California 2023-2024 Regular Session

California Senate Bill SB1198

Introduced
2/15/24  
Introduced
2/15/24  
Refer
2/29/24  
Refer
2/29/24  
Report Pass
4/4/24  
Report Pass
4/4/24  
Refer
4/8/24  
Refer
4/8/24  
Report Pass
4/17/24  
Refer
4/17/24  
Refer
4/17/24  
Engrossed
5/2/24  
Engrossed
5/2/24  
Refer
5/13/24  
Refer
5/13/24  
Report Pass
6/18/24  
Report Pass
6/18/24  
Refer
6/18/24  
Refer
6/18/24  
Report Pass
7/2/24  
Enrolled
8/8/24  
Enrolled
8/8/24  
Chaptered
8/19/24  
Chaptered
8/19/24  
Passed
8/19/24  

Caption

Pawnbrokers: fees and charges.

Impact

The legislation aims to provide clarity and flexibility within the pawnbroking sector by establishing more defined parameters for fees. By implementing these adjustments, pawnbrokers will be able to more effectively manage costs associated with handling and storing pawned items, which could enhance their operational viability. The increased fees for services related to notifying borrowers about their pawned items after the loan period, now rising to $7, signal a shift in how these services are monetized. This may also result in better notifications for customers who may otherwise forget to redeem their items.

Summary

Senate Bill 1198, authored by Senator Roth, amends several sections of the California Financial Code regarding the fees and charges that pawnbrokers are authorized to collect. This bill expands the scope of permissible fees, including increasing the maximum allowable handling, storage, and security charges based on the size of the pawned articles. For example, the handling charge for smaller items contained within one cubic foot is set at a maximum of $5, while for larger items the maximum increases to up to $30 or a percentage of the loan amount depending on size. Furthermore, SB1198 introduces a 'remote transaction fee' of up to 3.0% of the transaction amount for operations conducted electronically, which serves to cover software application costs.

Sentiment

The sentiment surrounding SB1198 appears to be neutral-to-positive among stakeholders in the financial sector. Supporters argue that these changes are beneficial for the pawnbroking business by allowing them to recover overhead and operational costs through reasonable fees. However, there may be concerns regarding the affordability of these increased fees for consumers, particularly those who rely on pawnbrokers as a source of quick cash. Thus, while the intent is to regulate and support the industry, the potential for pushing financial boundaries for low-income individuals exists.

Contention

The primary points of contention center around the fee increases, particularly the remote transaction fee, which some may see as an additional burden on consumers in financial distress. Critics warn that while these changes could enhance pawnbroker profits, they could adversely affect those who frequent these services for urgent cash needs. This juxtaposition highlights a broader debate on balancing consumer protection with the economic viability of pawnbrokers, as the law retains punitive measures for violations, maintaining formal oversight within the industry.

Companion Bills

No companion bills found.

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