AB 237: Pilot Program for Increased Access to Responsible Small Dollar Loans.

(1)Existing law, the California Financing Law, generally provides for the licensure and regulation of finance lenders, brokers, and, beginning on January 1, 2019, program administrators, by the Commissioner of Business Oversight. The CFL makes a willful violation of specified provisions a crime.

The CFL, until January 1, 2023, establishes the Pilot Program for Increased Access to Responsible Small Dollar Loans (pilot program), which requires licensees and other entities that wish to participate in the pilot program to file an application and pay a specified fee to the commissioner to participate in the pilot program. The pilot program authorizes a licensee approved by the commissioner to participate in the pilot program to impose specified alternative interest rates and charges, including an administrative fee and delinquency fees, on unsecured loans of at least $300 and less than $2,500, subject to certain requirements.

This bill would increase the upper limit on the amount of a permissible loan under the pilot program from $2,500 to $7,500 and make corresponding changes.

(2)Under the pilot program, a licensee is prohibited from making a loan if that licensee determines, through its underwriting, that the borrowers total monthly debt service payments exceed 50% of the borrowers monthly gross income.

This bill would instead prohibit a licensee from making a loan under these circumstances if the borrowers total monthly debt service payments exceed 50% of the borrowers gross monthly income for a loan of no more than $2,500, or exceed 36% of the borrowers gross monthly income for a loan in excess of $2,500.

(3)The pilot program establishes that a loan with a principal balance, upon origination, of at least $1,500 is required to have a term of not less than 180 days. As an alternative to other authorized charges, a licensee approved by the commissioner to participate in the pilot program may contract for and receive charges at an annual simple interest rate not exceeding specified amounts.

This bill would additionally require a loan under the pilot program that has a principal balance exceeding $2,500 to have a minimum term of one year and a maximum term of 5 years. The bill would also require licensees to reduce the interest rates on each subsequent loan to the same borrower by a minimum of one percentage point and subject to additional reductions, if specified conditions are satisfied.

(4)Under the pilot program, licensees are required to develop and implement policies and procedures designed to respond to questions raised by applicants and borrowers regarding their loans, including those involving finders. Existing law describes a finder as an entity that brings a licensee and a prospective borrower together for the purpose of negotiating a loan contract.

This bill would also require licensees to perform reasonable background checks on any finders associated with a licensees participation in the pilot program.

(5)The pilot program authorizes a licensee who is approved to participate in the program to use the services of one or more finders. Existing law defines a finder for these purposes as an entity that, at the finders physical location for business, brings a licensee and a prospective borrower together for the purpose of negotiating a loan contract.

This bill would authorize the commissioner to charge a licensee participating in the program an additional fee to offset the commissioners costs to oversee and examine the activities of that licensees finder or finders.

(6)Existing law requires the Commissioner of Business Oversight to examine each licensee that is accepted into the program at least once every 24 months.

This bill would require the commissioner also to examine each finder whose services were used by the licensee at least once every 24 months.

(7)Existing law requires the Commissioner of Business Oversight to post reports containing specified information on his or her Internet Web site that summarize utilization of the Pilot Program for Increased Access to Responsible Small Dollar Loans. If more than one licensee is approved to participate in the program, existing law requires that information in the report to be stated in aggregate to avoid identifying data by specific licensee.

This bill would require that these reports also contain specified information for each finder whose services were used by a licensee in connection with the loans or loan applications, along with the finders identity.

By increasing the scope of the program, the bill would expand the definition of a crime, thereby imposing a state-mandated local program.

(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.