Texas Senate Bill SB1862

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/11/11
• Introduced: 3/11/11
• Refer: 3/24/11
• Report Pass: 4/11/11

Caption

Relating to certain extensions of credit to consumers.

Impact

Notably, SB1862 establishes specific requirements on deferred presentment transactions, allowing for a maximum charge of 15% on cash advances not exceeding $200, while also ensuring that the cash advanced does not exceed 35% of the borrower's gross monthly income. The bill enforces additional consumer protections by limiting the ways lenders can renew or consolidate loans, effectively combating the cycle of debt often associated with payday loans. By implementing these measures, the bill aims to create a more accountable lending environment and provide consumers with stronger safeguards against predatory lending practices.

Summary

SB1862 aims to regulate certain extensions of credit to consumers in the state of Texas, focusing particularly on auto title loans and deferred presentment transactions. The bill prohibits creditors from charging third-party fees related to the arrangement or negotiation of consumer credit, thus aiming to curb additional costs imposed on consumers. This legislative initiative seeks to address concerns about high-interest loans and the potential for excessive financial burdens on borrowers using these financial services for personal, family, or household purposes.

Contention

Within the discussions surrounding SB1862, several points of contention emerge, particularly regarding the balance between protecting consumers and the potential limitations on lenders' operational capabilities. Proponents assert that the bill is necessary to protect consumers, especially low-income individuals, from falling into a cycle of debt due to exorbitant fees and unsustainable payment requirements. However, critics argue that the regulations may stifle access to credit and harm small lenders who may struggle to remain profitable under stricter guidelines. This ongoing debate highlights the complexities of consumer lending regulations and the delicate balance required to safeguard both consumer rights and the financial viability of lending institutions.