The O.C.C.C. is asking for input on the new disclosure forms.  These forms will be provided to Credit Access Businesses for use as guides on how to properly convey compliant notices and disclosures to customers.   Both consumers and Credit Access Businesses are being tapped for feedback.

View the forms by going to this link http://www.occc.state.tx.us/pages/industry/CAB/Consumer%20Disclosures%20main.html

You can provide feedback directly to the O.C.C.C. or if you would like to send comments through me please do so and I will forward them on.  I have been taking questions from both clients and non-clients, providing them with information that I possess, and have been asking questions to the O.C.C.C. about the application as well.  Glad to keep doing it, the more feedback we get the better.  As business owners who are directly dealing with our customers we have an opportunity to shape the rules by providing our opinions based on our experience.  The team at the O.C.C.C. is flexible, and is seeking exactly this kind of input.  It’s a great opportunity let’s hear what you have to say!

Please send your questions and comments to Michael Brown at cabconbrokerage@gmail.com or call 214-293-8676.

As of yesterday it looks like Senator John Carona’s Senate Bill 1247 is going to need some additional tweaks to get support from advocates and the payday industry in Texas. Much of the bill has components that are acceptable in the eyes of the payday industry, however there is one rule that would be particularly damaging to small business owners, and that’s the “only one loan” rule.

The bill says that a consumer may have only 1 payday loan out and 1 auto title loan out at any given time with a CAB in Texas. This rule will not allow a consumer to go out and get a lower priced loan, it will decrease competition in the marketplace, and it ultimately result in consumers taking out larger loans than they currently do today. And the big kicker – THEY WILL JUST GET A LOAN ON THE INTERNET IF THEY CANNOT GET ANOTHER ONE FROM A TEXAS CAB!

Imagine this scenario: on Monday a consumer realizes they need to get an advance on their paycheck. The consumer happens to be in Ft. Worth for work, so he/she goes to a local Payday store and completes a quick cash advance. The consumer qualifies for up to $500 but they only need $200 so they take out only $200. Then, later that week one of his/her children falls down at school in Dallas and needs stitches on their chin, the co-pay at urgent care is $150, so they need another $150 cash advance so ideally they would go down the street from their house in Dallas where they live to get it. But, the cannot do this under the “only one loan” rule. The “only one loan” rule would force the consumer to drive back to Ft. Worth 35 miles through traffic where they do not live and get the additional $150 advanced to them from that one location where they are now committed to exclusively. That would be an absurd thing to imagine and it is what will result with a rule like this. So instead what the consumer will do is grab their smart phone out of their pocket, pull up Google, and search for “payday loan.” Thousands of results will pop up on the screen and the consumer will have the $150 deposited in their bank account the next morning by an Indian Tribe payday loan company out of Montana. What just happened in that scenario is the “only one loan” rule failed, the consumer got the loan anyway, and Senate Bill 1247 resulted in a loss of revenue for a Texas business. The “only one loan” rule will result in store closings, and Texas will lose jobs. In the end it will not curb consumer use. This rule has been employed in Florida and Washington with those exact results – look it up or call me to discuss.

The reality that many consumer advocates cannot get their heads around is that if all Credit Access Businesses were to close up shop in Texas, it would not result in consumers being protected more. The consumer would go to the internet and get a loan from a non-Texas business. Many of the internet payday lenders offering services to Texans would be Indian Tribes who are unregulated and unlicensed. So, what’s the point? If closing down the industry and causing Texans to lose their jobs while sending business outside the state lines is your goal – then put the “only one loan” rule into action.

What consumer advocates need to address is that the payday industry is a by-product of consumer need. It is not a shiny toy that evil-doers invented in a back alley to take advantage of low income minorities. Payday industry leaders are serving a need and help many consumers in a positive way each day. The members of the CAB Consulting lobbying group and CSAT are willing to work with Senator Carona on many of the measures in the latest version of Senate Bill 1247. Aside from the “only one loan” rule the bill would be acceptable for most CABs in Texas, and it would put in place additional structure that makes sense to a certain degree if we “have to” have it.

Consumer advocates proved yesterday in the Senate Business & Commerce Committee Hearing that they will never be satisfied, and that their argument is based on emotion. What is at risk if you are their group is that no bill will pass at all. In Texas, Senators and House Representatives are intelligent business minded people. If the consumer advocates don’t stay focused on the realities of business and the consumer need, they will lose the attention of lawmakers and they will end up having to wait until the next legislative session in 2015 to be a part of the conversation again.

If Senate Bill 1247 is going to have a chance, let’s shape it by keeping only the measures that provide meaningful structure to the loan products. As a guiding rule – let’s make sure that Texas businesses can keep their doors open and that competition dictates programs being offered. If a rule in a bill cannot pass that test then it should not be in the bill.

Michael Brown of CAB Consulting testified at the Senate Business & Commerce Committee Hearing on March 19th and conveyed many of the points above. If you would like to speak with him about any of these issues he may be reached at 214-293-8676, or via email at Michael@CreditAccessBusiness.com.

Click here for a PDF of the latest version of SB 1247! SB.1247.Updated.March.19th

This bill, authored by Anchia and is “relating to restrictions in connection with motor vehicle title loans that a Credit Access Business obtains for a consumer or assists a consumer in obtaining.” The bill starts with a recommended limit on auto title loan amounts. CAB’s and Third Party Lenders would be required to limit the amount of a loan to “70% of retail value” of the vehicle. This seems very acceptable, many CABs are operating off more strict criteria right now. And, if a single payment auto title loan is re-financed, there must be an additional payment of at least 5% of the principal, in addition to the interest & fees due. The requirement of a pay down towards principal addressing the “cycle of debt” issue. The bill goes on to say that even if the customer does not make the required pay down, the CAB fees must adjust down as if the customer made the 5% pay down. If the customer does default, the note can still be called due if operator/third party lender desire. Multi-payment loans would need to be fully amortizing, with declining principal, with close to equal payments. If early payoff occurs, pre-computed CAB fees would have to be refunded as un-earned. That’s an important item to make note of, loan terms and CAB fees would need to be carefully considered when CABs are adapting their model to new rules and regulations. Would go into effect 9-1-2013.

Click here for a PDF version of HB 886! HB.886