You're talking "legally", I'm talking "functionally". I'd rather it just worked - and not quibble - but I will!
I guess you forgot the several times that Traveler caught Prosper helping themselves to excessive fees from lenders, and that despite Prosper promises to repay the money in a stated short time period, it actually took many months, and a complaint to regulators before Prosper did so.
Sorry, that was 3-4 years ago, and I remember zero details about the incident, but it was fixed, right?
And how about Prosper's unilateral and legally unauthorized switch from Penncro to AmSher on existing loans.
The way I remember it happening - again, this was what, 3 years ago? - is that an alternative agency
was enlisted in an attempt to improve collections, since many people, including Prosper, I'm supposing,
thought PennCro was not doing a good job, or at least wanted to test out another agency to see if it
could do any better. So I think the way they had it written into the LRA was such that the collection
agency was sort of "hard coded" into the agreement (ie, they'd not left themselves room to move the
collection efforts to another agency, without running up against the agreements). I didn't care - and
neither did most people, as AmSher's performance was not something anyone wanted to hang on to...
It pretty much turned out that PennCro didn't do much of a better job since the loans were fairly hard,
so, when they call up some broke guy with an ("old") NC or High Risk or even AA, not much leverage...
For example, how about the "New Agency Test" (Prosper's test litigation project), in which Prosper induced lenders to "sell" their loans back to Prosper for $0.00 and a pro rata share of the net recovery by making various promises, such as that the NAT would be conducted diligently and that Prosper would provide the opting-in lenders with a monthly accounting of the project. We all know how that turned out (the NAT was a complete cluster-fuck, and Prosper still hasn't provided a single "accounting").
Lenders were offerred a choice of taking the last JDB offer (highest price was like $.02 on the dollar,
and that was only for loans to homeowners, since the JDB's were already seeing awful performance,
and were catching on to the fact that the junk debt market was flooded even though they still held
out some kind of hope for their own ability to be selective as they were offering like a penny for the
loans that prosper lenders had made to non-homeowners - and DOUBLE that price for homeowners!),
OR opting in to a legal test initiative that Doug Fuller was going to run where he'd cherry pick some
loans where he thought he could sue and get a recovery (ie, there was something there to recover).
I think it wound up being like 66 loans, and, I don't know, but I suspect that for a couple of reasons,
like maybe to comply with the LRA's (which had JDB's "hard-coded") and to shore up legal "standing",
they needed to buy the loans back from lenders, on paper, at $0, for those who opted against $.02.
You'll get no argument from me that Fuller promised (with much bluster) way more than he delivered,
though, I don't think this was malice aforethought on his part, just "out of his domain of experience".
Had he been working with traditional loans from a traditional old-school lender, it may have worked...
For whatever reason, it didn't, and you'll also get no argument from me that the guy didn't admit it...
Though again, I think there were probably some mitigating factors that were out of his control there.
Still, functionally, no money was no money and no updates were no updates, and yeah, that sucked.
Chris Larsen was still giving media interviews claiming a 2.x% (then a 5.x%) default rate, using a completely bogus methodology long after it was obvious to everyone with any knowledge that those claims were nothing but a fraud.
As the default rates went up on the bucket of loans he was talking about he revised them upwards?
I don't think you're going to get an indictment for "Not only did he tell the truth, he kept it current!"
(I do understand that your real complaint is that he mostly talked about higher credit quality loans.)
(I just don't think it makes any sense to fault the guy for essentially encouraging less risky lending.)
Eh... this is mostly sour grapes on memory lane.
-t