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MD HB254

MD HB254
Commercial Law - Credit Regulation - Predatory Loan Prevention (True Lender Act)


summary

Introduced
01/10/2024
In Committee
01/10/2024
Crossed Over
Passed
Dead
04/08/2024

Introduced Session

2024 Regular Session

Bill Summary

AN ACT concerning Commercial Law - Credit Regulation - Predatory Loan Prevention (True Lender Act) FOR the purpose of prohibiting a person from engaging in certain activities to evade certain requirements relating to lending or the extension of credit; establishing that a person is a lender subject to certain statutory requirements under certain circumstances; and generally relating to lending and credit regulation. BY adding to Article - Commercial Law Section 12-1501 through 12-1503 to be under the new subtitle “Subtitle 15. True Lender Act” Annotated Code of Maryland (2013 Replacement Volume and 2023 Supplement)

AI Summary

This bill, known as the True Lender Act, aims to prevent predatory lending practices in Maryland. It prohibits any person from engaging in "devices, subterfuges, or pretenses" to evade lending requirements, such as through personal property sale and leaseback transactions or cash rebates for pretextual installment sales. The bill also establishes that a person is considered a "lender" subject to state lending laws if they hold the predominant economic interest in the loan, market or facilitate the loan, or if the totality of the circumstances indicates they are the true lender, even if they claim to be acting as an agent or service provider for a covered lender (e.g., a national bank, out-of-state bank, or out-of-state credit union). This is intended to close loopholes that have allowed some lenders to avoid state lending regulations.

Committee Categories

Business and Industry

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Economic Matters (House)

Last Action

House Economic Matters Hearing (13:00:00 1/23/2024 ) (on 01/23/2024)

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