Responsible Business Lending Coalition Applauds California’s Proposed Commercial Finance Disclosure RegulationPosted on Jul 29, 2019 by Erin
Late last Friday, California's Department of Business Oversight (DBO) released a preliminary draft of its commercial disclosure regulations -- the nation's first truth in lending act for small business. As a founding member of the Responsible Business Lending Coalition (RBLC), Opportunity Fund worked hand-in-hand with a wide array of lenders, community partners, and policymakers to enact this historic piece of legislation.
Our official statement, in conjunction with the RBLC, follows. For more information on our work, please visit www.borrowersbillofrights.org.
For immediate release: July 29, 2019
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Statement on behalf of the Responsible Business Lending Coalition (RBLC), a network of for-profit and non-profit lenders, investors, and small business advocates, in response to California’s proposed commercial financing disclosures.
The State of California acted in the best interests of small businesses by developing proposed regulations that reinforce small business borrowers’ right to transparency in financial products. The proposed regulations released by the Department of Business Oversight (DBO) would protect California’s four million small businesses from predatory lending by mandating they be given the opportunity to understand the financing they are being offered in a clear, concise manner that enables informed comparisons across different options—including disclosure of annual percentage rate (APR) and estimated monthly payments.
We especially commend the DBO’s decision to propose that APR or Estimated APR be disclosed for all small business financing products. APR is the only established metric that enables informed comparisons of the cost of capital over time and between products of different dollar amounts and term lengths. This is why APR is the long-standing, familiar price metric, vetted over 50 years of the Truth in Lending Act.
The proposed regulations recognize that small business financing has changed. Many small businesses now commonly pay effective APRs of higher than 50%—sometimes as high as 350%—without these rates ever being disclosed to them. While the federal Truth in Lending Act requires consumer creditors to disclose key information about transactions in a clear and comparable way, no such national standard exists to protect the millions of small business owners seeking financing to grow their businesses.
Last year, California created a path toward establishing the nation’s most extensive set of truth in lending protections for small business borrowers, requiring lenders and other commercial financing companies to provide clear and consistent disclosures. SB-1235, authored by State Senator Steve Glazer (D-Orinda) and passed with support from the RBLC, was signed into law by then-Governor Jerry Brown. It directed the DBO to adopt regulations implementing the disclosure requirements.
We look forward to continuing our work with the DBO to further strengthen and implement their proposed regulations. We also encourage other states and the federal government to follow California's lead and protect small businesses from predatory lending. California’s truth in business lending law, which was passed with broad bipartisan support, offers a common-sense solution to the lack of price transparency in financing that small business owners face.
The proposed regulations codify a business owner’s right to transparent pricing and terms, as outlined in the Small Business Borrowers’ Bill of Rights. The Responsible Business Lending Coalition developed the Small Business Borrowers’ Bill of Rights in 2015 representing a cross-sector consensus on the six fundamental rights that all small business owners seeking financing deserve (including transparent pricing and terms, nonabusive products, responsible underwriting, fair treatment from financing providers, brokers, and lead generators, inclusive credit access, and fair collection practices), along with the specific practices that financing providers, brokers and lead generators must abide by to uphold and protect these rights.
Responsible Business Lending Coalition
The Responsible Business Lending Coalition (RBLC) is a network of non-profit and for-profit lenders, investors, and small business advocates that share a commitment to innovation in small business lending and serious concerns about the rise of irresponsible small business lending. The coalition created the Small Business Borrowers' Bill of Rights, the first cross-sector consensus on the rights that small business owners deserve and what financing providers, brokers and lead generators can do to uphold those rights. Since the creation of the Small Business Borrowers' Bill of Rights, nearly 60 small business lenders, brokers and lead generators have committed to uphold these rights, and nearly 50 advocacy and support organizations have endorsed them. For more information, visit www.borrowersbillofrights.org.