Texas 2013 - 83rd Regular

Texas Senate Bill SB927

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of and disclosures regarding consumer lawsuit lending transactions.

Impact

The bill significantly impacts how lawsuit funding operates within the state. It mandates that any agreement between the consumer and the lawsuit lender must be filed with the court and disclosed to the opposing party promptly, thus enhancing transparency in litigation. This change is expected to lead to a more equitable environment in civil litigation, where all parties are aware of any financial interests involved that could influence the case's outcome. Additionally, the modifications to the licensing requirements for lenders signify a move towards stricter oversight of such lending practices.

Summary

SB927 focuses on the regulation of consumer lawsuit lending transactions in Texas. The bill introduces necessary disclosures to be made by plaintiffs involved in such transactions, requiring them to produce financial documents related to the loans to their opponents in litigation. This ensures transparency in the financial arrangements that plaintiffs have made and aims to protect the integrity of the judicial process by making such agreements known before the trial. The bill redefines key terms associated with these transactions, particularly outlining the responsibilities of consumer lawsuit lenders and borrowers alike.

Sentiment

The sentiment surrounding SB927 appears to be generally supportive among legislators who advocate for consumer protection and transparency in the legal process. Proponents argue that the bill is a step towards preventing exploitative lending practices in the lawsuit funding sector, where individuals may be at a disadvantage due to financial pressures. Critics, however, may point out potential drawbacks, including the concern that excessive regulation could deter providers of legitimate financing options for consumers during lawsuits.

Contention

While there are clear advantages to the bill's focus on disclosure, points of contention arise regarding the implications for lenders and whether the bill might limit access to necessary funding for consumers entangled in prolonged legal battles. Some stakeholders may argue that stringent disclosure requirements could make lenders more hesitant to provide funding, possibly leaving consumers without crucial resources during their legal proceedings. These concerns highlight the balancing act lawmakers face between consumer protection and maintaining access to adequate financial resources in the context of litigation.

Companion Bills

TX HB1595

Identical Relating to litigation financing transactions; authorizing the imposition of a fee.

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