Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF1635

Introduced
2/13/23  
Refer
2/13/23  

Caption

Definition addition of "annual percentage rate" and interest rates regulation for consumer short-term and small loans

Impact

If enacted, SF1635 would have significant implications for financial institutions operating in Minnesota, as it would necessitate compliance with new standards regarding the issuance of small loans. The bill is designed to curtail deceptive lending practices by ensuring that contracts adhere to provisions that limit penalties and fees. It mandates that loan agreements cannot select non-Minnesota law for enforcement and prohibits provisions that limit borrowers' rights to organize class actions. Overall, these measures are intended to enhance consumer protection and promote fair lending practices across the state.

Summary

SF1635 addresses regulations concerning consumer small loans and short-term loans, specifically establishing limits on interest rates and prohibiting evasive practices aimed at circumventing the law. The bill defines consumer small loans as short-term, unsecured loans capped at $350. It specifies that lenders may charge an annual percentage rate (APR) of up to 36%, establishing a framework that aims to protect borrowers from excessive charges and predatory lending practices. Additionally, the legislation includes provisions mandating transparency and fairness in loan agreements, ensuring that practices are consistent with Minnesota's laws.

Sentiment

The sentiment surrounding SF1635 is largely supportive among consumer advocacy groups, who view the bill as a necessary step toward increasing accountability within the lending industry. However, there exists apprehension from some financial institutions and industry representatives who argue that the limits imposed could restrict access to credit for individuals who rely on small loans for urgent financial needs. This division reflects broader debates about balancing consumer protection with the availability of financial services.

Contention

Notably, there are discussions about the potential unintended consequences of restricting interest rates on small loans, with some opposing voices suggesting that these restrictions might ultimately lead lenders to withdraw from the market, reducing options for borrowers. Additionally, there is concern that such regulations may lead to more informal lending practices, which are not governed by the same consumer protections outlined in the bill. As the legislative process continues, stakeholders are keenly observing how this balance will be addressed.

Companion Bills

MN HF290

Similar To Consumer short-term and small loans regulated.

Previously Filed As

MN HF3448

Consumer small and short-term loans clarified to include earned wage access payday loans.

MN SF3831

Consumer small and short-term loans include an earned wage access payday loan clarification

MN HF5162

Credit card annual percentage rates limited to ten percent.

MN HF2601

Maximum interest rate for certain loans and contracts for deed modified.

MN SB368

Modifies interest rates for small loans

MN SB702

Setting new maximum annual interest rate for regulated consumer lenders on certain loans

MN SB759

Interest rates on consumer loans and activities of consumer lenders regulated by the Department of Financial Institutions. (FE)

MN AB763

Interest rates on consumer loans and activities of consumer lenders regulated by the Department of Financial Institutions. (FE)

MN CACR18

relating to tax rates. Providing that the rate of taxes in the state shall not exceed certain annual percentages.

MN HF2700

Minnesota Consumer Data Privacy Act modified to make consumer health data a form of sensitive data, and additional protections added for sensitive data.

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