Huge blow dealt to the “Payday Loan Ordinance” in Texas (and more to come!)

Huge blow dealt to the “Payday Loan Ordinance” in Texas (and more to come!)

by The CAB Man Texas on March 21, 2017

Around March 1st a huge blow was dealt to the “Payday Loan Ordinance” in Texas.  The news came out that an Austin court had ruled in favor of Credit Access Businesses in (2) lawsuits related to the ordinance where the City of Austin was sued.  In those cases, the court ruled that the ordinances were “preempted” by State law in several ways. Preemption is something that we as a group have been after for a very long time and we are pleased to see that our industry got its day in court.  The consumer advocate groups who have been pushing the ordinance on cities should be on notice that the truth is starting to get out.  All that has happen is for the cities to enforce the ordinance.

Many of you may not know the truth, which is that the cities have not been enforcing their ordinances.  This is a deliberate tactic to avoid being sued by Credit Access Businesses. It is also likely that they have no staff or budget to allocate to the endeavor which is worth mentioning as well.  Each city is given a payday loan city ordinance “playbook” that gives them the tactics and methods for enacting the ordinance along with how not to get sued.  If they do not enforce then the payday companies have no legal grounds to sue on because they have not actually been “harmed.”

Well, the City of Austin went beyond its rights and decided to go in and examine and cite two Credit Access Businesses – Advance America and Speedy Cash.  This was the first instance that I know of where a city has enforced and cited a company for not abiding to the ordinance.  So, the first time a city goes in and enforces an ordinance what happens?  They get sued and lose!  This simple scenario is one that should resonate with all cities who have passed an ordinance and with those who are looking at it.  Austin happens to have its act together and enjoys a pretty decent legal budget – if they can lose then anyone can lose.

Cities should know that there is now a very real legal risk for them – their city councils will be embroiled in lawsuits and will have to consider retaining outside legal counsel to defend themselves.  Council members who know that they have been charged with real responsibilities such as protecting water, investing in infrastructure, maintaining police strength, and providing general safety for their citizens know that they are way outside the lines when telling someone how much money they can borrow and how long they can have to pay it back.  It seems incredibly absurd to me.  For many of you it would be like having the city tell you that you can only have a car that costs $10,000 or less and you must pay it off in (6) payments. Also, you can only have one car!  It is literally the same thing.  What if you have the cash to simply pay $40,000 for a car?  What if you have a spouse that you want to buy a car for?  That example plus a hundred more can be made – and what it does is blow a gaping hole in the practicality of the “Payday Loan City Ordinance.”  That is where the whole thing should have stopped years ago.

But now the cold hard truth has landed on the desks of anyone involved in this matter – the court has ruled in favor of Credit Access Businesses.  Cities now need to decide what they are going to do.  They need to be asked publicly, “Are you going to enforce this ordinance?”  If they say “No,” then won’t that mean they are effectively rolling back the ordinance?  If so, Credit Access Businesses will be able to go back to offering the kinds of credit that consumers in the ordinance cities need and want.  Won’t this be an improvement over being told they must drive 15 minutes down the road or get on their smartphone to request a loan from an unlicensed unregulated offshore lender in the Bahamas?

What if they say “yes, we are going to enforce the ordinance?”  Then Credit Access Businesses will be given the chance to defend themselves like Speedy Cash and Advance America did. What they will simply do is execute a transaction that violates the ordinance, then take that one transaction down to the City and “self-report” the violation.  At that point the city must act and if they do cite the Credit Access Business then they will turn around and sue the City.  What lies ahead will be a court decision that will resemble that of the court orders in Austin.

CABs are already sufficiently regulated by the Office of Consumer Credit Commissioner.  We have 20-30 page contracts for a $300 loan!  We adhere to a long list of federal and state rules and regulations (all in our contract package) and our complaint percentages on the state and federal levels are fractional on a complaint to loan basis.  I believe in Texas the complaint percentage is .000153% (yes that is three zeroes!).  Our CABs abide by a 90-point CAB Examination checklist that we obtained from the OCCC.  TOFSC members tune in to a weekly conference call every Wednesday where we talk about CFPB and OCCC compliance, share ideas, and try to safeguard our businesses.  We are small business owners banded together to try and survive the ordinances.  In the last (4) years CABs have shrunk from over 3,500 in Texas to about 2,200 that is a 37% decrease in CABs.  That is thousands of jobs lost, thousands of leases broken, a significant loss in tax dollars for cities, and a loss of livelihood for many.  All of that and the demand has not decreased (check OCCC data and consumer reports for online inquires in ordinance cities the data is there if you want to do some homework) although there has been a 37% decrease in stores.

TOFSC Members are tuned in to this issue and we are ready to fight to save our businesses and to bring the access to credit back to consumers in ordinances cities that is desired.  Cities should prefer that legal, licensed, and regulated businesses serve their citizen’s needs.   C’mon cities – let’s bring it back to the CABs and let the cities focus on their big priorities!

See the links below for the court orders.  For media inquiries – feel free to call Michael Brown at 214-293-8676, or email me at Michael@CreditAccessBusiness.com.  Michael is the President of the Texas Organization of Financial Service Centers (“TOFSC”) which is a trade group comprised of small to mid-sized Credit Access Businesses in Texas.  As well, he is President of CAB Consulting, a consulting firm that offers startup, licensing, compliance, and operating guidance to payday businesses in Texas and other states.

https://drive.google.com/open?id=0B2eRFUSSFqhzaXJfa19FbmRuRmc

https://drive.google.com/open?id=0B2eRFUSSFqhzWjUwZkxRaWMwVjQ

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CFPB issued the final Payday Loan Rule today

CFPB issued the final Payday Loan Rule today

by The CAB Man Texas on October 5, 2017

CFPB Rule came out today.  It is 1,600+ pages and I am hearing from folks on it but no one knows a lot at this point.  I need to start reading and as I connect with others to learn more I will of course relay what people are saying.

Effective date is 21 months after date of publication in the Federal Register. I do not know when it was or when it will be in the Federal Register.  As far as who it covers and what kinds of loans it applies to, I need to look.

Here is the link:

https://s3.amazonaws.com/files.consumerfinance.gov/f/documents/201710_cfpb_final-rule_payday-loans-rule.pdf

This blog post was written by Michael Brown, President of CAB Consulting and the Texas Organization of Financial Service Centers.  He can be reached at 214-293-8676, or Michael@CreditAccessBusiness.com.

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House Bill 420

House Bill 420

by The CAB Man Texas on March 4, 2013

This bill, written by Farias, pertains to “requiring that certain notices and disclosures be provided by Credit Access Businesses in foreign languages.” In addition to the current English disclosures that are being provided by Credit Access Businesses to consumers, disclosures in Spanish would be required, as well as other additional languages not yet named. The state may end up listing the languages required and will provide the forms. Would go into effect 9-1-2013. The components of the disclosures would likely be similar to the OCCC Consumer Disclosures in use now.

Click here to view a PDF version of the bill! HB.420.

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Banks Getting Out of Payday Loans – Too Much Heat!

Banks Getting Out of Payday Loans – Too Much Heat!

by The CAB Man Texas on January 23, 2014

Over the course of the last several years in different legislative and regulatory settings the topic of banks and their offering of payday loan services to consumers has been discussed and many know of its existence. Some have said that the banks would put the payday loan industry out of business. Well, ahem, it is now in the news that Wells Fargo, US Bank, Fifth-Third Bank, and Regions Bank will no longer be offering Payday Loans to their customers…

I have heard this topic discussed many times and usually by two parties. The first is the consumer advocates; they tout the morality and ethics of the banks and suggest that “banks should offer payday loan services to consumers so they are not taken advantage of by predatory lenders.”

Today, the irony with the termination of the programs at the big banks is that consumer advocates of a different kind have actually managed to cause regulations to be so tight on banks who offer the products, that the banks are making the decision to terminate the programs. Either the opposing consumer advocate groups aren’t communicating or their message cannibalized the topic so much that it killed the product! The lesson here: going for the over-hyped non-empirical consumer advocates and their tear jerking stories will promptly cause an increase in regulation, a decrease in consumer choice, and a decrease in competition. All educated parties agree this hurts the American consumer.

The second group who is pleased to contribute opinions on this issue is representatives of the “payday industry.” They have always said “we welcome the competition.” Today, we are all also saying “I told you so.”

It has always been the general opinion of my peers and I that banks would not survive the payday loan endeavor. We knew that either the regulators would cause the banks too much brain damage or the banks would shut the programs down due to losses or not enough profit. Remember: banks earn $35 in NSF fees on a bounced check which in some cases can result in an APR of 1,600%. Why on earth would they want to operate a program that earns only 200% and causes them all of the regulatory headache?

Give our industry some credit – we run businesses that stand up to assaults from a multitude of angles, yet we still survive and serve customers daily with a smile. Customers sometimes do not pay on their loans! People write bad checks, some outright steal, others defraud! Banks do business with us less and less, consumer advocates hiss and point fingers, regulators get angry, and then the media stokes all the flames.

But in the end, the plain and simple fact remains that many Americans have to claw and fight on a daily basis just to survive. These are our customers, and they truly do need our services. All of the fanfare, ordinances, media stories, heavy regulation, and taxation, cannot change the fact that the need remains, and that it even grows for that matter…

The cruel twist to consumers is that the very regulators, government agencies, and consumer advocates that claim to be fighting for a better outlook are many times the ones that cause the economic harm that sends the average American to a payday store in the first place! Do not forget that the actions of those named above so often cause the job loss, the decreased incomes, or higher health care costs we so often hear about.

My comments on the matter are done for the day thank you for visiting www.CreditAccessBusiness.com! As always, Michael Brown of CAB Consulting can be reached via email at Michael@creditaccessbusiness.com, or via phone at 214-293-8676.

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Information for Texas CSO’s on Credit Access Business licensing

Information for Texas CSO’s on Credit Access Business licensing

by The CAB Man Texas on September 13, 2011

There’s decent list of new requirements that the Texas CSO needs to know about when they are applying for their new Credit Access Business license this fall.  Substantial input has been provided by many CSO’s in Texas as far as the new rules go, and recently I attended two stakeholder meetings in Austin at the Capitol Building to contribute my thoughts.

In the past I have not been to such a meeting and so I was all ears. At the beginning I wasn’t sure if the atmosphere was going to be contentious, if the members of the Finance Committee were going to be friendly, or if they were truly seeking input. I have heard of some heated confrontations on the House floor so I was kind of expecting the same. But, it was actually very co-operative, and the stakeholder input was asked for more often than it was given believe it or not.

From a high level – the OCCC is going to dig a little deeper this time around and take a close look at both sides of your business model versus your prior CSO application. Information about owners all the way down to 5% may be asked for, and they want important information for the lender as well.  Reports are going to need to be submitted quarterly, there are new ways that you must disclose information to consumers, and certain procedures will be required that have not been mentioned before.  And, there’s going to be several more fees charged to the licensee.

All in all, the forum in Austin was warm, and the word “flexible” was used often by the OCCC board members.  An example of the OCCC listening to stakeholder input and their being flexible was in regards to the request for Credit Access Businesses to provide their contract forms with their CAB application. This request was met with concern, the concern was expressed, and as a result the documents will not be required with the application.

October 21 is the next date CSO’s need to be aware of – OCCC will be firming up proposed rules and rules changes.  I will keep everyone posted on my blog – looking forward to your return.

Questions?  Feel free to call me! Michael Brown at C.A.B. Consulting and Brokerage (214-293-8676).

 

{ 2 comments… read them below or add one }

Luis g Garcia May 21, 2013 at 4:40 am

I need info about the CAB licence what the cost you charge for this license I ready to open Mr title loans and pay day loans en eagle pass tx but I need you help to fix the premises or licenses

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admin August 10, 2013 at 7:41 am

214-293-8676 call us first for an exploratory call

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Senate Bill 1247 from Senator John Carona

Senate Bill 1247 from Senator John Carona

by The CAB Man Texas on March 7, 2013

SB 1247:

This bill was authored by Senator John Carona, and is “relating to certain extension of consumer credit facilitated by credit access businesses, providing a civil penalty.” This 18 page bill is the longest one so far in the session relating to CABs. See below for an organized break down in simple language.

Debt collection:

No threats, coercion, or attempts to coerce that employ threats of violence, or false accusations.

Must not state that a customer is willingly refusing to pay when the debt is being disputed and notification of dispute has been made in writing.

Cannot threaten to sell the debt or place the debt with a collections agency, an assert that this will somehow subject the customer to less desirable collection activities, unsavory collectors, etc.

No threats that the debtor will be arrested for nonpayment, or threats to file a charge, complaint, with no real violation of criminal law.

Cannot threaten that nonpayment will result in repossession or sale of the vehicle with proper court proceedings.

Cannot reference the fact that the consumer previously signed certain certifications, and what penalties might arise from breaking those certifications. (references a new section of Texas Finance Code, Chapter 393.630)

Limits on re-financing:

A “CSO” cannot broker a loan in any other form except a “deferred presentment transaction” or a “motor vehicle loan” that meets the recently evolved definitions of those terms. (Sections 393.634 through 393.637). Make note that this addresses CSO’s not Credit Access Businesses (“CABs”).

Any refinance by a “CSO” of a payday or title loan may not include an increase of the loan. This would be important for CABs who are offering “line of credit” style loans, loan increases, credit lines, add-ons, upsizes, etc.

A CSO doing a refinance must be authorized under Subchapter G, and meet all the requirements of Subchapter G that originally apply in this scenario, except for if Subchapter G specifically said it is not authorized.

Notices:

A CAB will be required to post a notice that lets customers know “Extended Payment Plans” are available. The notice will also need to be available as a handout as with the OCCC Consumer Disclosures.

OCCC Consumer Disclosures will remain a requirement, and they will need to be provided prior to performing CAB services. There is a revision to existing OCCC Consumer Disclosures in that the name of the CAB and their license # must now be on the document.

Military Borrowers and their dependents:

The definition of a “military borrower” is fine tuned by stating that the term includes a “covered member” or a “dependent” of a covered member, as those terms are defined by 10 USC Section 987.

Loans to Military borrowers cannot be go over 90 days as a deferred presentment/payday loan and cannot go over 180 days on an auto title loan.

General restrictions:

If a customer gets a new loan within 5 or less days of paying off a prior loan, this is considered a refinance.

CAB loans cannot go over 180 days.

CABs must give the customer a copy of the consumer loan documentation.

CABs must give the customer copies of all required notices (OCCC Consumer Disclosures and Extended Payment Plan).

All of the required notices and disclosures must be provided in Spanish if customer requests, or if the agreement was discussed in Spanish.

The actual executed agreement between the CAB and the consumer must be written in English.

If the customer agrees to it in writing, the customer’s loan may be sold to another CAB. If this occurs the transaction limits remain the same as originally agreed except for the 180 day limit.

The sale of the debt is to be treated as a refinance, and a new 180 day term would be granted.

Before working out the loan with a customer, a CAB must consider whether the customer has the ability to repay the loan in full or if they would be able to pay any refinances.

Limits on the # of loans a consumer may have:

This applies to payday loans, not auto title loans.

A consumer may only have 1 loan out with a CAB.

If a consumer wants a loan via a CAB, they must sign a written certification stating that they:

Have no other loans out with any other CAB.

Have not had an extended payment plan with a CAB in the last 14 days.

Have not defaulted on a CAB loan in the last 30 days.

A consumer would not be considered in default until their loan is 10 days past due.

A CAB must verify that the consumer is not falsifying the written certification, to the best of the employee’s ability.

In order to “verify” the consumer is being truthful, the CAB employee would need to consider all information shared by the consumer during the negotiation. The employee would need to closely review the documents and records presented during that process that are traditionally consulted during the normal course of CAB business today. This would likely be CRA reports and bank statements.

A consumer or CAB who violates this section would face a civil penalty of $1,000 for each incident.

The Finance Commission will have some later input on the implementation of CAB operating rules for this section.

Limitations on auto title loans:

The proceeds from a sale of a repossessed vehicle will satisfy all debts of the consumer.

Consumers are not liable for the debt after repossession and sale, unless they have committed fraud when getting the loan.

“Any” fee charged to a consumer for the repossession of their vehicle must be “reasonable.”

Proof of income and proof of vehicle value:

A CAB must require documentation to establish income with one of the following: paystub, paycheck, bank statement, credit report, tax return, W2, letter from employer, or another possible document from the Finance Commission.

CABs will need to keep copies of the income documents.

CABs must establish “retail value” on a motor vehicle for a title loan by referring to a recognized appraisal guide (NADA) or agree in good faith to the vehicle’s value.

Local ordinances pre-empted:

The local ordinances regulating CABs or CAB transactions are “pre-empted” because they are not within the “political subdivision’s standard zoning or police powers.”

Limits on single payment payday loans:

If a consumer’s annual income is $29,437 or less (125% of the federal poverty level for a family of four), their loan cannot exceed 25% of their gross monthly income. This translates to a maximum of $613.

$23,550 x 125% = $29,437/12 = $2,453x.25 = $613 maximum loan amount.

If a consumer’s income is above 125% of the federal poverty level for a family of four and they are not military borrowers, they will be allowed to take out loans at a maximum of 35% of their gross monthly income. 125% of the federal poverty level for a family of four is $29,437 annually and $2,453 monthly. 35% of that translates to a maximum of $858.

Single payment payday loans cannot be for less than 10 days.

Single payment payday loans cannot be refinanced more than 4 times.

If a consumer refinances a single payment payday loan 4 times the CAB shall offer an extended payment plan.

Consumers will not be offered the extended payment plan if they have had 2 extended payment plans in the last 12 months.

Extended payment plans can be requested on or after the date of the 4th refinance.

Extended payment plans can only be requested on or before the date the payday loan must be paid in full, it cannot be past due.

Limits on multi-payment payday loans:

The sum of all scheduled payments due in a month cannot exceed 15% of the consumer’s gross monthly income if that consumer’s annual income is $29,437 or less (125% of the federal poverty level for a family of four).

$23,550 x 125% = $29,437/12 = $2,453x.15 = $367 maximum monthly payment.

If a consumer’s income is above 125% of the federal poverty level for a family of four and they are not military borrowers, they will be allowed to take out multi-payment loans with a maximum monthly payment of 20% of their gross monthly income. 125% of the federal poverty level for a family of four is $29,437 annually and $2,453 monthly. 20% of that translates to a maximum monthly payment of $490.

May not be payable in more than 12 installments and the loan agreement for these transactions must specify the number, date, and total amount due with regard to each installment.

Must be payable in fully amortizing, declining principal balance basis, with substantially equal payments.

The first installment payment after the initial loan funding may not be due before 10 days have passed.

Installment payment dates may not be less than 14 days apart.

Installment payment dates may not be more than 31 days apart.

Can only be refinanced one time.

The combined total of days the loan can be extended to via a refinance is 270 days.

Extended payment plans are not required with multi-payment payday loans.

Limits on single payment auto title loans:

Cannot exceed 6% of the consumers annual gross income, if the consumer’s income is below 125% of the federal poverty line for a family of four. That figure is $29.437.

$23,550 x 125% = $29,437×6%= $1,766 maximum loan amount.

If a consumer’s income is above 125% of the federal poverty level for a family of four and they are not military borrowers, they will be allowed to take out a single payment auto title loan with a maximum amount of 8% of their gross annual income.

Loan amounts also cannot exceed 70% of the retail value of the vehicle.

Loans and loan payments must be due in at least 30 days, no less.

May not be refinanced more than 6 times.

An extended payment plan must be offered to a consumer before initiating any activities to repossess the vehicle.

Consumer may request the extended payment plan at any time on or after the date the consumer refinances the loan for the 6th time, and on or before the date the loan must be paid in full, cannot be past due.

The extended payment plan must comply with Section 393.638.

Multi-payment auto title loans:

A scheduled payment cannot exceed 15% of the consumer’s gross monthly income, if the consumer’s income is below 125% of the federal poverty line for a family of four. That figure is $29.437.

$23,550 x 125% = $29,437/12×15%= $367 maximum monthly payment.

If a consumer’s income is above 125% of the federal poverty level for a family of four and they are not military borrowers, they will be allowed to take out a multi-payment auto title loan with a maximum monthly payment amount of 20% of their gross monthly income.

Loan amounts also cannot exceed 70% of the retail value of the vehicle.

Must be payable in fully amortizing, declining principal balance basis, with substantially equal payments.

May not be payable in more than 6 installments, and the loan agreement for these transactions must specify the number, date, and total amount due with regard to each installment.

The first installment payment after the initial loan funding may not be due before 10 days have passed.

Payments must be no less than 30 days apart.

Can only be refinanced one time.

The combined total of days the loan can be extended to via a refinance is 270 days.

A CAB may not initiate any repossession activity on customer vehicles before offering the consumer an extended payment plan. Must comply with Section 393.638.

Extended payment plans:

This is referred to as Section 393.638 in various other sections of the bill.

For single payment loans – must be 4 equal installments.

For single payment loans – after the 4 equal payments the balance will be paid in full.

For multi-payment loans – must be 2 additional equal installments

For multi-payment loans – after the equal payments the balance will be paid in full.

For single payment payday loans – the # of days between extended payment plan payments cannot be less than in the original agreement.

For multi-payment auto title loans – the # of days between extended payment plan payments cannot be less than 30 days.

The first payment of an extended payment plan may not be less than 10 days from plan request date.

A CAB cannot charge additional fees or interest or help consumer get a new loan while in the plan.

A consumer may pay the debt in full at any time while in the plan without prepayment penalties.

Debt collection and repossession activities cannot occur while a consumer is in compliance with the plan.

Refinance definitions:

A refinance or renewal of a CAB loan is considered made on the date the CAB loan being refinanced or renewed was made.

The Finance Commission may adopt any rules necessary to implement the restrictions and limits outlined in this bill.

Would goes into effect 9-1-2013.

Click here for a PDF of SB 1247! SB.1247

This website, its blogs, summaries, and comments are not official comments of Texas regulators and lawmakers. CAB Consulting and Brokerage is a privately held firm and has generated these materials as a service to Credit Access Business stakeholders in Texas. For questions, please contact Michael Brown at 214-293-8676 or Michael@CreditAccessBusiness.com.

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El Paso City Council Passes Ordinance (again?)

El Paso City Council Passes Ordinance (again?)

by The CAB Man Texas on January 8, 2014

Yesterday the El Paso City Council voted to pass the Payday Loan Ordinance for the second time (did it last Jan also). This is another case where Consumer Advocate groups have dominated the conversation and as a result more regulation is put into place that takes away options for consumers. I am concerned that this ordinance will actually result in more defaulted payday loans and auto title loans.

By limiting the # of payments consumers can make on these loans, you lock them into higher payments, and without the option to refinance any longer the loans will go into default with higher frequency. Defaults result in NSF fees at the bank, and also in repossession of the vehicle in case of auto title loans. El Paso caved to pressure and put something into place that is half-baked. Just because other cities have done similar does not make the passage of ordinances the final solution. Will see how it impacts the businesses, they will move outside of El Paso city lines, or come up with a product that is outside of the rules within the ordinance. Consumer demand will be met.

Let me hear from you on this, every client I know is flexible on regulations but the project needs to be based on data and definition of the true problem. The industry and consumers would be better suited by one set of rules set by State lawmakers.

Michael Brown is a President of CAB Consulting and Brokerage; he specializes in the Payday and Auto Title Loan Industry, call or email him anytime! 214-293-8676 or Michael@CreditAccessBusiness.com.

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Credit Access Business License renewals due by no later than December 31st

Credit Access Business License renewals due by no later than December 31st

by The CAB Man Texas on December 28, 2016

Credit Access Business (“CAB”) License renewals with the Texas Office of Consumer Credit Commissioner (“OCCC”) are due by no later than December 31st.

You absolutely positively cannot miss this deadline. If you do, you will likely lose your license and have to re-apply for a new one. That is not the biggest problem – if you do not renew then you do not have a license, you have an expired license.  And, during the time that you operate with an expired license you could be forced to return all of the fees you collected.

Use OCCC’s online portal called “Alecs” to do the renewals.  It takes a matter of minutes to login and do it!

Here is the link to the website:  https://alecs.occc.texas.gov/

This blog post was written by Michael Brown, President of CAB Consulting and the Texas Organization of Financial Service Centers.  He can be reached at 214-293-8676, or Michael@CreditAccessBusiness.com.

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House Bill 1886

House Bill 1886

by The CAB Man Texas on March 6, 2013

This bill was authored by Farias, and is “relating to requirements applicable to certain CSO’s and certain extensions of consumer credit. This is about restricting payday and auto title loans.

The bill is quite extensive, a total of 12 pages in all. It first begins by redefining a deferred presentment transaction to also include loans paid back in installments. As well, there is emphasis in the bill regarding the CSO statutes on motor vehicle title loans and their definition. A “motor vehicle title loan” means a loan in which an unemcumbered motor vehicle is given as security for the loan.

Moving on in the bill there are more items that address many existing rules and regulations such as: No prepayment penalty, FDCPA, No criminal charges, Military, Lender info and interest, Itemization of charges, CAB charges, OCCC info. There is nothing really new in the bill from that point until it gets to the matter of Consumer Disclosures will now be required to be available in Spanish as well as English. In Section 6 of the bill, CSO’s are addressed. Section 6 says CSO’s may not arrange or get paid for any kind of loan for a consumer that is not a deferred presentment transaction or a motor vehicle loan. The bill goes further to include additional existing rules and regulations until the Section 393.625 and Military borrowers. It adds additional language stating that CABs may not assist consumers in obtaining loans over 90 days for deferred presentment, and over 180 days if for a motor vehicle title loan.

In Section 14 of the bill there are restrictions and limits, fees, and loans. The bill states that the total amount due on a deferred presentment loan + interest + CSO-CAB fees cannot exceed 20% of the consumer’s gross monthly income. The bill then also states that the total amount due on a motor vehicle title loan principal + interest + CSO-CAB fees cannot exceed 3% of the consumer’s annual gross income, and cannot exceed 70% of the retail value of the vehicle. The monthly gross income rule in this bill would result in a decrease in the average loan amount that many Texas consumers typically receive via CABs. By adding the CAB fee and lender interest to the number that is applied to the gross monthly income, loan amounts in Texas could shrink 20-30%. Next, comes the address of refinances, which would be limited to 3 in the case of single payment loans, and each refinance would have to include at least a 25% paydown towards the principal on the loan so that the loan is paid in full in four or fewer payments. And, there’s a “cooling off period” of sorts, where loans made 7 days or less after a recent payoff, are considered refinances.

Act would go into effect on 9-1-2013.

Click here for a PDF of HB 1886! HB.1886

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