based on factors like gender.”
And it would appear that this is correct, at least in the literal sense, as the application process for the Apple Card does not include any questions relating to gender.
Bruce Updin of Zest AI, a company that provides machine learning software for underwriters, said of the controversy that “there’s bias in all lending models, even human lenders … race, gender, and age are built into the system. It can show up just due to the nature of the credit scoring system as FICO scores at the end of the scale can correlate to race.”
Explaining that there are connections between identity and information many humans might never perceive without machine-learning algorithms, like Nevada license plates being an indicator of the likelihood of someone’s race, Updin asserts that such links need to be weighed, balanced, and supervised by those in the banks. For Updin, transparency and explainability are the real problems here rather than the algorithms themselves.
Software exists that can pinpoint which variables are producing results that, for example, skew to prefer women over men, and can remove such factors and run the tests again, probing for differences. The trouble arises when banks find themselves unable to communicate such details for whatever reason, be it an inherent misunderstanding of their own programs or an unwillingness to explain why some of their models prefer certain groups over others.
It’s really a case of “giving up a little bit of accuracy for a lot of fairness” when choosing to remove variables that are proxies for gender, race, age, or a variety of other identifying features, according to Updin. “It’s just a lot of math, it’s not magic. The more you automate the tools, the easier it is.
“I’m convinced in 5-10 years every bank will be using machine-learning for underwriting … we don’t need to throw out the baby with the bathwater.”
TBF Financial Buys $60 Million in Commercial Debt from Major Online Lender
September 10, 2019
DEERFIELD, IL, Sept. 10, 2019 ─ TBF Financial purchased nearly $60 million in non-performing loans from a major online small business lender in recent transactions, CEO Brett Boehm announced today.
TBF bought the pools of post-charge-off loans as the highest bidder in transactions arranged through multiple brokers. In most cases, the company purchases directly from alternative lenders, equipment leasing companies and banks.
“We are seeing growing interest from online lenders who want to sell off commercial debt this year. It’s a smart strategy in any economic cycle because it provides lenders and lessors with immediate cash and a way to accelerate recoveries while protecting their customer relationships. Concerns about an economic slowdown are another reason for growing interest in commercial debt sales, as companies prepare to handle a rise in delinquencies and defaults,” Boehm said.
In the most recent deal, the $60 million in transactions included non-performing loans that had not previously been handled by collection agencies as well as post-agency accounts.
TBF Financial is the leading purchaser of non-performing equipment leases, commercial bank loans and online small business loans in the U.S. The company buys commercial accounts up to 4 years old from the date of last payment. This includes equipment leases, loans and lines of credit that have personal guarantees, no personal guarantees, are secured, unsecured, pre-agency, post-agency, pre-litigation and reduced to judgment.
Just as fintechs launched a new industry, TBF created its own industry. When the company started in 1998, there were no businesses buying lease charge-offs on a consistent basis. The principals of TBF believed that they could buy charged-off equipment leases at an attractive price that would also provide TBF with a margin of profit. The equipment finance industry embraced the new services. Since then, TBF has broadened the commercial paper it buys to include commercial bank loans and lines of credit.
The company remains at the forefront of commercial debt buying for the finance industry. For more information, visit tbfgroup.com or contact Boehm at bboehm@tbfgroup.com, 847-267-0660 or via LinkedIn.
Media Contact:
Carla Young Harrington
Susan Carol Creative for TBF Financial
540.479.7835
carla@scapr.com
CAN Capital Welcomes John McNeill, New Chief Financial Officer
July 23, 2019
Kennesaw, GA — CAN Capital, a leading provider of small business working capital loans, is pleased to announce the hiring of John McNeill as its new Chief Financial Officer (CFO). McNeill brings to the company a deep expertise in corporate finance, accounting, treasury and a growth orientation well suited for CAN’s current expansion.
McNeill has been a mainstay in the Atlanta financial services industry. He joins CAN from Ocwen Financial Corporation where he served as Senior Vice President of Servicing Finance, Treasury and Investor Relations. Before that, he served as Vice President of Finance and Treasurer at Home Loan Servicing Solutions, and has also worked in various financial capacities at WestRock and KPMG. He earned his undergraduate degree at the University of Georgia, his MBA at the Goizueta Business School at Emory University, and is a CPA and CFA Charterholder.
“I am very excited to be joining the team and having the opportunity to help the company build on its recent momentum and, ultimately, capitalize on its growth potential,” said McNeill. “I admire CAN Capital’s long history of providing much needed capital to small businesses and look forward to working with our customers, partners, and team during the next chapter of its business expansion.”
CEO Edward J. Siciliano spoke about McNeill’s role in CAN’s promising future: “I’m excited to work with John and benefit from his experience as we establish CAN as the market leader in small business lending on a national scope” Siciliano added, “John’s the perfect fit to drive our corporate finance activities in the upcoming expansion years.”
The entire CAN Capital team welcomes John, who, along with our dedicated group of CAN Capital team members, is here to support our mission of helping every small business succeed.
2M7 Financial Solutions and the State of Alternative Funding in Canada
July 1, 2019
“What’s a cash advance?”
This is how Avi Bernstein, CEO of 2M7 Financial Solutions, recalled a typical conversation in 2008, when his company was founded in the Canadian market. According to him, customer knowledge of alternative financing methods was dismal, partly due to a handful of homogenous banks dominating the scene as well as a void of funders in the country.
Flash forward to 2019 and 2M7 is operating within a Canadian market that is much more trusting and knowledgeable of merchant cash advances, although it is not yet at the levels witnessed in the U.S.
“Low hanging fruit,” is how Bernstein describes the industry now, as small and medium-sized businesses are flocking to 2M7 and its contemporaries, which offer higher approval ratings and faster confirmation of funding than their more traditional counterparts. In fact, according to a 2018 study conducted by Smarter Loans, 24% of those Canadians surveyed stated that they sought their first loan with an alternative lender that year. As well as this, only 29% reported that they pursued funding from more established, traditional financial institutions and 85% of those that received financing confirmed their satisfaction.
Figures like these help to explain why the Canadian market has seen a rise in interest from foreign businesses in the previous five years. Greenbox Capital, First Down Funding, and Funding Circle are examples of those companies who have successfully implanted themselves within the market, a feat that Bernstein claims isn’t easy.
“It’s a different business,” he notes when comparing the market to that of the U.S. Listing the dissimilarities in market maturity levels, sales tactics, processing channels, and collection styles, as well as the currency exchange rate that’s to be considered, Bernstein says that he’s found those American funders who come to Canada unprepared never stay long enough to become a fixture of the industry.
Warning against half measures, Bernstein explains that “You’ve gotta put boots on the ground” if you want to succeed in Canada. Giving the impression that unless you’re willing to learn the rules applied in the market, hire people, and house them in an office north of the American border, Bernstein is keen to highlight what’s required of foreign companies looking with interest at Canada.
But it’s a risk-reward situation. The market is opening up as more funders enter it, and with the arrival of larger companies, such as OnDeck Capital, more resources are being devoted to raising awareness of alternative financing amongst Canadians.
Meanwhile, homogenous firms like 2M7 are continuing to grow in this developing market. Receiving an average of 200-300 applications for funds per month, 2M7 is capitalizing off opportunities by proving themselves to be open to a wider range of applications. Bernstein asserts that “we try to fund everything,” and that they keep an “open mind to every opportunity” that lands on their desk. Perhaps this is a mindset not shared by more conservative of funders in the industry, but, as Bernstein says, “we’re here, we’re funding, and we’re ready to rock n’ roll.”
You can meet Avi Bernstein and 2M7 at deBanked CONNECT Toronto on July 25th.
IOU Originates $32.8M in Loans in Q1
May 30, 2019IOU Financial funded $32.8M in loans in the first quarter of 2019, according to publicly filed financial statements. The company also continued its profitable streak and plans to grow originations by:
- Identifying, recruiting and partnering with business loan brokers;
- Forming new strategic partnerships with entities such as banks and small business suppliers and leveraging their relationships with small businesses to add new customers;
- Expanding its product offering to allow it to serve small businesses whose needs are not met by its current products;
- Investing in direct marketing and sales; and
- Continuing its expansion into Canada.
New York Introduces Bill to Ban COJs in Financial Contracts
February 4, 2019
New York Assemblymembers Yuh-Line Niou and Crystal Peoples-Stokes have introduced a bill that would prohibit Confessions of Judgment (COJs) from being used in any contract or agreement for a financial product or service.
Peoples-Stokes’ district was one of the first districts to boycott COJs originated by merchant cash advance companies after Erie County Clerk Michael Kearns publicized that he would no longer approve them.
A03636 proposes the following:
§ 396-aaa. Confession of judgment requirement for certain contracts; prohibition.
1. No person shall require a confession of judgment in any contract or agreement for a financial product or service.
2. As used in this section the following terms shall have the following meanings:
(a) “Financial product or service” shall mean any financial product or financial service offered or provided by any person regulated or required to be regulated by the superintendent of financial services pursuant to the banking law or the insurance law or any financial product or service offered or sold to consumers except financial products or services: (i) regulated under the exclusive jurisdiction of a federal agency or authority, (ii) regulated for the purpose of consumer or investor protection by any other state agency, state department or state public authority, or (iii) where rules or regulations promulgated by the superintendent of financial services on such financial product or service would be preempted by federal law.
(b) “Financial product or service regulated for the purpose of consumer or investor protection”: (i) shall include (A) any product or service for which registration or licensing is required or for which the offeror or provider is required to be registered or licensed by state law, (B) any product or service as to which provisions for consumer or investor protection are specifically set forth for such product or service by state statute or regulation and (C) securities, commodities and real property subject to the provisions of article twenty-three-A of the general business law, and (ii) shall not include products or services solely subject to other general laws or regulations for the protection of consumers or investors.
IOU Partners with FINSYNC to Fuel Growth
November 27, 2018
Montreal-based IOU Financial announced yesterday that it is partnering with FINSYNC in an effort to improve their customers’ experience and broaden access to new customers. FINSYNC is a cash flow management software and platform that allows businesses to collect income, pay bills, process payroll, automate accounting, and access financing through FINSYNC’s Lending Network.
“FINSYNC’s innovative cash flow management solution helps business owners better assess the opportunity to access working capital based on past and projected cash flow,” said Christophe Choquart, VP of Strategic Partnerships at IOU Financial. “This is a totally new way to [support] growing businesses.”
FINSYNC provides almost all financing-related services except for the actual financing. According to its website, FINSYNC has partnerships with a number of other alternative funders, including OnDeck, Breakout Capital, BFS Capital and The Business Backer.
“This partnership greatly enhances the convenience of applying for working capital,” said Robert Gloer, President and COO of IOU Financial. “It gives merchants insight into what a cash infusion would look like [before they take out a loan.”
Through this partnership, IOU Financial’s marketing efforts will introduce potential merchants to FINSYNC’s payment, payroll and accounting services, while FINSYNC will offer IOU Financial an enhanced user experience, according to IOU Financial CEO Philip Marleau. He said that, for now, neither company is exchanging money with one another. It is purely a mutually beneficial partnership.
IOU Financial offers business loans of up to $300,000 to small business merchants in the U.S. and Canada. The company, which is traded publicly on the Toronto Stock Exchange, had a strong third quarter, with $36.1 million in originations, an 85% increase from the prior year. The lender’s average loan is $100,000 with a 12 month term, although they do offer terms up to 18 months.
Founded in 2009 by Gloer and CEO Phil Marleau, the company also has an office in Atlanta and has a total of about 40 employees.
IOU Continues to Post Positive Earnings
November 14, 2018
Loan originations for IOU Financial’s third quarter were $36.1 million, an 85% increase over last year’s Q3 originations of $19.6 million. This is also IOU’s fourth consecutive quarter with positive earnings.
“IOU continued to deliver strong loan origination growth and earnings performance during the third quarter of 2018 and we have successfully managed loan defaults as a result of measures implemented last year,” said IOU Financial CEO Phil Marleau.
The measures implemented last year refer, in part, to changes in collection efforts, such as using a more aggressive litigation strategy against businesses that default on their loan obligations, Marleau told AltFinanceDaily. Provisions for loan losses in Q3 were $1.2 million, a decrease of 51% compared to last year at this time.
Most of IOU’s revenue comes from making loans of up to $300,000 to American small businesses. Marleau said the average IOU loan is for $100,000 with a 12 month term, although they do offer terms up to 18 months. A significant percentage of IOU’s merchants use the business loans to purchase equipment. Other loans are used for business expansion and temporary cash flow. To date, IOU has originated nearly $600 million in loans.
Despite the fact that the lender mostly services the American market, with its headquarters in Montreal and its stock listed on the Toronto Stock Exchange, IOU made a marketing push this quarter to expand its service in Canada.
“We’ve been getting the word out to brokers that we’re looking to serve Canadian merchants,” Marleau said.
Ironically, in many cases, that has meant telling American ISOs who market to Canada that IOU is open for business in its own country.
Marleau, who is Canadian, met cofounder and IOU President Robert Gloer at a fintech conference in San Francisco, and the company’s first loan was made in 2009. Gloer had ties to Atlanta, which is why IOU’s U.S. office is located there. While the company’s headquarters is in Montreal, the Atlanta office is larger and is where the company’s sales operations take place. The company has about 40 employees, but only about ten work at the Montreal headquarters.
