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Under the rule, those companies will be considered larger participants,” and the Bureau may oversee their activity to ensure they are complying with federal consumer financial laws, including the Equal Credit Opportunity Act, the Truth in Lending Act, the Consumer Leasing Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (Dodd-Frank Act) prohibition on unfair, deceptive, or abusive acts or practices.
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Under the Oasis Agreement,” the tort plaintiff was characterized as the Seller” and the litigation finance company was labeled as the Purchaser.” The Oasis Agreement specified that the seller-plaintiff would not receive any proceeds until the purchaser-company received the Oasis ownership amount.” At the same time, the Oasis Agreement prominently stated that if the seller-plaintiff ultimately did not recover anything in the lawsuit, then the purchaser-company would receive nothing as well.
Oasis and LawCash contended that they were involved in asset purchases” and investments” because, among other things, they took on the risk of complete loss.” Oasis and LawCash maintained they had purposely structured their agreements as sales and assignments of assets” and the agreements explicitly stated that the litigation finance transactions were not to be considered loans.