when you guys bitch and moan about shit like this, it does nothing but undermine complaints about things that are legitimately wrong. try to relax.
-t
But, oddly enough, deceptive marketing is more likely to result in serious consequences for Prosper than incompetence.
like catching the eye of the SEC and/or lawsuits?
The effective, functional, difference, between an SEC registered peer to peer lending company and an SEC unregistered peer to peer lending company is as follows (which alters net risk profile not one whit, and makes the entire case hinge upon proving some sort of damage, beyond mere lack of registration):
Before registration, lenders were subject to the exact same idiosyncratic risks on a per borrower basis.
"Choose to lend money to borrowers who wind up not paying you back and you lose what you lent out."
After registration, lenders were subject to the same idiosyncratic risks on a per borrower basis, except that now, due to the corporate structure necessitated by the labeling of the notes as "securities", the lenders are subject to a NEW risk, that of operational risk of the p2p lending company itself, as "notes" are now a general obligation of the company, and not a general obligation of the individual borrowers...
Pre registration: Lenders <-> Borrowers
Lenders own debt obligations of individual borrowers. Risk is that borrowers do not pay back the loans.
Post registration: Lenders <-> Prosper <-> Borrowers
Lenders own debt obligations of Prosper, Prosper owns borrower debt obligations. Same risk as before, except that now there's the added risk that, if anything happens to Prosper, there go all the "notes"...
So, from a functional analytic perspective, the loans were safer before the SEC stepped in to baby us.
All else is greed talking.
-t