DFPI orders online platform to cease offering crypto-related products
On December 21, the California Department of Financial Protection and Innovation (DFPI) announced it has ordered an online platform offering several crypto-related services and products to desist and refrain from violating the California Securities Law and the California Consumer Financial Protection Law. According to DFPI, the company, which is registered with the California Secretary of State, offers services including (i) a peer-to-peer loan brokering service in which it claims that loans are secured by borrowers’ crypto assets; (ii) an interest-bearing crypto asset account that promises a fixed annual percentage rate yield; and (iii) an interest-bearing fiat account that promises a fixed annual percentage interest rate return. DFPI maintained that the company engaged in unlicensed loan brokering by offering and providing brokering services for personal loans made from one consumer to another (known as peer-to-peer lending), and conducted the unregistered sale of securities, in which consumers’ assets were pooled together with the stated purpose of generating passive returns. DFPI claimed that the company was and is not registered to offer investment contracts or to operate in this capacity with any relevant authority. Finding that these peer-to-peer lending services and interest-bearing accounts violate state law, including a prohibition against engaging in unlawful acts or practices, DFPI ordered the company to stop offering the services and products in California.