top of page
white purple broker course (160 x 600 px).gif

RBFC vs. CFPB: A Legal Showdown Over New Financing Regulations

RBFC lawsuit CFPB

Small businesses drive the American Dream, yet securing crucial funding often feels like a financial obstacle course. Financing options have improved in recent years thanks to technology and business owner awareness but adding to the hurdle is a recent Consumer Financial Protection Bureau (CFPB) rule, now facing a legal challenge from the Revenue Based Finance Coalition (RFC), that demands extensive data collection on all loan applicants.

The overarching question at hand of section 1071: is it truly protecting the entrepreneurs who are supposed to be protected against bias or is it drowning them in red tape and potentially eliminating financing provider options?

The section 1071 rule mandates lenders gather a comprehensive dossier on every borrower, from demographics like gender, race, and even sexual orientation to business activities and detailed financial history. Supporters laud it as a powerful weapon against discriminatory lending, offering the CFPB crucial insights to level the playing field.

Critics, however, paint a different picture. They argue the rule imposes a suffocating burden, particularly for smaller lenders, ultimately doing little to help businesses secure funding. They warn the mountains of paperwork and compliance costs could drive lenders out of the market, further squeezing access to capital for the very businesses the rule seeks to protect.

Enter the Revenue Based Finance Coalition (RBFC), representing a rising segment of the

financial technology world specializing in revenue-based financing models. These models, where lenders share in a percentage of a business's future sales rather than requiring traditional collateral, have become increasingly popular with all types of businesses including restaurants, e-commerce, Saas, manufacturing, and many other early-stage ventures.

The RBFC has taken a firm stance against the 1071 rule, filing a lawsuit challenging its legality and excessive burdens on its members. They argue the rule's data demands threaten to stifle these very models, potentially depriving promising businesses of vital funding.

The legal battle promises to be long and complex, with far-reaching consequences for both lenders and borrowers. The outcome will determine whether the rule stands or falls, significantly impacting the landscape of small business lending. This is not just a fight about data collection; it's a fight for the future of innovation and access to capital for the engine of the American economy.

Funder Intel, a platform deeply invested in the success of small businesses and financial technology innovation, stands firmly behind the need for solutions that empower entrepreneurs while fostering a healthy lending environment. As the court case unfolds, we will stay tuned and continue to champion policies that strike the right balance between consumer protection and the freedom for innovation to thrive.


bottom of page