Texas Senate Bill SB243

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

Relating to the prohibition on participating in the lending of credit by a credit services organization that assists a borrower in obtaining the credit.

Impact

By implementing this bill, SB243 seeks to enhance consumer protection within the lending marketplace. The prohibition on credit services organizations acting as lenders or having economic interests in loans is designed to reduce potential conflicts of interest that may arise, thereby ensuring more transparent and fair treatment of borrowers. This could lead to a safer environment for consumers seeking credit, as they would be less vulnerable to predatory lending practices facilitated by organizations masquerading as neutral guides in the lending process.

Summary

SB243 aims to tighten regulations surrounding credit services organizations in Texas by prohibiting these organizations from participating in the lending of credit if they are involved in assisting borrowers. Specifically, the bill introduces a new provision to the Texas Finance Code that defines certain conflicts of interest and activities that credit services organizations cannot engage in when it comes to lending. The intent is to prevent these organizations from acting as lenders themselves or having any close affiliations with lenders that could compromise their role as neutral credit facilitators.

Contention

There may be points of contention among stakeholders regarding the practicality of enforcing these restrictions and the broader implications for the credit services industry. Critics might argue that such regulations could limit the availability of credit services for consumers who may rely on these organizations for assistance in obtaining loans. On the other hand, proponents of the bill maintain that the benefits of protecting consumers from potential exploitation outweigh the concerns regarding accessibility. The balance between ensuring fair lending practices and maintaining support for consumer access to credit services will likely be a topic of discussion as the bill progresses.