Dave Issues Statement in Response to Amended FTC Complaint and Provides Update on New ExtraCash Fee Structure
December 31 2024 - 7:30AM
The Department of Justice (the “DOJ”), on behalf of the Federal
Trade Commission (the “FTC”), filed an amended complaint in its
lawsuit against Dave Inc. (“Dave” or the “Company”) on December 30,
2024. This is not a new lawsuit, and it is typical for the DOJ to
take over litigation of this type. The allegations in the lawsuit
have not changed in substance. We believe that the amendment simply
adds a claim for civil money penalties (“CMPs”) without any support
and adds Jason Wilk, Founder and CEO of Dave, as a defendant
without any basis. We believe the amended complaint is a continued
example of government overreach and includes numerous allegations
that are based on various inaccuracies.
The DOJ must prove that there was knowledge of the alleged
violation of the law to obtain CMPs. We believe that we have always
acted within the law, and we have continued to rely on the fact
that other government agencies have previously reviewed the
Company’s business model without taking action. We take compliance
and consumer transparency very seriously, and we intend to
vigorously defend ourselves in this matter.
Furthermore, since optional tips seemed to be a primary focal
point of the complaint, we are providing an update on our
simplified mandatory fee structure. The new fee structure
eliminates optional tips and express fees for the Company’s
ExtraCash product. As discussed on Dave’s third quarter 2024
earnings call, this new fee structure was the next step in the
evolution of the Company’s business model that was taken in the
ordinary course. Following positive customer feedback and adoption,
all new Dave members onboarded on or after December 4, 2024 have
been transitioned to this new fee structure and the transition of
existing members is underway. Based on strong initial results,
which suggest enhancements to member lifetime value, the Company
expects to complete the full implementation of its new fee
structure in early 2025.
Overall, the Company’s outlook remains positive, and we look
forward to sharing our results and a more substantive update during
our fourth quarter earnings call in early March.
About Dave
Dave (Nasdaq: DAVE) is a leading U.S. neobank and fintech
pioneer serving millions of everyday Americans. Dave uses
disruptive technologies to provide best-in-class banking services
at a fraction of the price of incumbents. Dave partners with Evolve
Bank & Trust, a FDIC member. For more information about the
company, visit: www.dave.com. For investor information and updates,
visit: investors.dave.com and follow @davebanking on X.
Forward-Looking
Statements
This press release includes forward-looking statements, which
are subject to the “safe harbor” provisions of the U.S. Private
Securities Litigation Reform Act of 1995. These statements may be
identified by words such as “feels,” “believes,” “expects,”
“estimates,” “projects,” “intends,” “remains,” “should,” “is to
be,” or the negative of such terms, or other comparable terminology
and include, among other things, statements relating to the DOJ’s
lawsuit against Dave, transition to a new fee structure for Dave’s
ExtraCash product, Dave’s outlook and any other statements about
future events. Such forward-looking statements are not guarantees
of future performance and are subject to risks and uncertainties,
which could cause actual results to differ materially from the
forward-looking statements contained herein due to many factors,
including, but not limited to: the ability of Dave to compete in
its highly competitive industry; the ability of Dave to keep pace
with the rapid technological developments in its industry and the
larger financial services industry; the ability of Dave to manage
risks associated with providing ExtraCash advances; the ability of
Dave to retain its current Members, acquire new Members and sell
additional functionality and services to its Members; the ability
of Dave to protect intellectual property and trade secrets; the
ability of Dave to maintain the integrity of its confidential
information and information systems or comply with applicable
privacy and data security requirements and regulations; the
reliance by Dave on a single bank partner; the ability of Dave to
maintain or secure current and future key banking relationships and
other third-party service providers, including as contemplated by
the previously announced letter of intent to form a strategic
partnership with a potential bank sponsor; changes in applicable
laws or regulations and extensive and evolving government
regulations that impact operations and business; the ability to
attract or maintain a qualified workforce; level of product service
failures that could lead Dave Members to use competitors’ services;
investigations, claims, disputes, enforcement actions, litigation
and/or other regulatory or legal proceedings, including the DOJ’s
lawsuit against Dave; the ability to maintain the listing of Dave
Class A Common Stock on The Nasdaq Stock Market; the possibility
that Dave may be adversely affected by other economic factors,
including fluctuating interest rates, and business, and/or
competitive factors; and other risks and uncertainties discussed in
Dave’s Annual Report on Form 10-K filed with the Securities and
Exchange Commission (the “SEC”) on March 5, 2024 and subsequent
Quarterly Reports on Form 10-Q under the heading “Risk Factors,”
filed with the SEC and other reports and documents Dave files from
time to time with the SEC. Any forward-looking statements speak
only as of the date on which they are made, and Dave undertakes no
obligation to update any forward-looking statement to reflect
events or circumstances after the date of this press release.
Investor Relations Contact
Sean Mansouri, CFAElevate IRDAVE@elevate-ir.com
Media Contact
Dan Urypress@dave.com
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