BILL ANALYSIS SENATE COMMITTEE ON BANKING, FINANCE, AND INSURANCE Senator Ronald Calderon, Chair AB 377 (Mendoza) Hearing Date: June 17, 2009 As Amended June 9, 2009 Fiscal: Yes Urgency: No SUMMARY Would enact various changes to the California Deferred Deposit Transaction Law (CDDTL; Payday Lending Law). DIGEST Existing law 1. Provides for the CDDTL (Financial Code Section 23000 et seq.). The CDDTL: a. Applies to any person that makes a transaction in which the payday lender defers depositing a customer's personal check until a specific date, pursuant to a written agreement; b. Does not apply to a state- or federally-chartered bank, thrift, savings association, or industrial loan company; c. Requires applicants who wish to become payday lenders to submit an application for each location, an application fee of $200, and to submit to various other requirements including a background check, and prohibits anyone from engaging in the business of payday lending without a license from the Department of Corporations (DOC; the department); d. Allows payday lenders to defer the deposit of a customer's personal check for up to 31 days; limits the maximum value of the check to $300; limits the maximum fee to 15% of the face amount of the check; and requires payday lenders to distribute a notice to customers prior to entering into any payday loan transaction that includes information about the loan and loan charges and AB 377 (Mendoza), Page 2 a listing of the borrower's rights; e. Requires each payday loan agreement to be in writing in a type size of 10 point or greater, written in the same language that is used to advertise and negotiate the loan, signed by both the borrower and the lender's representative, and provided by the lender to the borrower, as specified; f. Allows payday lenders to grant borrowers an extension of time or a payment plan to repay an existing payday loan, and prohibits the lender from charging any additional fee in connection with the extension or payment plan; g. Requires each payday lender to maintain a net worth of at least $25,000 and a surety bond of $25,000 at all times; h. Prohibits payday lenders from entering into a payday loan with a customer who already has a payday loan outstanding, and from doing any of the following: i. Accepting or using the same check for a subsequent transaction; ii. Permitting a customer to pay off all or a portion of one payday loan with the proceeds of another; iii. Entering into a deferred deposit transaction with a person lacking the capacity to contract; iv. Accepting any collateral or making any payday loan contingent on the purchase of insurance or any other goods or services; v. Altering the date or any other information on a check, accepting more than one check for a single payday loan, or taking any check on which blanks are left to be filled in after execution; vi. Engaging in any unfair, unlawful, or deceptive conduct or making any statement that is AB 377 (Mendoza), Page 3 likely to mislead in connection with the business of deferred deposit transactions; vii. Offering, arranging, acting as an agent for, or assisting a deferred deposit originator in any way in the making of a deferred deposit transaction unless the deferred deposit originator complies with all applicable federal and state laws and regulations; i. Provides that licensees who violate the payday loan law are subject to suspension or revocation of their licenses, and that violations of the payday loan law are subject to civil penalties of $2,500 per violation; j. Requires the Commissioner to have provided a report to the Governor and the Legislature by December 1, 2007, on its implementation of the Payday Lending Law. Requires that report to have included, at a minimum, information regarding the demand for deferred deposit transactions, the growth and trends in the industry, common practices for conducting the business of payday lending, advertising practices of the industry, including any violation of Financial Code Section 23027 (which generally prohibits false, misleading, and deceptive advertising practices), and any other information the Commissioner deems necessary to inform the Governor and the Legislature about potential legislation that might be necessary to protect the people of California; 2. States that the Commissioner's recommendations for future action provided in the report referenced immediately above could include, but not be limited to, changes in the fees charged to customers, specifications regarding the length of time for payday loans, maximum amount provided to a consumer, additional regulation of advertising practices, and the implementation of an installment loan product in lieu of a payday loan. This bill 1. Would increase the maximum amount of a check used to obtain a payday loan from $300 to $500; 2. Would require each licensee to pay to the commissioner a fee of 5 cents for each deferred deposit transaction paid in full during the previous calendar year, prohibit licensees AB 377 (Mendoza), Page 4 from passing this fee on to their customers, and require the commissioner to use this fee to provide financial literacy education programs relative to payday loan transactions in California; 3. Would require key individuals employed by payday lenders to submit fingerprints and completed statements of identify and questionnaire to the commissioner, with their applications for licensure, as specified; 4. Would require all applicants for a payday loan license to disclose whether any of the key individuals identified on its application have, during the last 20 years, conducted a payday loan or similar business in any other state; if so, the time period during which that business was conducted; and whether the person was found, either individually or as a representative of the applicant, to have violated any provision of that state's payday loan law or regulations, or any similar laws and regulations; 5. Would require all applicants for a payday loan license to identify any product or service, other than payday lending, that the applicant intends to offer in its office(s), and which the applicant anticipates will generate over 5% of the gross monthly revenue of any of its offices; 6. Would require licensees to update the department within ten days regarding changes in any of the information described in numbers 1 and 2 above, and at least ten days prior to offering a product or service that the licensee anticipates will generate more than 5% of the gross monthly revenue of any of its offices; 7. Would prohibit a payday loan licensee from placing an advertisement primarily intended to reach California residents, including Internet advertisements, without disclosing that the applicant is licensed by the Department of Corporations pursuant to the CDDTL, and would require this disclosure to be in the same language as the primary language of the advertisement; 8. Would require payday loan licensees to retain copies of all advertising copy for at least two years from the date of its use; 9. Would prohibit a licensee from threatening a customer with AB 377 (Mendoza), Page 5 any criminal penalty for failure to comply with the terms of a payday loan agreement; 10. Would prohibit a licensee from referring or delivering a check taken as part of a payday loan transaction to a prosecutor or other law enforcement official, for purposes of collection or criminal prosecution, unless the prosecutor or law enforcement official requests the check as part of an investigation that is not initiated by the licensee; 11. Would amend the existing payday loan law notice requirements by: a. Requiring the notice provided by licensee to a customer to be separate and distinct from the payday loan agreement; b. Requiring the notice to be initialed by the customer to acknowledge receipt, and requiring that the initialed copy by retained by the licensee; c. Adding language informing the customer that he or she may rescind the payday loan at no cost, by notifying the payday lender of that wish and returning the proceeds of the transaction to the payday lender no later than the end of the business day following the date on which the loan was originally made; d. Adding language informing the customer that he or she may request an extended payment plan, at no additional cost, as specified, if he or she is unable to repay his or her payday loan; 12. Would require, rather than authorize, the use of a specific chart showing the fee and annual percentage rate applicable to different loan amounts and loan lengths; 13. Would add a consumer's right to rescind a payday loan transaction to the list of items that must be clearly and conspicuously posted in unobstructed view of the public by payday lenders; 14. Would require each payday loan agreement to include three new items, including: a. Notification of the customer's right to an extended AB 377 (Mendoza), Page 6 payment plan, as specified; b. Notification of the customer's right to rescind the payday loan, as specified; c. Notification that if the payday loan is being transacted over the Internet, the customer agrees to conduct the transaction electronically, and to receive the required notices and agreement electronically; 15. Would clarify that if a payday lender conducts a payday loan transaction over the Internet, the notices that are required to be posted clearly and conspicuously and the agreement that is required to be provided to the customer must be provided electronically and must be available for the customer to download and print; 16. Would further provide that, if an Internet customer is unable to download the notice(s) and the payday loan agreement, the payday lender must mail those notice(s) and agreement to the customer within 24 hours of the Internet transaction; 17. Would require all payday loan transactions conducted over the Internet to comply with the Uniform Electronic Transactions Act (Section 1633.1 et seq. of the Civil Code); 18. Would allow a payday loan customer who is unable to repay his or her payday loan when due to elect, once in any 12-month period, to replay his or her payday loan using an extended payment plan, would require the following with respect to that payment plan: a. The extended payment plan would have to include at least four installments, which would have to be scheduled for dates on or after dates that the customer receives regular income. Unless otherwise agreed to by the customer and the licensee, the payment plan installments would have to be substantially equal in amount; b. The payday lender would have to allow any customer who receives an extended payment plan to repay his or her loan in full at any time without penalty; c. The payday lender would be prohibited from charging a customer any interest or additional fees during the AB 377 (Mendoza), Page 7 term of a customer's extended payment plan; d. The payday lender would be prohibited from engaging in collection activities or making any additional payday loan to a customer while the customer is making timely payments, in accordance with the extended payment plan; e. Customers would be limited to one extended payment plan during any twelve-month period, measured beginning on the date that the customer fully pays all amounts due under one extended payment plan and ending on the date that the customer enters into another extended payment plan; f. If a customer fails to pay any extended payment plan installment when the installment is due, the customer would be in default of the extended payment plan, and the licensee would be able to accelerate payment immediately on the remaining balance; g. If a customer defaults on an extended payment plan, the payday lender would be able to take action to collect all amounts due. COMMENTS 1. Purpose of the bill To improve the payday loan product for consumers, ensure that the product is used responsibly, allow consumers with repayment issues to obtain an extended repayment plan that helps them avoid a cycle of debt, and impose additional requirements on the payday lending industry. 2. Background As noted above, Financial Code Section 23057 required the commissioner to submit a report on December 1, 2007 regarding implementation of the payday loan law. The report had to include, at a minimum, information regarding the demand for deferred deposit transactions, the growth and trends in the industry, common practices for conducting the business of deferred deposit transactions, the advertising practices of the industry, and any other information the Commissioner deems necessary to inform the Governor and the Legislature regarding potential legislation that may be necessary to protect Californians. Under the provisions of Section 23057, the Commissioner's recommendations for future AB 377 (Mendoza), Page 8 action had to include, but did not have to be limited to, changes in the fees charged to consumers, specifications regarding the length of time for deferred deposit transactions, maximum amount provided to consumers, additional regulation of advertising practices, and the implementation of an installment loan product in lieu of a deferred deposit transaction. On March 10, 2008, the DOC released two reports to fulfill its requirements under Section 23057. The two reports are titled, "California Deferred Deposit Transaction Law, California Department of Corporations, December 2007" and "2007 Department of Corporations Payday Loan Study, December 2007, submitted to the California Department of Corporations by Applied Management Planning Group, in conjunction with Analytic Focus". In the first of those reports, DOC included 22 recommendations, which it divided into those intended to improve its oversight of the industry (twelve recommendations) and those intended to strengthen its enforcement of the Payday Loan Law (ten recommendations). AB 377, like SB 1551 before it, includes all or a portion of nine of DOC's twelve regulatory oversight recommendations. AB 377 also contains provisions not contained in either of DOC's reports. Each of the elements of AB 377 is summarized in the next section, and is annotated to indicate whether it was included as a recommendation by DOC or is a stand-alone provision. 3. Discussion DOC's recommendation number 1 proposed to clarify the payday loan law, by confirming that licensees cannot refer delinquent payday loans to a local prosecutor for collection of returned checks. Financial Code Section 23035 provides that a customer is not subject to criminal penalty for failure to comply with the terms of a payday loan agreement and requires licensees to disclose to customers that they cannot be prosecuted or threatened with prosecution to collect a payday loan. DOC's recommendation was intended to clarify that a licensee may not use the criminal process to collect a returned check in conjunction with a payday loan, even if the customer is not criminally prosecuted. AB 377 (Mendoza), Page 9 AB 377 implements DOC's recommendation number 1 in its entirety. However, it should be noted that this Committee and the Senate Judiciary Committee held a joint informational hearing on March 26, 2008 to discuss the two reports referenced above. During that hearing, Gail Hillebrand, representing Consumers Union, suggested that DOC's recommendation, and, by extension, the language of this bill, should be expanded to prohibit licensees from referring uncollected checks to district attorney (DA) check diversion programs. Penal Code Sections 1001.60 and 1001.61 authorize DAs to create diversion programs for persons who write bad checks, and to run the diversion programs themselves or contract out with private entities to run the programs. A diversion program provides a way for someone who writes a bad check to avoid prosecution for having done so, if they comply with several requirements, including completing a class or classes conducted by the DA or private entity under contract with the DA, make full restitution to the victim of the bad check, and pay any collection fee, if imposed. Ms. Hillebrand's suggestion was based on the concern that debt collection agencies acting on behalf of a local DA pursuant to a check diversion program can make it appear to borrowers that the DA is pursuing them for writing a bad check. She suggested an amendment to prohibit licensees from referring, or threatening to refer, a customer to a prosecutor's check diversion program. Language is provided in the Suggested Amendments section below to implement this suggestion. DOC's recommendation number 3 proposed to improve disclosures for consumers, by requiring that the notice provided to borrowers before they enter into a payday loan agreement be a separate, distinct document from the written agreement; require the licensee to have the borrower initial a copy of the notice to acknowledge receipt; and require the licensee to retain a copy of the notice with the borrower's initials acknowledging receipt in the file. These changes are intended to ensure that customers have an opportunity to review and understand the mandated notices and disclosures. AB 377 implements this recommendation in its entirety. DOC recommendation number 4 proposed to require license applicants and existing licensees to notify DOC of other business that will be or is being conducted at the licensed AB 377 (Mendoza), Page 10 location. This recommendation is intended to help coordinate oversight of businesses with other agencies and regulatory programs that may have jurisdiction over the other businesses (e.g., check cashing, which is overseen by the Department of Justice). This recommendation could also help detect whether consumers are receiving other products or services in a manner that violates the law. AB 377 implements recommendation number 4 in its entirety. DOC recommendation number 5 proposed to expand consumer protections for payday loan transactions conducted over the Internet, to ensure that consumers obtaining payday loans over the Internet from California licensees are adequately protected. DOC proposed to require that all required notices and disclosures be provided to Internet borrowers; require that Internet borrowers can download the agreement, notices, and disclosures, or, if they cannot download these documents, require the licensee to mail copies to the borrower within 24 hours; require that the borrower agree to conduct the transaction over the Internet; and require the transaction to comply with the Uniform Electronic Transactions Act (Civil Code Section 1633.1 et seq.). AB 377 implements recommendation number 5 in its entirety. It should be noted, however, that Internet payday lending is an extremely controversial subject. Members of the payday loan industry believe that Internet payday lending is legal in California, and point to the existence of several Internet payday lenders who operate in California, with the knowledge of DOC, and without regulatory enforcement action by DOC on the basis of their Internet operations. Consumer groups have previously testified before this Committee that the core element of a payday loan is the existence of a check, and the understanding that the payday lender will wait to cash that check until the date written on it. These consumer groups believe that California's payday loan law does not authorize Internet lending, nor should it. DOC's recommendation number 8 proposed requiring licensees to prominently disclose that borrowers have the right to request a written extension agreement and payment plan. AB 377 implements this recommendation with a twist. Instead of informing customers that they are entitled to request a written payment plan, AB 377 informs them that they are entitled to receive an extended payment plan, and prescribes AB 377 (Mendoza), Page 11 the terms and conditions of that repayment plan, as summarized above. DOC's recommendation number 9 proposed to require licensees to keep copies of their advertising for at least two years, to help protect consumers from false advertising on the Internet and ensure the availability of advertising records for audit purposes. AB 377 implements this recommendation in its entirety. DOC's recommendation number 11 requires, rather than authorizes, the use of a specific chart to compare payday loan fees and related cost information. Existing law requires licensees to post a schedule of all charges and fees, as specified, and provides an example of one way in which the information may be presented. This recommendation requires licensees to use the sample chart provided in law. AB 377 implements this recommendation in its entirety. DOC's recommendation Number 12 was intended to help DOC detect unscrupulous operators and bar them on an ongoing basis. The recommendation proposed to require license applicants to list each person in charge of a payday lending location, and require that person to submit fingerprint information and a historical profile through a Statement of Identify and Questionnaire (SIQ). It proposed to require the licensee to notify DOC within ten days of a change in the person responsible for the location, and to submit new fingerprint information and an SIQ for that person. Finally, it proposed to require license applicants and all persons named in license application to disclose whether they had conducted or are conducting deferred deposit transaction business in any other state, and whether they have violated similar regulatory schemes in that other state/those other states, both in the past and on an ongoing basis. Substantially all of these recommendations are contained in AB 377. The one portion of recommendation number 12 that is not contained in AB 377 is the portion that proposed to require each licensee to notify DOC at least 60 days prior to a change of its officers, directors, or any other persons named in the application. DOC proposed that this notification include the effective date of the change, the names of all persons involved in the change, and must include fingerprint information and an SIQ for each AB 377 (Mendoza), Page 12 successor person involved in the change. Provisions of the bill that were included as options (rather than recommendations) in DOC's report: Option Number 2 suggested increasing the maximum amount of a payday loan from $300 to $500 or $750, based on the fact that California's maximum loan amount is less than that of most other states, and on the observation that the maximum loan amount in California may be too low to help consumers fully meet their emergency cash needs, since some borrowers appear to be obtaining payday loans from multiple payday lenders. As one part of this option, DOC suggested amending the law to provide that this maximum dollar amount not include the fee (so, for example, instead of presenting a check for a maximum of $300 and receiving only $255, because the 15% fee is deducted from the $300, the law could be changed to allow the maximum amount borrowed to equal $300, and to impose the 15% fee on top of that $300 amount). AB 377 includes the first half of this option, by increasing the maximum amount of the check that may be presented to obtain a payday loan from $300 to $500, but does not adopt the second half of this option. Option Number 6 suggested requiring licensees to offer a payment plan with a minimum number of six, equal monthly installment payments to all borrowers that have had continuous (consecutive) loans for three months, and prohibit the licensees from charging the customer any additional fees or interest in connection with the payment plan. AB 377 requires licensees to offer a payment plan with at least four substantially equal payments to any borrower who requests one, but limits the number of payment plans that may be requested to one per calendar year. Consistent with DOC's option, AB 377 prohibits licensees from charging the customer any additional fees or interest in connection with the payment plan. Provisions of the bill that were not contained in DOC's report: This bill's provisions giving consumers a right to rescind their payday loans by the close of the business day following the day on which the loan was taken out and imposing a 5-cent per transaction fee on payday loans to fund financial literacy programs relating to payday loans were not contained in DOC's report. They are offered by the author AB 377 (Mendoza), Page 13 as consumer protections. 4. Support The California State Conference of the National Association for the Advancement of Colored People (NAACP) believes that it is important to provide an array of choices to consumers to help them meet their financial obligations, and feels that AB 377 contains provisions that represent improvements to California's current payday loan regulatory environment. The California NAACP points to the bill's right of rescission, right to receive an extended repayment plan, and protection from referral to law enforcement for collection purposes as examples of provisions it supports. The California NAACP also believes that stronger controls on licensees, such as disclosure of the previous conduct of the same or similar business in any other state, and more clarity on the identities of the officers, directors, partners, and owners of payday loan businesses will enable the state to better monitor their activities. The California Financial Service Providers (CFSP), a trade association of payday lenders, check cashers, and other financial service providers, states that AB 377 contains many of the DOC's report recommendations, which it describes as industry best practices and needed improvements for California consumers. CFSP also supports the proposed increase in the maximum size of a check presented to obtain a payday loan from $300 to $500, and cites the inclusion of this provision as an option in DOC's report. Check into Cash and Check n' Go concur with CFSP, observe that the $300 limit on the size of a payday loan check has not been increased since 1996, and assert that it was considered modest to meet most consumers' needs back then. The Alameda Merchant's Association supports increased consumer protection and financial options for its membership and believes that AB 377 offers both. "It is important to continue to provide the hardworking people of the Los Angeles community and California with financial products that meet their needs." The Merchant's Association observes that payday loans are an important short-term financing option in its community, and believes that it offers its community a legal, regulated option that has clear information on repayment and fees. The Alameda Merchant's Association believes that AB 377 helps clarify and strengthen consumer protections on payday loans. AB 377 (Mendoza), Page 14 5. Opposition ACORN, the California Reinvestment Coalition, the Center for Responsible Lending, Consumers Union, the Greenlining Institute, and AARP oppose AB 377, unless it is amended to address the debt trap created by payday lending. These groups make four recommendations, including: 1) extending the minimum loan term to 31 days, 2) restricting customers from having payday loans outstanding from any payday lender for more than three months during any twelve-month period (which consumer groups note is consistent with guidance on this topic adopted by the Federal Deposit Insurance Corporation in 2005), 3) requiring licensees to automatically provide borrowers who have had two or more payday loans in any 45-day period with a payment plan that includes at least six installment payments; and 4) allowing DOC, in specified civil actions, to appoint a receiver or conservator over a payday lender's assets and require a licensee to take remedial action and/or provide an accounting or audit or specified financial reports. Writing in opposition to the bill, the groups assert that the Legislature should not legitimize Internet payday lending and state that payment plans have no real impact on reducing the average annual number of loans or in mitigating the debt trap. They also cite data suggesting that increasing the maximum amount of a payday loan will hurt, rather than help, payday loan borrowers. Writing in support of their suggested amendments, the groups state that limiting borrowers to having loans during only three months in any twelve-month period will prevent borrowers from using payday loans as a long-term source of credit. Extending the minimum payday loan to 31 days will reduce the APR on a $255 loan to 228% and give more borrowers a longer period in which to save and budget for repayment. The consumer groups note that most payday loans are due in full at a borrower's next payday (usually two weeks). While criticizing the value of payment plans, the groups believe that any payment plan should be automatic, not simply offered, to all borrowers who have had two or more payday loans in any 45-day period. Six equal installments payments will bring the payments to $50, more in line with, though still in excess of, the $45 required to obtain a new payday loan in California. AB 377 (Mendoza), Page 15 Finally, the groups recommend adopting DOC's enforcement recommendation number 6, to allow DOC, in certain (unspecified) civil actions, to take specified actions to prevent against further harm to consumers. The California Teamsters Public Affairs Council, California Labor Federation, Teamsters, and several other labor organizations agree with the author that the payday lending industry needs more oversight and scrutiny, but believe that AB 377 moves in the wrong direction, because it contains no meaningful protections for payday borrowers. The payment plan it proposes has already been implemented in other states and been shown to be ineffective in preventing the debt trap. Because the payment plan will cost nearly twice the amount it will cost to take out a second loan, a borrower struggling to pay his or her bills is unlikely to choose to pay the higher amount. Like the consumer groups above, the labor groups are concerned that the bill legitimizes Internet payday lending. They note that many Internet lenders are based out of state, and that others are tribal entities. For those reasons, the applicability of any state lending laws to their activities is questionable. They also cite a 2008 California Court of Appeals ruling that payday lending companies owned by tribes have sovereign immunity, and that DOC may not apply California's payday loan law to them. The labor groups encourage the author to strike the bill's reference to Internet payday loans. The labor groups also support the four amendments, described above, which are favored by the consumer groups. Veritec, a company that operates payday loan databases in eleven states, is opposed to the bill on the basis that it will prove useless and ineffective, without language requiring the creation of a database to track payday loans made in California. In its letter of opposition, Veritec observes that it does not advocate for or against the merits of payday lending. However, the company "cannot support statutes that are 'good intentions,' yet do not provide any level of enforcement." Veritec believes that the creation and maintenance of a database to track all loans made in California is the only viable method of statewide payday loan enforcement. It points to the conclusion, reached by AMPG in its payday loan report to DOC, that "there is an AB 377 (Mendoza), Page 16 immediate need for the establishment of a real time information network that allows lenders to identify borrowers who have more than one account and/or more than one open loan at any given period." DOC identified the creation of a uniform database to record all transactions in real time as an option in its report. It noted that a single database to record payday loan transactions would benefit consumers by providing for immediate enforcement of restrictions regarding the number of loans, multiple loans, terms of loans, rollovers, and charges. However, DOC noted that this benefit would need to be weighed against any additional cost to licensees, which, in turn, could be passed along to consumers. Veritec believes that if AB 377 is amended to include a requirement to implement a payday loan database, the bill would "solve or remedy 15 of the 28 recommendations referred to in the" DOC and AMPG reports. Absent this language, Veritec opposes the bill, because "we simply cannot allow the industry to work half-hearted reforms that embolden the consumer protection groups to work to shut down the industry." 6. Suggested Amendments . a. In order to implement Consumers Union's suggested change to DOC recommendation number 1, staff suggests amending Section 23035(b) of the Financial Code (page 8, lines 14 through 16 of the bill) to read: (b) ?It is a violation of this division for a licensee to refer or deliver a check taken in a deferred deposit transaction to a prosecutor, prosecutor's diversion program established pursuant to Penal Code Section 1001.60, or other law enforcement official for purposes of collection or criminal prosecution?. b. Among its requirements, this bill requires information to be submitted to DOC, about whether specified persons were previously found, either individually or acting as representatives of a payday loan applicant, to have violated any provision of another state's payday loan law or regulations, or "any similar laws and regulations." The phrase "any similar laws and regulations" would benefit from AB 377 (Mendoza), Page 17 clarification. Does it mean any laws and regulations relating specifically to payday lending or its variants? Or to any law or regulation involving lending, generally? c. Another provision would require payday loan licensees to retain copies of all advertising copy for at least two years from "the date of its use." The "date of use" should be clarified. Staff suggests amending the bill to require licensees to retain advertising copy for at least two years from the date of its first use, if the copy is still in use, and from the date of its final use, if the copy has been discontinued. d. This bill requires customers to be informed, both in a separate notice, and in their payday loan agreement, that they may rescind their payday loan, if they notify the payday lender that they wish to do so no later than the end of the business day following the date on which they take out the loan, and if they return all loan proceeds. However, in what is apparently an inadvertent drafting error, the bill lacks language requiring payday lenders to allow customers to rescind their loans, under these circumstances. This language needs to be added, and needs to be clear on how, exactly, a customer must request such rescission (e.g., in person and in writing? Electronically, only if the transaction was initiated electronically?). 7. Prior and Related Legislation a. SB 1959 (Calderon, Chapter 682, Statutes of 1996): Enacted the earliest version of a payday lending law in California. Gave regulatory authority to the California Department of Justice. b. SB 898 (Perata, Chapter 777, Statutes of 2002). Enacted the Deferred Deposit Transaction Law and shifted the responsibility for administering the law to DOC; c. AB 7 (Lieu, Chapter 358, Statutes of 2007): Gave DOC the authority to enforce specified federal AB 377 (Mendoza), Page 18 protections granted to members of the military and their dependents under the Payday Lending Law; d. SB 1551 (Correa), 2007-08 Legislative Session: Would have implemented all or a portion of nine the twelve regulatory oversight recommendations made by DOC in its March 2008 report. Failed passage in the Senate Judiciary Committee. e. AB 2845 (Jones), 2007-08 Legislative Session: Would have prohibited licensees from charging an annual percentage rate greater than 36% on payday loans. Provision amended out as a condition of passing the Assembly Banking & Finance Committee. A bill stating the intent of the Legislature to enact a 35% rate cap was never moved out of the Assembly Rules Committee. AB 377 (Mendoza), Page 19 POSITIONS Support Alameda Merchant's Association California Financial Service Providers California State Conference of the National Association for the Advancement of Colored People Check into Cash Check n' Go of California Oppose AARP Acorn California Conference Board of the Amalgamated Transit Union California Labor Federation California Reinvestment Coalition California Teamsters Public Affairs Council Center for Responsible Lending Consumers Union Engineers and Scientists of California Greenlining Institute International Longshore & Warehouse Union Professional & Technical Engineers, Local 21 UNITE HERE! United Food and Commercial Workers Union, Western States Council Veritec Consultant: Eileen Newhall (916) 651-4102