Prosper eliminates state rate caps

Following Lending Club's lead, Prosper has opened up to borrowers in almost all states and eliminated state rate caps. All loans now have a maximum rate of 36%. The only exception to the nationwide plan is Texas (limited to 10% interest for personal use loans and 18% for business use loans) and South Dakota (cannot borrow).

Previously borrowing was not permitted in some states (like Nevada) and was restricted to businesses in some states (like North Carolina) and had very low rate caps in some states (like Pennsylvania). Prosper was able to eliminate rate caps by partnering with WebBank, a Utah-chartered Industrial Bank. Lenders do not technically lend directly to borrowers. Instead, they make a loan purchase commitments and purchase a promissory note from Prosper which represents the loan made by WebBank. WebBank assigns the loan to Prosper. WebBank is the same bank Lending Club uses to service their loans. All the legal details are on the state licenses page.

In addition to removing state rate caps, Prosper has made several other changes and upgrades.

• Minimum instant transfer amount lowered to $50 - If you install Prosper’s Facebook application, you can instantly transfer funds from your bank account to your Prosper account as long as you have at least $100 in active loans. Previously transfers would take a couple days to go through unless you transferred more than $500 at a time.
• Second loan criteria updated - The new rules for whether a borrower is eligible for a second loan are dependent on the borrower’s credit grade, and the factors taken into consideration include time since last loan originated, consecutive months of on-time payments, and whether the borrower’s credit grade has dropped or not. The total cumulative value for all of a borrower's loans is $25,000.
• Lender servicing fee for AA increased to 1% per annum - Just three months after raising fees for borrowers, Prosper is also increasing the servicing fee for lenders. Previously the fee for AA loans was 0%. All the details are on Prosper's fees and charges page.
• Listing durations standardized at 7 days - The listing creation process has been simplified and listing durations are all now 7 days.

Lending Club eliminates state rate caps

A variety of different state by state rates and regulations for borrowers on Prosper and Lending Club have slowed the adoption of p2p lending throughout the United States. For example, if you check out Prosper’s state licenses and lending limits chart you can see that borrowing is not permitted for those that live in some states (like Nevada) and is restricted to businesses in some states (like North Carolina) and has very low rate caps in some states (like Pennsylvania). This can be very confusing for borrowers. In fact, we highlighted Pennsylvania in an article a couple months ago - Pennsylvania borrowers avoid Prosper.

Pennsylvania, for example, is the sixth most populous state with over 12 million people. Based on their state lending laws, Prosper only allows loans to borrowers residing in Pennsylvania at 6% and below. Rather than helping borrowers get a good interest rate the practical effect of this legislation has been to prevent borrowers from obtaining a loan. According to LendingStat's loan breakdown by state, only 21 loans have been made to Pennsylvania borrowers ranking them a distant #43 despite their large population. Almost all of these 21 loans are for the minimum loan amount - $1,000.

Some people have attempted desperate measures to obtain a p2p loan despite the rate caps. Eric, who runs deepmarket.com, tried to get a loan on Prosper despite an 11% cap on loans from Virginia. He even offered double interest on the side by immediately paying lenders through PayPal but his loan still did not fund.

Lending Club has finally eliminated all this confusion – they are available to borrowers in all states and are not bound by state interest rate limits any more. In the official announcement, Lending Club CEO Renaud Laplanche said, “We went National today, 6 months after the launch of our Facebook application and 3 months after the limited opening of our public website at http://www.lendingclub.com/.” He estimates that this will open up their platform to an additional 108 million borrowers.

From May 24 to December 14 Lending Club has issued 505 loans worth nearly $4 million. Prosper, which has been around longer, has issued over $100 million in loans. While Lending Club is now available to many more borrowers they still limit borrowing to users with a FICO score over 640. They have had over 4,000 loan applications worth $36 million which have been disapproved.

Read more here:
TechCrunch - P2P Loans GainingTraction. Lending Club Goes Nationwide
Mashable - Lending Club 6 Months Later: Does Peer-Lending Work?
CenterNetworks - Lending Club Now Offers Loans in All States; Releases Six-Month Loan Data
Technically Speaking - Lending Club is now live nationwide in all 50 states

Disclosure: I currently blog for Lending Club. Read my Lending Club posts here.

Pennsylvania borrowers avoid Prosper

If you are a lender on Prosper you can bid on loans from any state. The story is much different for borrowers. Each state has a different maximum authorized interest rate which can be found on the Prosper state licenses and lending limits chart. This has slowed the growth of peer to peer lending and angered borrowers from rate capped states.

Pennsylvania, for example, is the sixth most populous state with over 12 million people. Based on their state lending laws, Prosper only allows loans to borrowers residing in Pennsylvania at 6% and below. Rather than helping borrowers get a good interest rate the practical effect of this legislation has been to prevent borrowers from obtaining a loan. According to LendingStat's loan breakdown by state, only 21 loans have been made to Pennsylvania borrowers ranking them a distant #42 despite their large population. Almost all of these 21 loans are for the minimum loan amount - $1,000.

Pennsylvania's Pittsburgh Post Gazette interviewed Prosper founder Chris Larsen and published an article about the loan caps and Prosper in today's paper - Peer-to-peer lending sites a growing presence on the Web. Here's the excerpt dealing with Pennsylvania's rate cap:

"For Prosper.com, business has been hampered so far in Pennsylvania by a state statute that sets a maximum interest rate of 6 percent annually on loans of less than $50,000. That makes it hard for Pennsylvania borrowers to attract lenders on the site, Mr. Larsen said.

State and federal laws have carved out exemptions that allow banks and other entities in the state to charge more than 6 percent, but Pennsylvania regulators are still determining whether Prosper.com qualifies.

'We're trying to work with regulators, but it takes time,' Mr. Larsen said.

CircleLending said the 6 percent ceiling 'has not come up as an issue' because lenders know borrowers and are more interested in helping out than making a hefty return.

The Pennsylvania Department of Banking had little to say about the peer-to-peer lending business, other than the agency has noticed significant growth recently.

Officials are examining whether this new type of lending operation should be required to be licensed in the state, spokeswoman Heather Tyler said last week.

For now, she said, 'As always, the banking department urges consumers to use caution and do their homework in selecting a financial service provider.'"

The Pennsylvania loan cap has frustrated many borrowers who have vented in the forums. Borrowers have asked, "Is it possible to get a loan in PA?" Another borrower, Gibsound, started a thread called Pennsylvanians against PA STATE CAP of 6%. He said, "Now don't get me wrong. I love Pennsylvania. However I don't like the state cap of 6%." Jack Talalai who is active on the Prosper forums and works in Pennsylvania's banking industry explained the legislation behind the rate caps is based on the Loan Interest and Protection Law. From the tone of borrowers, it looks like they are tired of being 'protected'.

Update (4/15/2008): Prosper raised the rate cap for all states to 36%
Update (9/2008): Pennsylvania lenders booted from Prosper