Limits of ILCs and state-federal complexity

Welcome back to Fintech Recap. I’m Alex Johnson, joined (as always) by my partner in recapping, Jason Mikula. Even if we aren’t sailing to BaaS Island, the news keeps flooding in.

We kick off with crypto market structure, which nearly cleared Congress before imploding. The Clarity Act would’ve locked in broad crypto rules, including limits on stablecoin yield. Banks had momentum to close a key Genius Act loophole (until Coinbase pulled support at the last second). The backlash was swift: other crypto firms were blindsided, lawmakers were furious, and Brian Armstrong ended up in Davos, facing off with Jamie Dimon (who, reportedly, told him to stop lying on TV). 

Then it's onto banking charters. NewBank got conditional OCC approval. Ford, GM, and PayPal all made ILC moves. Affirm filed in Nevada, citing "flexibility and diversification," but this is about control. With rising scrutiny on partner banks and consent orders in the air, a charter gives Affirm cleaner economics and regulatory insulation. Like Square and LendingClub before it, the goal is clear: own the balance sheet, shift volume gradually, and keep options open.

From there, Capital One’s surprise acquisition of Brex for $5B. Most commentary focused on the exit. More interesting is what CapOne wants: startup spend volume and a wedge into high-growth business banking. Integration will take time, and as Ramp scales faster on a leaner model, pressure around ROI will be mounting.

Plus, in our Can't Let It Go corner, we look at fintech's dumbest lawsuit: Prism v. TomoCredit. A fake cash flow underwriting product. A stolen trademark. Fabricated and backdated blog posts. An agreed settlement … that Tomo then refused to sign or memorialize. Meanwhile, the site still takes credit card details from consumers who can't unsubscribe. And somehow, it's still going!

This episode is brought to you by Plaid. 

Plaid helps lenders approve more creditworthy borrowers without taking on more risk, combining real-time cash flow data with behavioral insights. It’s a fast, familiar experience people trust, and that actually converts. Learn more at www.plaid.com/ftt

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