Federal Trade Commission v. Lending Club Corporation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FEDERAL TRADE COMMISSION, Case No. 18-cv-02454-JSC

8 Plaintiff,

ORDER RE: PRIVILEGE DISCOVERY

9 v. DISPUTE

10 LENDING CLUB CORPORATION, Re: Dkt. No. 109 Defendant. 11

12 13 Now pending before the Court is the parties’ joint discovery letter brief. (Dkt. No. 109). 14 FTC seeks an order compelling Lending Club to produce draft loan application flows that Lending 15 Club tested on live consumers after the commencement of this litigation, but ultimately did not 16 adopt. After considering the parties’ letter brief, and having held oral argument on November 7, 17 2019, FTC’s motion is denied. 18 FTC initiated this lawsuit against Lending Club in April 2018 alleging, in part, that 19 Lending Club’s representation of “no hidden fees” was deceptive because the origination fee was, 20 in effect, hidden. Prior to the filing, the FTC provided Lending Club with a draft proposed 21 consent order. Later in 2018, Lending Club’s outside counsel initiated and led a project, known…