About Our New Site I Join TCPA I Member Login    

    

 

NATIONAL LEGISLATION

A CRITICAL ISSUE FOR OUR INDUSTRY


READ AN IMPORTANT REPORT FROM THE MEETING

Click here to read this report on our affiliate web site posted after the meeting.  Your TPCA login also works on that site.

THE NEW CFPB FEDERAL AGENCY TO HOLD THEIR FIRST EVER FIELD HEARINGS IN BIRMINGHAM. -- January 16, 2012.

The new CFPB (Consumer Financial Protection Bureau), which only recently named their new director with a controversial appointment, is now set to begin their regulating effort.  They have set a field hearing for this coming Thursday, January 19 in Birmingham.  Click here to see the notice.  It is noteworthy they selected Birmingham as the venue for this first ever field hearing.  It is noteworthy on two accounts.  First, Birmingham is noted as a birthplace for the civil rights movement (the hearing is being held at the Civil Rights Museum) and second, we only recently went through an extended battle over a moratorium against short term lending (click here) in Birmingham.

The big question is -- what is the impact?  The answer is -- no one knows.  The announcement was made last Thursday in the press.  We are working with the CFSA to coordinate attendance at the hearing.  They have developed a relationship with the CFPB but the CFSA has not published a public statement yet. 

It will be after the hearings before we have more information.  At a minimum, we believe this may mark the beginnings of the CFPB's regulatory effort.  But beyond that we do not know.  We will report back after the hearing with more information.

Finally, we need your help in locating customers who would be willing to testify on our behalf.  The CFSA is coordinating this effort and you can click here for all of the details if you believe you can help. Please try!

NEW CFPB FEDERAL AGENCY SET TO KICK OFF SHORTLY. -- July 16, 2011.

It has been one year since this landmark Dodd - Frank legislation became law.  This month is the month the new CFPB is scheduled  to begin operation.  We fully expect this new agency to impact our business, but at the moment there is no factual news on what that impact might be.  We suggest you visit www.PaydayPundit.org and www.CFPBSpotlight.com frequently for the most up to date information.

DODD-FRANK FEDERAL REFORM LEGISLATION SET TO BECOME THE LAW OF THE LAND!  -- July 15, 2010.

TPCA members are welcome to read this critical update that will affect everyone in the lending business.  Click on the News tab above and login for the full story.

If you are not a member of TPCA, now would be good time to consider joining with us.  We all will need help negotiating the minefields ahead!  Click here for membership information.

FEDERAL REFORM LEGISLATION IS NOW IN THE CONFERENCE COMMITTEE & MEETING WITH SENATOR MITCH MCCONNELL IS PLANNED.  -- June 14, 2010.

The House and Senate versions of the financial reform legislation are headed toward a final resolution in the legislative conference committee.  Here is a simple explanation of what happens in a conference committee.  The committee began its work last week (June 7th) with a target completion date of June 24th.  The 24th deadline is a fairly hard date if the legislation is to be voted on and signed into law by the July 4th break, which is the goal of the Democrats.

Our Senator Shelby was interviewed by the Wall Street Journal last week.  His discussion provides a very clear view into what this legislation means for us and many other business owners.  Click on the video to see what Senator Shelby has to say.

MEETING WITH SENATOR MCCONNELL

AARAL has arranged a private meeting and fundraiser for Senator Mitch McConnell this Monday, June 21 in Atlanta.  Click here to learn more about this important meeting.

WHAT IS NEXT?

We can only watch this legislation unfold at the moment but we will keep you posted on any major event.  In the meantime you can visit www.PaydayPundit.org for daily updates on the legislation.  This week and next will be see high activity for this legislation.

U. S. SENATE PASSES FEDERAL REFORM LEGISLATION.  IT NOW GOES TO CONFERENCE FOR FINAL APPROVAL BEFORE THE PRESIDENTS SIGNATURE  -- May 21, 2010.

As you most likely know, the Senate passed financial reform legislation yesterday afternoon.  BUT, before they did they passed the Snow-Pryor amendment which became a part of the final bill.  That is a big plus for us (more on Snow-Pryor below).  The Senate bill is now on its way to conference to work out differences with the House version. Conference could last well into June.  There will most likely be changes that come out of conference, but the changes will be primarily to work out differences between the two versions of the legislation.  CFPA, by the way, is one of those differences. The Democrat leaders are saying they expect a signature by the President before July 4th.

The Snow-Pryor amendment is one big improvement for us and can sure make this bill "tolerable." It must survive the conference, though. We are sure there will be many working to make that happen. There are clearly nuances in the Snow-Pryor amendment's provisions as it now connects CFPA with the SBA and the SBA provisions that govern how the CFPA might impact small businesses. It has been described as a "speed bump" for CFPA.   It will become a bureaucratic minefield if enacted, but overall it is a momentous tilt in our favor from the previous version of this legislation

NEW FEDERAL FINANCIAL LEGISLATION MOVES CLOSER TO BECOMING THE LAW OF THE LAND   -- May 17, 2010.

Financial reform legislation is making its way toward a final vote in the U.S. Senate.  Although our focus is on state and local issues, we have joined a network of industry leaders around the country and in Washington, DC to stay abreast of this action to keep our members informed.  We have indicated in previous updates below that this legislation will most likely have a very significant impact on our business.  You can scroll down to read more about just what it means for you.

Our sources believe that the legislation is possibly set to pass in the Senate as early as this week.  From there it will go to a conference of the two houses where the different bills from each house will be reconciled.  After that process and a final vote again by each house on the reconciled bill, it then goes to our president for his signature. This process can take weeks or even months. The expected time frame for signature is no later than Labor Day.

We do believe at the moment that this bill will pass and then be signed into law.  But, keep in mind, this is politics and it really is not done until "it is done."

The proposed massive new agency, called the CFPA, that will oversee all consumer financial transactions will then become a reality.  They will begin establishing regulations on what we can and can not do in our businesses directly from Washington, DC.  These regulations are expected to preempt local state regulations and the CFPA will have the authority to go so far as to ban particular products the "government" finds harmful. 

The exact makeup of the new agency and their full authority will not be known until the bill is ready for the president's signature (after the conference and final vote again in both houses).  We have some ideas now about this agency and, frankly, it is not a pretty picture -- at all (read more below).  So, until then we are all pretty much playing a guessing game.

On a final note, we believe it will take from one to two years for the CFPA to gear up to full operation.  So we don't expect an immediate impact after the bill is signed into law.

We will get back with you as this process unfolds.

KEY VOTE IN SENATE YESTERDAY OPENS UP DEBATE AND MOVEMENT TOWARD NEW FEDERAL FINANCIAL LEGISLATION  -- April 29, 2010.

The  vote in the U.S. Senate yesterday prepares the way for new federal legislation that will have a significant impact on us!  We suggest you go to www.StopTheCFPA.com to learn all that you can about CFPA legislation and what it really means.  Be sure and view the videos.

If you want a more detailed view of where the legislation is today in the Senate click here.  Although lengthy, it provides a good overview.

At this point we do not have any additional information to report.  We will get back soon.  In the meantime, you may want to check the Payday Pundit blog at www.PaydayPundit.org often.  They keep up with the latest.

KEY VOTE IN SENATE TODAY REGARDING FEDERAL REFORM LEGISLATION  -- April 26, 2010.

Most of you are probably aware that the U.S. Senate will vote today on new federal reform legislation that will most likely impact us all.  Check back here in a day or so and we will provide an update on what we believe the impact will be.

MEETING WITH KEY MEMBERS OF U.S. SENATE BANKING COMMITTEE  -- February 1, 2010.

Click here to read about an important, high-level meeting with key U. S. Senate leaders that will effect every single company/person who operates a title lending or other short term lending businesses and who may be impacted by CFPA legislation.  As you may know, this legislation has passed the U.S. House of Representatives and is now in the U.S. Senate Banking Committee awaiting action. This legislation, if passed, will dramatically alter the way we are regulated and the way in which we conduct our businesses.

SENATOR RICHARD SHELBY DISCUSSES NEW FEDERAL LEGISLATION.  November 30, 2009 Click here to read this important update.

A NATIONAL UPDATE -- September 18, 2009

While we have weathered the immediate storm from the first of the year, the threats against our industry from Washington are still quite real.  Each of us locally has a chance to learn more about this and meet one of the critical players in the fight to protect our industry and to make a difference.  Roy Hutcheson, a TPCA board member and a member of AARAL has important information for you.   Please login in (click here) and then go to the News tab above to read Roy's important message.  If you are not a member, but are in the industry, you are welcome to register and read this important update.  To register, simply click here and follow the easy instructions.

THE CURRENT BILLS IN THE U.S. CONGRESS  -- March 23, 2009

Below are three bills that affect our industry that are currently active in the U.S. Congress.  The information on these bills is updated and always current.

Durbin SB 500

Gutierrez  H.R. 1214

Speier - H.R. 1608

Scroll down to read all of the latest updates.

 

A BUSY WEEK IN WASHINGTON -- Updated: March 31, 2009

There is a tremendous amount of activity in Washington DC this week.  Go here to read about it.

MORE LEGISLATION -- Updated: March 23, 2009

Since our last update several weeks ago we have seen movement in the Gutierrez bill and a new bill has been introduced in the House by Representative Speier.  This new bill is a companion bill to Senator Durbin's bill in the Senate. You can click on the links at the top of this page for more information on the bills.  Here is a report that originated in Roll Call regarding the Gutierrez bill.  Please note the comments by the bank lobby about how our industry has handled this situation.  Not good!

DURBIN SENATE BILL -- Updated: March 2, 2009 -- Second Update

We now have the text of the Durbin announcement.  Click here to read.  After you read this, it should take you no longer than a nanosecond to determine who is behind this!

LEGISLATION INTRODUCED -- Updated: March 2, 2009

The threat level in connection with our situation in Washington DC is moving up.  Please read through the post below for background on what we face as an industry.  Last Friday we notified you that national legislation was introduced against us.  That turned out to be quite true!  Actually, there was not one bill, but two bills!  The full text of the bills are not online yet, but here is some information on the Senate bill and here is information on the House bill.  You may want to check these links in a day or so for additional information.  In a nutshell, the Senate bill introduced by Durbin places a 36% cap on our industry.  It is similar to the military lending bill, except now it covers everyone.  The House bill, strictly addresses payday lending.  Both bills are bad bills, but the Senate bill would most likely shut our industry down.

 

TPCA and Borrow Smart members can log in and then click here for more information and for additional background and comments on what we might expect next.

STILL A DANGEROUS SITUATION -- Updated: February 8, 2009

The situation in Washington is still dangerous for our industry.  We continue to work on a plan to establish a national presence, but the launch of that effort is at least a couple of months away.  What we know at the moment is that legislation is being discussed in Washington and that clearly we are in the crosshairs (scroll down to read more).  We are not aware of any specific legislation which has been introduced and we believe the current focus on the stimulus package takes the spotlight off of us  --  for the moment.  We also believe that over the next ninety days our industry (short term loans -- title & payday) will be up for discussion in Washington and, further, that the current situation may change on a moments notice, so be sure to check back here often for updates.  If you are a TPCA member please log in (here) and then click on the News tab above (or click here) after you have logged in where you can read more about this important issue and a discussion about our plans.

POLL RESULTS TO GET INVOLVED NATIONALLY & NEW HOUSE COMMITTEE CHAIR -- Updated: January 26, 2009

We have a few important situations to report.  First, the response to our poll below for us to get directly and actively involved on a national basis as an association was overwhelmingly positive, much to our surprise.  We are now working on specific plans to do this and will communicate with you soon about this critically important issue.

 

Second, and perhaps more important, there is a new chairman of the Subcommittee on Financial Institutions and Consumer Credit in the new congress, which has a direct impact on our industry.  He is U.S. Congressman Luis V. Gutierrez (D-IL).   Click here  for the full story.  This is not good.  A minimal search of this congressman shows this long term, Hispanic congressman from Chicago to be quite a liberal.  He is a former school teacher, cab driver and now a congressman in charge of one of the most powerful sub-committees in the House.  He is a member of the Progressive Caucus.  If you visit the Progressive Caucus link and have a good internet connection you must click on the "visual maps" icon in the upper right corner.  You will be amazed at the connections.  Also, you don't want to miss this about "progressives" in Congressman Gutierrez's home town.   He is from Chicago,  which as you know is the hometown of our new payday lending change president, which also means their offices are most likely in close communications and finally, in his own words he has this to say, "I plan to devote specific attention to payday lending reform, ensuring that consumers do not get caught in a debt trap at the hands of unscrupulous and virtually unregulated lenders."

 

So, first we have a payday reform president from Chicago with a 68% approval rating, with one of the most liberal voting records in the U. S.  Senate and now another Chicago based payday reformer, "progressive" who is in charge of deciding the fate of our industry in the House.  By the way, don't forget the other Illinois based reformer (who gets honorable mention here) -- Senator Dick Durbin.

Third, we see more and more evidence that there will be some national legislation or regulation in the short-term lending industry.  Click here to see what the consumer groups are pushing for (this came out today!) -- then connect the dots with what you see in the previous paragraph.  It is not difficult to see where this may be headed -- national legislation or regulation.  We know that most all of the industry players and groups (payday loans, consumer loans, title loans, and others) are maneuvering to be sure they are not tossed aside in the madness of all of this.  

 

So, to summarize, it should be abundantly clear our current and real industry threat is national for the moment.

 

Don't feel disappointed or left out that title lending is not mentioned in these stories.  You can bet we are in the same crosshairs.  We've always said when payday loans goes or is attacked -- so goes our industry as in this story.  So, like it or not we are linked together in the minds of many who determine our fate.  It is a fact and we need to find ways to work together - not against one another.

 

THE EXACT SCOPE OF THE PROBLEM IS UNKNOWN AT THE MOMENT,  BUT.......READ ON  --  Updated: January 19, 2009

When the press begins to issue warnings about what we face as an industry, you know we have a problem. The Times Standard story below (click on image below to read) appeared this weekend.  We don't agree with reporters often, but we agree with this reporter  -- we have a problem!  From our discussions with national experts since our last update (here), it is not clear if the new president plans to immediately introduce the rate cap for our industry as he promised he would do.  You can see his promise here.  It is, however, perfectly clear that he promised action against us and he promised action against the credit card industry.  It is also perfectly clear that congress did act on January 15th on part of his credit card plan.  You can read the credit card legislation by  clicking here.

 

As you read the credit card article, take note of those congressional members who are quoted (Senator Dodd, Senator Schumer, Rep Franks and Rep Malony).  These are the same people that drive a decision about our industry.  We believe most of those quoted here do not support our industry and, in fact, at least one (probably more) has a close relationship with our main adversary, the Center for Responsible Lending (CRL) -- click here to see the connection (be sure to scroll down the full article)!  You can read about the incredibly powerful CRL group here, here, here and their highly effective strategy here if you want to learn more.  And after reading the links above, if you still have doubts about the incredible power of CRL, just read this article from Business Week!  You can bet they are working the 36% rate cap issue in Washington with everything they have.  As an industry, this is what we are up against and the only way we will survive is to join together and work to be just as smart and powerful in the press and in our politics (local and national) as they are.  Otherwise.....

 

By the way, if anyone has a picture of a high ranking payday or title industry leader with a well placed Democratic national political leader, please pass it along.  We will post it here.  For some odd reason, we don't expect a tremendous response.

 

So we know the president and the congress are serious about acting on interest and credit issues.  No one seems to know for sure if the cap is being proposed at the present.  We believe the issue may be changing from moment to moment even within the new administration.  If it is not introduced in the new stimulus plan, it will most likely turn up in the next few months. 

 

Although there is a new national group -- AARAL (American Association of Responsible Auto Lenders) -- which has been formed by several of the largest title loan operators in the country, it is not clear they have an interest in representing the small to medium operator or allowing our association to join directly in their effort.

 

This is a critical problem for our industry.  You don't have to look around too far to see what has happened around the country with rate caps in other states.  And, we all know about the national military lending bill with a 36% cap.  So, a 36% rate cap has the very distinct possibility of becoming reality for every consumer in the country (as it did in the military lending bill).  We don't need to tell you what that means for our industry.

 

So, we are evaluating the possibility of joining with several other states to establish our own national representation.  From the preliminary work we have done, it may be feasible.   If we do this it will be structured as an extension of our existing state based associations and will include our own national lobbyist group.  Not having an industry voice is so very important at this critical time when new and aggressive financial legislation is being considered.  We all know what NOT having a voice can lead to!

 

So, it is time for your input on this idea.  Will you please take a moment and complete the brief questionnaire below?  This is for members and non-members alike.  Your input will help us in our decision.  Click on the button below to be connected to the questionnaire.  The poll is now closed.  The response was overwhelmingly in favor of proceeding with a direct national effort.  We will get back on this issue with our plans very soon.

 

Questionnaire

 

Thank you for your help!

THE ISSUE -- January 16, 2009

Earlier in the week we sent an update to everyone regarding our national situation.  You can go here to read that report.  Essentially, the issue is that with the introduction of a new congress and president our situation in Washington is quite dangerous and that the likelihood of a 36% rate cap is real.  As we reported previously, we held a meeting with a couple of other state associations that represent title lending to learn more, to exchange ideas and to discuss a possible plan of action.  This is a national problem and it will take more than just our association to have an impact.



 

 

 

Privacy Notice I Website Disclaimer | Web Site By: The Genesis Group