This is a great discussion.
One of the things that concerns me is how do many of us invest in Upstart when its business and risks are not clear, and are not easy to understand…
Among the risks listed in their 10-k, the following seems significant to me. That is, if the regulatory authority, central or any state, decides against upstart to operate, or to limit it in many ways, then it could take significant time to get that corrected and restart their business. Some such sudden news could come out one day and lead to a significant loss of stock price --is my interpretation and concern.
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Our business is subject to a wide range of laws and regulations, many of which are evolving, and failure or perceived failure to comply with such
laws and regulations could harm our business, financial condition and results of operations.
The legal and regulatory environment surrounding our AI lending platform is relatively new, susceptible to change and may require clarification or
interpretive guidance with respect to existing laws and regulations. The body of laws and regulations applicable to our business are complex and subject to
varying interpretations, in many cases due to the lack of specificity regarding the application of AI and related technologies to the already highly regulated
consumer lending industry. As a result, the application of such laws and regulations in practice may change or develop over time through judicial decisions
or as new guidance or interpretations are provided by regulatory and governing bodies, such as federal, state and local administrative agencies.
Since we launched our AI lending platform, we have been proactively working with the federal government and regulatory bodies to ensure that
our AI lending platform and other services are in compliance with applicable laws and regulations. For example, after significant collaboration with the
Consumer Financial Protection Bureau, or CFPB, the CFPB issued Upstart the first no-action letter in 2017 and, upon its expiration, we received a second
no-action letter regarding the use of our Al model to underwrite and price unsecured closed-end loans. The current no-action letter expires on November
30, 2023, unless terminated by the CFPB earlier for one of the bases provided for by the no-action letter, and we can provide no assurance that the CFPB
will continue to permit us to operate under its current no-action letter policies beyond that date, or will not change its position regarding supervisory or enforcement action against us in the future. Further, this no-action letter does not extend to other credit products offered on Upstart’s platform. We plan to
continue working and collaborating closely with regulators to provide visibility into AI and related emerging technologies and the potential benefits such
technologies can have on the consumer lending industry, while also addressing the related risks. New laws and regulations and changes to existing laws and
regulations continue to be adopted, implemented and interpreted in response to our industry and the emergence of AI and related technologies. As we
expand our business into new markets, introduce new loan products on our platform and continue to improve and evolve our AI models, regulatory bodies
or courts may claim that we are subject to additional requirements. Such regulatory bodies could reject our applications for licenses or deny renewals, delay
or impede our ability to operate, charge us fees or levy fines or penalties, or otherwise disrupt our ability to operate our AI lending platform, any of which
could adversely affect our business, financial condition and results of operations.
Recent financial, political and other events may increase the level of regulatory scrutiny on financial technology companies. Regulatory bodies
may enact new laws or promulgate new regulations or view matters or interpret laws and regulations differently than they have in the past, or commence
investigations or inquiries into our business practices. For example, in February 2020, we received a letter from five members of the U.S. Senate asking
questions in connection with claims of discriminatory lending made by an advocacy group. We responded to this inquiry, and in July 2020, three of the
Senators issued their findings from this inquiry, writing a letter to the Director of the CFPB recommending the CFPB further review Upstart’s use of
educational variables in its model and requesting that the CFPB stop issuing no-action letters related to the Equal Credit Opportunity Act, or ECOA. We
have been subject to other governmental inquiries on this topic including an inquiry in June 2020 from the North Carolina Department of Justice. See the
risk factor titled “—We have been in the past and may in the future be subject to federal and state regulatory inquiries regarding our business” for more
information. Any such investigations or inquiries, whether or not accurate or warranted, or whether concerning us or one of our competitors, could
negatively affect our brand and reputation and the overall market acceptance of and trust in our AI lending platform. Any of the foregoing could harm our
business, financial condition and results of operations.
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