It is a question the customer service people at Prosper and Lending Club hear all the time. Why doesn’t my state allow me to invest? Now, I am not an attorney but I have been doing some research that I think many readers will find useful. I have found out that unfortunately, there is no one answer to that question.
I spent some time in the past couple of weeks talking with all kinds of people on this topic. I have spoken with people at Lending Club and Prosper and also with the securities regulators in several states. I came away from these discussions feeling somewhat negative about the whole thing.
In some ways I feel sorry for the legal people at Lending Club and Prosper. Every state has different requirements and some states make it so difficult that they are effectively excluding themselves from p2p investors. As laws stand right now it would be virtually impossible for any p2p lender to create a model that would please every state. So, what are the problems with the states that don’t allow p2p lending? [Read more…]