VP Fintech Lending Counsel (Hybrid)

Work Arraignment:

***The preferred work locations for this position are Sioux Falls, SD or Wilmington, DE, with a hybrid schedule. Candidates outside of these preferred locations may be considered based on role requirements and business needs.***

At The Bancorp, we’ve spent more than 25 years driving innovation in the financial services industry. As one of the first banks to embrace fintech, we combine technology, expertise and a forward-looking approach to deliver creative, real-world solutions. We work side by side with our partners to help them grow and innovate with confidence. Across Fintech Solutions, Institutional Banking, Commercial Lending and Real Estate Bridge Lending, we provide the people, processes, technology and banking capabilities that turn bold ideas into outcomes. 

Join a team that brings urgency and rigor to every challenge and plays a direct role in driving growth for our clients and the communities we serve.

The VP Fintech Lending Counsel role, as a member of the Legal Department of The Bancorp, Inc. and its subsidiary, The Bancorp Bank, N.A. (collectively, “The Bancorp”), provides practical legal advice and support for The Bancorp’s Fintech sponsored lending activities. This role reports to the Director, Lending Counsel, and will collaborate with product teams, risk and compliance partners, external Fintech partners, and other Legal Department members to support Fintech credit-related products, lending partner relationships, and strategic initiatives in a highly collaborative and solutions-oriented environment.

We define fintech partnerships. The Bancorp does more than enable payments innovation. We work side by side with clients, combining deep expertise with a technology-forward approach to deliver creative, practical solutions. We don’t settle for what’s possible today. We look ahead to what’s next, helping clients grow and innovate with confidence.

• Advises internal business clients on sponsored lending products (both consumer and commercial) issued by The Bancorp, with a focus on Bank-Fintech partnership models, including product design, implementation, servicing, and ongoing program support.
• Engages as an embedded legal partner to product, compliance, risk management, and operational stakeholders in the development, review, enhancement, and ongoing support of Fintech sponsored lending programs, in a manner that advances business objectives while complying with applicable law, regulation, and supervisory guidance.
• Drafts, reviews, and negotiates sponsored lending program agreements, servicing agreements, loan sale agreements, customer-facing agreements, marketing materials, customer disclosures, and ancillary documentation with Fintech partners, service providers, and other external business partners, escalating complex or strategic issues to the Director, Lending Counsel, or other senior legal leaders, as appropriate.
• Interprets statutes, regulations, supervisory guidance, enforcement activity, and case law applicable to The Bancorp’s sponsored lending activities, and provides clear, practical, and operationally executable legal advice to internal clients.
• Supports legal and regulatory risk assessments for new and existing Fintech credit programs, including advising on remediation plans, control enhancements, issue management, and risk mitigation strategies in collaboration with compliance and risk management colleagues.
• Tracks legal, regulatory, legislative, and marketplace trends impacting Fintech credit products, Bank-Fintech partnership models, consumer and commercial lending, and emerging credit-related business models, and communicates concise, business-oriented updates to impacted internal stakeholders.
• Interfaces professionally with external business partners and outside counsel, and helps advocate for The Bancorp’s business objectives, risk management expectations, and strategic initiatives.
• Collaborates with other members of the Legal Department on cross-functional legal projects, management committee materials, reporting, and other duties as assigned by the Director, Lending Counsel.

• Law degree from an accredited law school.
• License to practice law and in good standing in at least one U.S. jurisdiction.
• 5+ years of experience in banking, financial services, and Fintech law, working at a law firm, or in-house at a financial institution or Fintech, with an emphasis on advising financial institutions or Fintech companies on Bank-Fintech lending partnerships, credit programs, installment loans, Earned Wage Access programs, Buy-Now-Pay-Later programs, or other Fintech credit platform products.
• Demonstrated experience advising on the launch and implementation of Fintech lending products (including Bank-Fintech partnership models) from product design through execution, and ongoing program support.
• Strong experience working collaboratively with cross-functional product, operational and risk management stakeholders, providing practical, solutions-oriented legal guidance that supports business objectives, while addressing legal, regulatory, and supervisory requirements, and accounts for operational realities. Must be able to communicate effectively with non-attorneys and attorneys at varying organizational levels.
• Deep working knowledge of laws and regulations applicable to consumer and/or commercial lending and Fintech credit programs impacting open-end and closed-end credit, including TILA and Regulation Z, ECOA and Regulation B, FDCPA and Regulation F, FCRA and Regulation V, Military Lending Act, Servicemembers Civil Relief Act, Earned Wage Access laws, Buy-Now-Pay-Later requirements, small-dollar lending laws, state lending and servicing laws, UDAAP principles, and related supervisory guidance.
• Experience drafting or negotiating Bank-Fintech partnership agreements, service provider agreements, credit program terms and conditions, consumer disclosures, commercial credit documentation, or related ancillary documents.
• Familiarity with bank regulatory expectations for third-party risk management, compliance management systems, model risk, fair lending, financial crimes prevention, payment network rules, and regulatory examinations.
• Excellent verbal, written, and interpersonal communication skills, with the ability to manage multiple priorities and produce accurate, professional work product under time constraints.
• Ability to work with highly confidential and sensitive business information and maintain high standards of confidentiality.

Travel Expectation

• Occasional travel. Quarterly travel may be required, including periodic travel within the United States for internal meetings, external partner meetings, or conferences.

What Success Looks Like

• Provides timely, practical, and well-reasoned legal advice that enables responsible growth of The Bancorp’s Fintech sponsored lending activities.
• Seamlessly integrates with product teams, compliance and risk partners, and external stakeholders.
• Demonstrates strong judgment by identifying material legal and regulatory risks, escalating appropriately, and helping internal and external business partners develop workable solutions.
• Produces clear, accurate, and business-oriented legal work product, including agreements, disclosures, issue analyses, and stakeholder updates.

Why This Role Matters

This role supports The Bancorp’s delivery of responsible and innovative Fintech sponsored lending solutions, while maintaining strong legal, regulatory, and risk management discipline. The position is designed to be closely integrated with product teams and cross-functional control partners, helping The Bancorp advance strategic credit initiatives while meeting the regulatory obligations and expectations applicable to a financial institution.

This job will be open and accepting applications for a minimum of five days from the date it was posted.

Working at The Bancorp Bank, N.A. and Benefits Information: https://thebancorp.com/company/join-our-team/

Company Culture at The Bancorp Bank: https://www.thebancorp.com/company/company-culture/

The Bancorp Bank, N.A. is an EQUAL OPPORTUNITY EMPLOYER and will not discriminate on the basis of race, color, religion, gender, gender identity, sexual orientation, pregnancy, citizenship, national origin, age, disability, genetic information, veteran status or other protected category with respect to recruitment, hiring, training, promotion, and other terms and conditions of employment.

Employment with The Bancorp Bank, N.A. includes successfully passing a background check including credit, criminal, education, employment, OFAC, and social media background history.