5 fintechs that got into legal hot water in 2023

Fraud, false promises and clashes between founders were some of the troubles that sent fintech companies into legal turmoil in 2023. The most prominent case was the breakdown of JPMorgan's relationship with Frank, the college financial-planning website it acquired in 2021 that reportedly concocted millions of fake users. Several other neobanks and finance apps ran into bumps — albeit with fewer headlines — after colleagues brought lawsuits or a government agency levied fines.

The fallout between JPMorgan Chase and Frank is one that struck Nate Viebrock, counsel at Bradley Arant Boult Cummings, as resonant this year. 

"We represented a few banks that ran into some issues with the business practices of a fintech post-merger," he said. That included situations where a business-to-business fintech's clients would have raised red flags for the bank if it had conducted a more thorough due diligence. He recalls one case where a bank purchased a fintech before one of the fintech's major customers went bankrupt. Viebrock hopes to see heightened due diligence among financial institutions buying fintechs going forward, "so they are not dealing with extensive fallout once the deal is done and can't unwind it," he said.

Here is a look back at five legal cases involving fintechs that American Banker covered in 2023.

Charlie Javice, former Frank founder
Charlie Javice, founder of Frank, arrives at federal court in New York on July 13, 2023.
Yuki Iwamura/Bloomberg

JPMorgan Chase and Frank

The relationship between JPMorgan Chase and college financial-planning site Frank blew up at the beginning of 2023.

News broke in January about a lawsuit that JPMorgan Chase filed the month before, alleging that it was defrauded by Charlie Javice, the founder of Frank. The bank paid $175 million to acquire Frank in September 2021 on the premise that it had 4.25 million customer accounts. The vast majority were fabricated, according to the complaint. Javice filed her own lawsuit against Chase the next day, countering that Chase launched "groundless investigations" into her conduct to deny the compensation it owed her.

In August, a federal judge ruled that Chase's fraud lawsuit against Javice will be put on hold until she's been tried on criminal charges. In October, Javice claimed in a court filing that Chase was not sticking to a May court order requiring it to pay for her legal defense. Javice's trial date was set for October 2024.
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Daylight was founded in 2020 by CEO Rob Curtis (left) and Billie Simmons (right), along with co-founder Paul Barnes-Hoggett.

Daylight

A neobank for the LGBTQ community folded in June following employees' allegations of discrimination and fraud.

Three former Daylight employees filed a lawsuit in federal court in March alleging age and wage discrimination, whistleblower retaliation and fraud, including feeding false data to investors, New York magazine reported in March. The article mentioned that it was at least the second employee lawsuit filed against Daylight.

The company ceased operations at the end of June, which CEO Rob Curtis blamed on the company's failure to scale amid a rising interest rate environment in a blog post. In an email to American Banker, Curtis said that the lawsuits had "no material impact" on the decision to cease operations. He also told American Banker via email that Daylight was in conversations about the acquisition of its brand and cardholders.

Curtis did not respond to a request for comment via LinkedIn. His LinkedIn tag line reads "Award winning serial entrepreneur building controversial products that the world needs." His title: co-founder, Stealth Mode Startup Company.
The Greenwood team. Ryan Glover, CEO and co-founder of Greenwood, is second from left.
Greenwood Financial and The Gathering Spot will retain a commercial partnership agreement going forward, according to the Greenwood team. Ryan Glover, CEO and co-founder of Greenwood, is pictured second from left.

Greenwood and The Gathering Spot

A neobank and the company it acquired to broaden its suite of customer benefits resolved the dispute that bubbled over this year, but have since parted ways.

On December 15, Greenwood Financial, a banking app for Black and Latino customers, announced the spinout of The Gathering Spot, a network of private clubs that it acquired in 2022. Earlier in 2023, TechCrunch reported that Ryan Wilson, CEO and co-founder of TGS, filed a complaint against Greenwood that alleged the company engaged in "intentional misconduct to breach its purchase agreement." Greenwood countered in June, saying that the TSG co-founders had misconstrued the contract agreement and disregarded their "own bad conduct that perpetuated the alleged breaches that they complain of now," according to TechCrunch. Wilson filed another complaint in July against Greenwood, alleging various missed payments from the company because of financial issues verging on insolvency.

The two companies released a joint statement in July saying they had resolved their dispute and that TGS will continue to operate as an independent subsidiary of Greenwood under the leadership of its co-founders, Wilson and T'Keel Petersen. The spinout means that TGS is now an independent entity under the leadership of its founders, which acquired majority ownership of the company; Greenwood retains the largest minority stake.

"Moving forward, Greenwood and TGS will retain a commercial partnership agreement to ensure Greenwood Elevate members will have access to TGS locations … and TGS members have the option to utilize Greenwood's portfolio of financial products and services," said a Greenwood spokesperson in December.
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Amber Buker, CEO of Totem, is pictured at left. Richard Chance, the former chief technology officer of Totem, is at right.

The co-founders of Totem

A feud between the co-founders of Totem, a neobank for Native Americans, spilled over as the brand debuted its consumer accounts to the public this past summer.

On July 24, Richard Chance, chief technology officer at Totem, filed a petition with the District Court of Tulsa County in Oklahoma against Totem Technologies and its founder and CEO, Amber Buker, seeking 20% ownership interest in Totem — something Chance says he was promised but has since been denied — and damages of $75,000 for financial losses and mental and emotional stress. He alleged that Buker blocked his access to company software and information technology on July 12 and threatened legal action for misappropriating company intellectual property.

In a counter-petition filed on August 31, Buker claimed that she fulfilled all promises she made to Chance, but Chance did not meet the performance milestones set in the restricted stock purchase agreement he signed. Her petition also says he misappropriated trade secrets by storing Totem source code on his personal GitHub repository, among other violations of his contracts.

"Despite being contractually forbidden from doing so, Chance erased and destroyed all Company property and data from the equipment and devices that he returned weeks after his termination," the filing reads. "Further, the extent to which Totem's code and other Proprietary Information and Trade Secrets continue to be stored on Chance's personal GitHub or other personal devices and has been, or continues to be duplicated, shared or otherwise misappropriated, is currently unknown." Totem reported suffering damages in excess of $75,000.
federal trade commission ftc
Andrew Harrer/Bloomberg

The FTC vs. Brigit

The Federal Trade Commission is putting nontraditional credit providers on notice.

In November, the FTC levied an $18 million penalty against Brigit, a consumer finance app, alleging the company misled customers about the amount of money they could access via cash advances and locked them into paid subscription plans that were burdensome to cancel. The FTC's action against Brigit is one of several it has initiated in recent years against companies extending some form of credit, suggesting that it is an enforcement priority and an area where fintechs specializing in nontraditional credit need to tread carefully — including when they hedge their bets by advertising payouts "up to" a certain ceiling.

Brigit said at the time that it "strongly disagree[s]" with the allegations.

"The FTC's claims are factually inaccurate, misunderstand our business and go against everything we have worked so hard to build on behalf of our customers," a spokesperson said via email in November. "We are confident that we would have prevailed had this case gone to trial, under the facts and the law. Nevertheless, we have decided to settle this case with the FTC because it is in the best interest of our customers and employees to put this matter behind us. We remain focused on our mission to promote sustainable financial health for the people who need it most."

The review website Overdraft Apps found that in November, the cost to borrow from 16 popular cash advance apps averages $19.08, a 24% jump in costs compared to April. Brigit is seventh in Overdraft Apps' list of cash advance apps, ranked from the least to most expensive places to borrow $100.
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