Some clues as to what the CFPB might initially be focused on as they wade into the Payday Industry

Some clues as to what the CFPB might initially be focused on as they wade into the Payday Industry

by The CAB Man Texas on April 11, 2014

Today my good friend Max Wood at Borrow Smart Alabama shared the CFPB Blog of Ballard Spahr LLP, called the “CFPB Monitor.” Max and Borrow Smart are at the forefront of the CFPB issue and his compliance efforts via Borrow Smart alongside Ballard Spahr have been way ahead of the curve.

As the CFPB evolves we get clues along the way of what might be expected. On April 7, 2014 CFPB General Counsel Meredith Fuchs released some clues in reference to several of the industry areas the CFPB is looking at, and of importance to Credit Access Business.com visitors, she made reference to “payday lending.” See below for an excerpt from Ballard Spahr’s CFPB Monitor Blog:

“Turning to payday lending, Fuchs cited the recent CFPB report in explaining that the CFPB remains concerned with consumers’ sustained use of short-term, small dollar loan products, the amortization of these products and the use of these products by the elderly and others that depend on fixed government benefits. While Fuchs vacillated on the specific timing for payday lending rule-making, she did indicate that the CFPB would continue to aggressively police the ACH, lead generators and other “choke points” that payday lenders rely upon to reach consumers. Given that the CFPB does not intend to commission any further studies analyzing the benefits of payday loans, we anticipate that the proposed rule will impose rigid, arbitrary limits on numerous payday loan features.”

It will be interesting to see how these fundamentals are addressed in the rules that eventually get put into effect. Many operators I know would agree that balanced and reasonable regulation that address the named concerns above.

Contact Michael Brown of CAB Consulting if you have comments or questions. Call 214-293-8676, or email Michael@CreditAccessBusiness.com!

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CFPB and Mick Mulvaney focusing in on Debt Collectors

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CFPB and Mick Mulvaney focusing in on Debt Collectors

by The CAB Man Texas on March 29, 2018

It was in the news over the last 24 hours that Mick Mulvaney and the CFPB will be centering their focus on Debt Collectors who have traditionally been in the #1 position, as far as complaints go.  For over two years, it was discussed by the payday industry that our group was, month after month, year after year, the industry with the biggest drops in complaint percentages.
The question was always asked, “Why would the CFPB invest so much time on an industry where the complaints are decreasing and are at a much lower level than many others?” Now that we have a level headed individual heading up the CFPB, we are beginning to see some very practical moves being made to re-focus the CFPB’s priorities around the source of the biggest complaints.  Along with that, it does appear that the CFPB is loosening its focus on the so called “payday loan industry.”  That is a good thing for Texans. The Office of Consumer Credit Commissioner is an experienced agency that is more than capable of regulating our space in Texas.
Here are some direct quotes from the Wall Street Journal piece:
The Consumer Financial Protection Bureau will team up with the Federal Trade Commission to police debt collectors as it shifts to a gentler form of enforcement under the Trump administration.
Mick Mulvaney sees debt collection as an enforcement priority
because the CFPB gets many consumer complaints about that industry, even as the bureau begins to ease its grips on other sectors such as payday lending.
ACA International, a trade association of debt collectors, “welcomes the news of close coordination between the CFPB and FTC,” a spokeswoman said. “We endorse the efforts of the CFPB and the FTC to target bad actors who engage in unlawful debt collection practices.”
“In 2016, almost a third of the complaints into this office related to debt collection. Only 0.9% related to prepaid cards and 2% to payday lending. Data like that should, and will, guide our actions,” Mr. Mulvaney wrote.

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Investment Opportunities in the Payday Loan Industry

Investment Opportunities in the Payday Loan Industry

by The CAB Man Texas on September 23, 2011

With over 3,000 registered payday loan businesses and an overall population of 25 million people, Texas represents one of the most prolific markets for payday lenders in the industry.

Not only that, but there are many large metropolitan clusters in Texas surrounding the large cities Dallas, Ft. Worth, Houston, Austin, and San Antonio.  There’s a saying in Texas that when the weather is hot, there’s nothing else to do but shop and eat. A typical street corner in Dallas has at least two banks and two fast food restaurants, so consumers are invited to get money and spend money just about every waking moment. Texas highways and byways are set up to prime the capitalistic consumer engine and breed success in the retail business. Intercity freeways are gigantic advertising corridors for anyone who wants to hang out their shingle, making this market a hotbed for business owners.

One such business that has been the beneficiary of that formula is the payday loan industry.  What formerly was a little known product based in check cashing stores or pawn shops, has grown into a professional, regulated, and mainstream industry.  In 2010, it was at $40 billion.

With all the instability in traditional cornerstone investments like the stock market and real estate, many investors have taken a look at the payday loan industry as an option.  The industry is tuned to adapt to the idiosyncrasies of the cash strapped, credit challenged consumer.  Payday loan businesses were built by adapting to many of the problems that Wall Street cannot.

Are you looking for something new?  Are you growing weary of the daily picture that CNN shows you of the beleaguered NYSE trader looking down at his desk after yet another hard plummet of the market?

Consider becoming a lender in the Texas payday loan business.  Reach out to C.A.B. Consulting and Brokerage if you would like to look into it.  We would be happy to tell you what we know and connect you with businesses looking for people such as yourself with money to invest.

Contact C.A.B. Consulting and Brokerage at cabconbrokerage@gmail.com or call us at 214.293.8676.

{ 2 comments… read them below or add one }

steve July 6, 2013 at 9:08 am

Hi
I own and run a small property brokerage and I have heard there are some excellent opportunities to offer investment into payday loan funding. Is it possible to send me some details, and any details of commissions that would be payable.

Thanks

Steve

Reply

Anonymous August 10, 2013 at 7:37 am

Certainly Steve. Returns of 12% – 18% are conceivable depending on a number of factors. Lots of issues to consider. lets explore…

Michael

Reply

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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

Reply

admin August 10, 2013 at 7:41 am

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

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Customer Benefit Programs – Get Competitive!

Customer Benefit Programs – Get Competitive!

by The CAB Man Texas on September 27, 2011

Payday loan businesses both large and small are doing a lot of things right, profits are strong and many have a very positive outlook.

But, what more can be done to improve the customer’s experience with your company?  Are payday businesses taking stock in what really matters to their customers beyond just the loan transaction?

Where is the customer going after they leave you?  What is going to be done with the money?  Just about all you need to know can be learned by following the trail before and after they come to see you.

Once you have studied customer behaviors, how about taking that knowledge and investing it in programs that are custom tailored to those pathways?  Create a full suite of customer programs that target the issues that cause customers to need your service in the first place. Then compliment that with programs aimed at your customer’s journey after they leave your store.

Examples of programs that might fit this mold: in-store instant bill payment, ATM, internet access for customers, credit improvement, debt consolidation, fax machine usage, rewards programs, gas cards, gift cards, lottery tickets, coupons, text communications, job boards, resume services, child care, health care services, legal representation, etc.

Seek relationships with 3rd party companies who have partner, referral, or affiliate programs.  You will not just be providing additional benefits to your customers, but you can also generate some serious revenue.  These companies are out there, I know of many and they are working hard every day to get involved with our industry.

Trusted payday lenders are uniquely positioned to improve the lives of their customers and a well organized array of programs will only further that value.  It will make your business competitive, interesting, and maybe even cool!  Think about the positive impact that will have on new customer flow, referrals, and bad debt…

There is a lot of legwork that goes into finding the right programs, and ideal 3rd party vendors.  C.A.B. Consulting and Brokerage does have existing relationships in these areas, if you would like to discuss options and learn more, email Michael at cabconbrokerage@gmail.com or call 214-293-8676.

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Credit Access Business License Update

Credit Access Business License Update

by The CAB Man Texas on October 13, 2011

The O.C.C.C. is getting very close to releasing the Credit Access Business License application. It could be another 7 to 10 days, if so that may be Friday, October 21, 2011.

The next O.C.C.C. Finance Committee meeting also happens to be on Friday, October, 21st 2011. In the meeting the “Consumer Disclosure Form for Credit Access Businesses” will be presented along with its accompanying rules. I was recently updated and given a sample document which illustrates some of the disclosures that will be required for a single payment payday loan. There will also be other versions and sample documents released for multiple payment payday loans, single payment auto title loans, and multiple payment auto title loans.

See below for a link to the document – take a look and tell me what you think. Again, this is only one sample and it is not for use in operations. Do you have any comments you wish to make about the disclosure form? Do you feel like this is too much information? Can you easily work this into your process? after you post your comments I will relay them to the Finance Committee.

OCCC.Sample.Disclosure.Form

Submit comments to me via email at cabconbrokerage@gmail.com

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The devil is in the details

The devil is in the details

by The CAB Man Texas on February 27, 2017

Check your work!  Last week my team and I released a blog about Carlos Uresti, a San Antonio based Senator whose offices had been raided by the FBI.  We happened to know that a politician by the name of Uresti in the San Antonio area had also written a bill that would attempt to “cap” all finance charges on Credit Access Business payday, installment, and auto title loans to 25% of the amount borrowed.  Being that I am a rabid defender of our CAB clients, I sprang on the name “Uresti” immediately and assumed he was the same man who had written the bill – which was House Bill 1733.

We made two mistakes on the blog post.  First, State Rep. Tomas Uresti wrote House Bill (“HB”) 1733 and Carlos Uresti did not.  Second, we should have known that a Senator would not write a “House Bill” because they are not in the “House,” they are in the Senate!    This was one day that our team totally messed up on the details – the blame is on me.

These errors were sharply pointed out to me and we pulled down the post right away.  We have a lot of people reading our posts and people count on us to relay information.  It is important to make sure we get them right. This oversight is a fresh reminder that the good old fashioned saying “the devil is in the details” is alive and well.

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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C.A.B. Consulting and Brokerage – Michael Brown

C.A.B. Consulting and Brokerage – Michael Brown

by The CAB Man Texas on September 8, 2011

Michael Brown of C.A.B. Consulting and Brokerage has recently stepped away from operating the payday loan business he started in 2003 to begin working with Texas CSO’s as they become “CAB’s” or Credit Access Businesses. Michael has made it a priority to learn as much as there is to know about the rules that Credit Access Businesses will be asked to abide by starting in 2012, and he wants to share that information with you. From there, it is his goal to begin laying the groundwork for your business’s transition, and a long term relationship.

Ultimately C.A.B. Consulting and Brokerage has the goal of meeting your needs beyond Compliance. Can we help you raise Capital? Do you want to sell off your collections portfolios? We will also fight against government regulations and negative public perception. C.A.B. Consulting and Brokerage wants the passage of the Credit Access Business laws to signify the beginning of the newest and best chapter in the life cycle of your company. Contact Michael and let him share with you how he envisions making that happen. Reach him directly at 214-293-8676, or via email at cabconbrokerage@gmail.com.

Focus Areas:

Licensing – if you are a CSO in Texas you are going to need a new license. Do you want to know what C.A.B. Consulting and Brokerage knows and do you want help getting a new Credit Access Business license?

Compliance – there are several new requirements that you need to be aware of in the way of disclosures to customers, and notices to customers. Do you want to know what they are and have you thought about getting assistance with implementing the necessary changes? (step-by-step planning, store and website corrections, owner training, and employee training)

Capital – do you need Capital for growth? Do you need a third party lender? C.A.B. Consulting and Brokerage has at least two parties that want to fund loans through your CSO / CAB – right now!

Collections – C.A.B. Consulting and Brokerage is allied with a very effective Collections company and they would like to have a chance to collect on some of your bad debt, or just buy it from you outright.

Association – C.A.B. is launching an Association for small to mid-size payday loan business owners that will be unlinke anything that has been done before.

Community Action – the Association will battle negative public perception, impact potential negative legislation, and make contributions to community in the form of education and money.

Competition – the Association’s programs will help consumers with more than just loans. An array of innovative programs will give your customers the opportunity to help themselves, make processes more convenient, and help consumers feel better about the relationship they have with their payday lender.

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Do not forget to renew your Credit Access Business license with the OCCC

Do not forget to renew your Credit Access Business license with the OCCC

by The CAB Man Texas on November 29, 2016

Renewal dates are as follows:  Renewal period starts November 15th and December 1st renewals are due. Any licenses that are not renewed by midnight of December 31st will expire.

Do not forget this it is a nightmare if you do, you will have to go through the license process again.  We have seen this happen to clients and members before and the OCCC is not as forgiving on this topic as they may be in other areas.

Here is a link to the OCCC website for more information: http://occc.texas.gov/industry/cabs/licensing-forms (look at right margin of screen).

All of the renewal process can be handled by the OCCC’s online portal called “Alecs” – if you have not created an account for your license – go here to learn how: http://occc.texas.gov/sites/default/files/uploads/misc/setting-up-account.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 1040

House Bill 1040

by The CAB Man Texas on March 5, 2013

This bill is the second to be authored by Anchia, and is “relating to the repayment of certain extensions of consumer credit facilitated by a Credit Access Business.” CAB’s will need to offer extended payment plans under this bill, where customer would be eligible if certain conditions are met. The conditions are: no plans within the last 12 months with that CAB, the loan has been refinanced at least 4 times, and the plan was requested before the loan went into default. The plans must be requested in writing and be signed by the CAB and the consumer. The CAB cannot charge fees or other charges under the plan, the plan must be 4 payments of equal amounts, and the client would need to be “paid in full” after the final payment, consumer may prepay with no penalty. During the plan, CAB cannot assist consumer in finding additional credit, may not engage in debt collection activity, so long as customer stays on plan. Regarding normal payment schedules on loans in good standing – the bill makes the requirement that multi-payment programs must be fully amortizing, declining principal, with close to equal payments, this was also in HB 886. Also, make note that CAB fees must be refunded if un-earned on an early payoff. The bill goes on to site many of the same existing requirements that we have now, also that the extended payment plan notice must be viewable in store. Goes into effect on 9-1-2013.

Click here for a PDF version of HB 1040! HB.1040

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