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Author Topic: NASAA announces: National Settlement with Prosper Marketplace, Inc.  (Read 12366 times)
Urbi_et_Orbi
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« Reply #15 on: December 01, 2008, 05:34:47 PM »

So then where's the sanction (i.e penalty) for the regulators in all the states that allowed Prosper to "illegally" sell the "unregistered securities" and failed to protect investors (if that's their charter).  It's not like Prosper didn't go state by state and ask them.  40+ states were all wrong on the same issue?  That doesn't inspire confidence in the oversight organization.  We all saw the process where initial Prosper was available to issue loans in some states and later in more...

That is certainly an interesting point.
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bamalucky
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« Reply #16 on: December 01, 2008, 05:44:01 PM »

Sounds to me like this group is a blackmail group & didn't pass anything on to the duped investors..


Rainbow coalition?
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Elmslice
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« Reply #17 on: December 01, 2008, 05:49:22 PM »

So then where's the sanction (i.e penalty) for the regulators in all the states that allowed Prosper to "illegally" sell the "unregistered securities" and failed to protect investors (if that's their charter).  It's not like Prosper didn't go state by state and ask them.  40+ states were all wrong on the same issue?  That doesn't inspire confidence in the oversight organization.  We all saw the process where initial Prosper was available to issue loans in some states and later in more...

That is certainly an interesting point.

A securities regulator would probably respond that they never "allowed" Prosper to do anything since Prosper never made any attempt to register their securities.

To the extent that Prosper had state licenses, they were lending licenses only.  Prosper made loans (either themselves or through a banking partner) which was all that their lending licenses allowed them to do.   

Prosper's interaction with the so-called "lenders" (i.e., us) was where they went wrong.  When Prosper entered into an agreement to pay a portion of principal and interest on the loan to "lenders" in exchange for a payment/investment from the "lender," they created a security.   Prosper never asked permission from any state or federal agency to do this, they just did it. 

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beerbud1
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« Reply #18 on: December 01, 2008, 05:55:00 PM »

This thread is Lobby worthy
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onthefence
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« Reply #19 on: December 01, 2008, 06:00:13 PM »

Sounds to me like this group is a blackmail group & didn't pass anything on to the duped investors..

Read the announcement again. 

http://www.nasaa.org/NASAA_Newsroom/Current_NASAA_Headlines/9906.cfm
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Prosper also agreed to pay a fine totaling $1 million to the states.

Those are government fines.  This appears to be a slap on the wrist.  They are not trying to shut prosper down (OK, maybe temporarily), but what they do want is proper abidance of the laws.
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Mtnchick
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« Reply #20 on: December 01, 2008, 06:09:48 PM »

Who gets the $1M fine money and how is it distributed? I'm confused on this.......
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« Reply #21 on: December 01, 2008, 06:16:49 PM »

Sounds to me like this group is a blackmail group & didn't pass anything on to the duped investors..

Read the announcement again. 

http://www.nasaa.org/NASAA_Newsroom/Current_NASAA_Headlines/9906.cfm
Quote
Prosper also agreed to pay a fine totaling $1 million to the states.

Those are government fines.  This appears to be a slap on the wrist.  They are not trying to shut prosper down (OK, maybe temporarily), but what they do want is proper abidance of the laws.

Instead of sucking up a million dollar fine (payable to the States), how about seeking restitution on behalf of the lenders.  After all, we are the "victims" of Prosper's illegal activities.
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beerbud1
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« Reply #22 on: December 01, 2008, 06:20:17 PM »

Sounds to me like this group is a blackmail group & didn't pass anything on to the duped investors..

Read the announcement again. 

http://www.nasaa.org/NASAA_Newsroom/Current_NASAA_Headlines/9906.cfm
Quote
Prosper also agreed to pay a fine totaling $1 million to the states.

Those are government fines.  This appears to be a slap on the wrist.  They are not trying to shut prosper down (OK, maybe temporarily), but what they do want is proper abidance of the laws.

Instead of sucking up a million dollar fine (payable to the States), how about seeking restitution on behalf of the lenders.  After all, we are the "victims" of Prosper's illegal activities.
Ira   maybe you could e-mail them with a nice request and see if you could get lenders some of that money:
http://www.nasaa.org/About_NASAA/Corporate_Office_Staff_List/
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tmullin1217
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« Reply #23 on: December 01, 2008, 06:27:07 PM »


http://www.nasaa.org/NASAA_Newsroom/Current_NASAA_Headlines/9906.cfm
Quote
Prosper also agreed to pay a fine totaling $1 million to the states.

Those are government fines.  This appears to be a slap on the wrist.  They are not trying to shut prosper down

All y'all may commence crying in your beer...
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Urbi_et_Orbi
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« Reply #24 on: December 01, 2008, 06:27:48 PM »

Is it common for a company to make such a "settlement" with a third-party group, while an action is still pending by the harmed party?
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GLeaderAccountantsChoice
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« Reply #25 on: December 01, 2008, 07:08:14 PM »

Is it common for a company to make such a "settlement" with a third-party group, while an action is still pending by the harmed party?

PMI has a civil liability to the "lenders" of the platform.  PMI had a liability to the states' because it broke their laws collectively.  PMI also "owes" the SEC (the SEC can, via administrative proceedings as provided in the 1933 Act, invoke stop orders, injunctions, and criminal sanctions etc.).

... no, I'm not a lawyer.
« Last Edit: December 01, 2008, 07:10:20 PM by GLeaderAccountantsChoice » Logged



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evisha
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« Reply #26 on: December 01, 2008, 07:10:30 PM »

Well, the Rosen law firm is starting their class action suit.

http://prosperclassaction.files.wordpress.com/2008/12/prosper-complaint.pdf
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bamalucky
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« Reply #27 on: December 01, 2008, 07:35:43 PM »

Well, the Rosen law firm is starting their class action suit.

http://prosperclassaction.files.wordpress.com/2008/12/prosper-complaint.pdf

Anybody know any of those people?
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AmexFan
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« Reply #28 on: December 01, 2008, 07:40:28 PM »

I've heard of the Ed guy, and the Larsen guy.

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onthefence
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« Reply #29 on: December 01, 2008, 08:03:51 PM »

Well, the Rosen law firm is starting their class action suit.

http://prosperclassaction.files.wordpress.com/2008/12/prosper-complaint.pdf

Any chance we can get a text version of that complaint?
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