June 25, 2019
Brown and Rubio Re-introduce Legislation To Protect Small Business From Predatory Lenders
WASHINGTON,
D.C.
– Today, U.S. Sen. Sherrod Brown (D-OH) – ranking member of the U.S.
Senate Committee on Banking, Housing, and Urban Affairs, and Senator Marco
Rubio (R-FL), Chair of the U.S. Senate Committee on Small Business and
Entrepreneurship re-introduced legislation
to protect small businesses from fly-by-night predatory lenders.
“When
we let financial predators harm hardworking Americans through scams like
confessions of judgment, we undermine the dignity of work,” said Brown.
“This bipartisan bill ensures that consumers and small business owners benefit
from protections that prevent predatory lenders from stripping away their hard
earned money under cover of night.”
“With this bill, we are taking another step toward protecting
America’s small businesses—the foundation of our economy—by preserving the
right of a business to be heard in a court of law before a potential credit
default,” Rubio said. “I remain committed to protecting our small
businesses from predatory, out-of-state lenders, and I hope my colleagues will
join me in this effort.”
Confessions
of judgment require a borrower to give up her rights in court before obtaining
a loan, and allow shady lenders to seize the borrower’s assets without warning
in order to pay off the debt. Although many states have banned this practice
for small business loans as well as individuals, borrowers nationwide are still
exposed due to loopholes in state laws that have allowed predators to devastate
small businesses across the country. The Small Business Lending Fairness Act
gives small businesses federal protections like the ones consumers already
have.
Last
year, Bloomberg
published an in-depth investigative report on this shady small business lending
tactic which has allowed creditors to steal the savings of out tens of
thousands of borrowers with no notice or opportunity for defense.
The
Small Business Lending Fairness Act:
·
Codifies the FTC’s 1985 ban on confessions of judgment
in law in consumer loan contracts, and
·
Expands the ban to provide these protections to
business borrowers as well.
More
information on the bill can be found here.
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