HB395 Alabama 2016 Session

Sponsors

Session

Regular Session 2016

Title

Consumer, regulate the lending of money, provide criminal penalties, Alabama Consumer Lawsuit Lending Act

Description

<p class="bill_description"> This bill would regulate the providing of money or credit to a consumer pursuant to an agreement under which the consumer is not prohibited from using the money or credit for a purpose other than prosecuting a dispute, and under which repayment of the money or credit is conditioned upon the consumer's recovery of money in a dispute or where recourse against the consumer by the person providing the money or credit is limited exclusively or primarily to the amount recovered by the consumer in a dispute</p><p class="bill_description"> This bill would define provider of money or credit as a consumer lawsuit lender</p><p class="bill_description"> This bill would provide that each provision of money or credit would be deemed to be a consumer loan and the maximum finance charge on the loan would be as provided in this bill, regardless of the amount of the loan or credit provided</p><p class="bill_description"> This bill would require each consumer lawsuit lender to obtain a license under Section 5-19-22 of the Code of Alabama 1975</p><p class="bill_description"> This bill would provide that the lender would be subject to Sections 5-19-16, 5-19-19, 5-19-23, 5-19-24, 5-19-25, and 5-19-26, Code of Alabama 1975</p><p class="bill_description"> This bill would allow the Superintendent of Banks of the State Banking Department to issue regulations and interpretations under the act</p><p class="bill_entitled_an_act"> Relating to the extension of money or credit to consumers for a purpose other than the prosecution of a dispute where repayment of the money or credit is conditioned upon the consumer's recovery of money in a dispute or where recourse against the consumer by the person providing the money or credit is limited exclusively or primarily to the amount recovered by the consumer in a dispute; to define the terms amount financed, consumer, consumer lawsuit lender, consumer lawsuit lending, consumer lawsuit lending agreement, dispute, and finance charge; to provide for the maximum finance charge under a consumer lawsuit lending agreement without regard to the amount financed or the manner in which the transaction is structured; to provide that a consumer lawsuit lender is required to be licensed under Section 5-19-22 of the Code of Alabama 1975, to engage in consumer lawsuit lending transactions without regard to the number of extensions of credit the consumer lawsuit lender made or arranged in the preceding calendar year; to provide that a consumer lawsuit lender is subject to the provisions of Sections 5-19-16, 5-19-19, 5-19-23, 5-19-24, 5-19-25, and 5-19-26, Code of Alabama 1975; and to provide that the Superintendent of Banks of the State Banking Department is authorized to issue regulations and interpretations of this act; to provide remedies for violations of this act by a consumer lawsuit lender. </p>

Subjects

Consumer