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Bill > S01726


NY S01726

NY S01726
Provides interest rate limitations for financing arrangements and the extension of consumer credit; relates to the definitions of criminal usury in the first and second degrees; relates to the functions of the attorney general regarding rental purchase agreements.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the general obligations law and the banking law, in relation to limitations of rates of interest for financing arrangements and the extension of consumer credit; to amend the penal law, in relation to criminal usury; and to amend the personal property law, in relation to certain functions of the attorney general

AI Summary

This bill provides comprehensive updates to New York's laws regarding interest rates and financial arrangements, significantly expanding the definition of "financing arrangement" to include a wide range of financial transactions such as merchant cash advances, revenue-based financing, earned wage access, rent-to-own agreements, buy-now pay-later transactions, and income-sharing agreements. The legislation establishes a default interest rate of 6% per annum, with broader provisions about how interest is calculated and what can be considered part of the interest charge, including fees, insurance premiums, and other ancillary charges. The bill empowers the Attorney General to create rules and guidance for interpreting these financing arrangements and gives legal mechanisms to prevent and penalize usurious lending practices. Notably, the bill introduces stricter definitions of criminal usury, making it a felony to charge interest rates exceeding 25% per annum, and provides protections for borrowers by allowing recovery of excess interest charges. The legislation aims to create more transparency and consumer protection in various financial transactions, covering everything from small personal loans to more complex financial arrangements, and ensures that lenders cannot circumvent interest rate limitations through creative fee structures or alternative financial products.

Committee Categories

Justice

Sponsors (6)

Last Action

COMMITTED TO RULES (on 06/13/2025)

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