1 00:00:00.180 --> 00:00:03.540 Big news in New York last week, the legislature recently passed 2 00:00:03.540 --> 00:00:06.360 a commercial financing disclosure law that is certain 3 00:00:06.360 --> 00:00:08.400 to shake up the small business finance industry. 4 00:00:08.639 --> 00:00:14.099 We started drafting this bill maybe over a year ago. And we 5 00:00:14.099 --> 00:00:17.669 worked with all parties to get to the point where we are right 6 00:00:17.669 --> 00:00:17.729 now. 7 00:00:18.410 --> 00:00:20.450 Hello, everyone. And welcome back to deBanked News. My name 8 00:00:20.450 --> 00:00:23.720 is Sean Murray. And the law I'm referring to is likely to have 9 00:00:23.720 --> 00:00:26.600 the largest impact on factoring companies and merchant cash 10 00:00:26.600 --> 00:00:29.450 advance providers. That's because the law requires a 11 00:00:29.450 --> 00:00:33.470 mandatory APR disclosure, even if the transactions are not 12 00:00:33.470 --> 00:00:38.030 loans. In fact, the law says if you can't calculate an APR, you 13 00:00:38.030 --> 00:00:41.300 should estimate one. In fact, the bill says the word 14 00:00:41.330 --> 00:00:45.620 "estimate" more than 20 times. And now let's go over to Johny 15 00:00:45.620 --> 00:00:46.490 Fernandez. 16 00:00:47.030 --> 00:00:50.480 That's why this bill is important. That's why New York 17 00:00:50.720 --> 00:00:51.380 leads 18 00:00:51.560 --> 00:00:54.650 Some industry participants are calling the bill of victory. 19 00:00:54.950 --> 00:00:58.100 deBanked recently spoke with the Innovative Lending Platform 20 00:00:58.100 --> 00:01:02.330 Association who helped draft the bill. Scott Stewart, the head of 21 00:01:02.330 --> 00:01:04.760 the ILPA, told us the following 22 00:01:04.840 --> 00:01:09.100 I think we came through with almost everything that we wanted 23 00:01:09.100 --> 00:01:13.780 to see. It's a it's a very, it skews very closely to the 24 00:01:13.780 --> 00:01:18.310 smartbox. And we're very proud of that. And I think that the 25 00:01:18.340 --> 00:01:22.000 collaboration with our partners in the legislature, in the 26 00:01:22.000 --> 00:01:26.380 drafting as well as various other groups really brought it 27 00:01:26.380 --> 00:01:30.640 to a place where you know where it's going to be a tremendous 28 00:01:30.640 --> 00:01:34.300 success and have a great value, we think to small businesses 29 00:01:34.300 --> 00:01:34.690 again. 30 00:01:35.050 --> 00:01:39.130 But not everything is clear, unusual terminology remained in 31 00:01:39.130 --> 00:01:42.400 the final version of the bill that is likely to create 32 00:01:42.400 --> 00:01:43.120 confusion. 33 00:01:43.300 --> 00:01:46.270 I've looked and I cannot find any financial disclosure 34 00:01:46.270 --> 00:01:48.610 document anywhere in the United States where the term "double 35 00:01:48.610 --> 00:01:50.920 dipping" is used. Now I know what it means when you're at a 36 00:01:50.920 --> 00:01:53.380 party and someone does it with a bowl of potato chips. Yep, I get 37 00:01:53.380 --> 00:01:56.290 that. But when it comes to financial services, could you 38 00:01:56.290 --> 00:01:58.480 please tell me what we would use "double dipping" for? 39 00:01:58.750 --> 00:02:01.480 Sean, well it is important to note that the bill actually has 40 00:02:01.480 --> 00:02:04.240 to be signed by the governor and then after that there will be a 41 00:02:04.240 --> 00:02:07.180 deliberation process. Now at this point, this can take 42 00:02:07.180 --> 00:02:10.450 anywhere from a couple of months to a couple of years to become a 43 00:02:10.450 --> 00:02:13.300 reality. Now the best piece of advice for people affected by 44 00:02:13.300 --> 00:02:16.750 this is to seek advice or counsel from either a trade 45 00:02:16.750 --> 00:02:18.220 association or law firm. 46 00:02:18.970 --> 00:02:21.070 Johny, had there been any additional foot traffic out on 47 00:02:21.070 --> 00:02:22.630 Wall Street since the last report in? 48 00:02:23.020 --> 00:02:26.020 Sean, no, there hasn't. And actually, we were there this 49 00:02:26.020 --> 00:02:29.350 morning walking in the downtown area on Wall Street and by the 50 00:02:29.350 --> 00:02:32.950 bull and it's the same story there. Sean actually right next 51 00:02:32.950 --> 00:02:35.530 door to the Department of State where I'm standing at is 52 00:02:35.530 --> 00:02:38.830 actually a restaurant. So we've been here in this generic area 53 00:02:39.010 --> 00:02:42.130 on Wall Street and by the bull and it's the same old story but 54 00:02:42.130 --> 00:02:45.100 like similar stories like this restaurant, you can see that 55 00:02:45.130 --> 00:02:48.220 they're closed, you can see the chains right here. They are 56 00:02:48.220 --> 00:02:50.980 locked and there are many signs around this area that are 57 00:02:50.980 --> 00:02:54.130 announcing that these restaurants are closed. And Sean 58 00:02:54.130 --> 00:02:56.830 and something else that I've noticed that is completely gone 59 00:02:56.830 --> 00:02:57.760 is your hair. 60 00:03:00.390 --> 00:03:04.410 Well, I mean, to be fair to me, it was my first haircut since 61 00:03:04.650 --> 00:03:08.310 March. But since I need to defend myself, I'll tell you 62 00:03:08.310 --> 00:03:11.760 what, I will pull up a photo of what I looked like when my hair 63 00:03:11.760 --> 00:03:15.930 was not all jumbled up, that if you guys behind me will pull up 64 00:03:15.930 --> 00:03:18.030 the photo. I think you know which ones I'm talking about. If 65 00:03:18.030 --> 00:03:22.320 you'll put it up on the screen. It will show you what what my 66 00:03:22.320 --> 00:03:25.110 hair situation had gotten to, but I must warn you it's not safe 67 00:03:25.110 --> 00:03:30.660 for all audiences. Yeah, there it is. Okay. See, see now my 68 00:03:30.660 --> 00:03:36.240 hair was a good foot up in the air. And that's not using 69 00:03:36.240 --> 00:03:39.630 any product. There's no gel in there. That was how I woke up 70 00:03:39.630 --> 00:03:42.510 in the morning. So you have to understand why I did what I 71 00:03:42.510 --> 00:03:45.870 I did. And someone pointed out to me earlier that the 72 00:03:45.870 --> 00:03:48.510 worst part of the picture isn't even the hair. It's the fact 73 00:03:48.510 --> 00:03:51.840 that I took a picture using a mirror as if I had forgotten that phones 74 00:03:52.200 --> 00:03:55.530 have front facing cameras So there's a lot of things wrong 75 00:03:55.530 --> 00:03:58.350 with that picture. I didn't intend to show it to you today 76 00:03:59.250 --> 00:04:02.220 But since Johny called me out on it, now the whole world has seen 77 00:04:02.880 --> 00:04:05.730 I guess that's why we've been keeping you in the studio. 78 00:04:07.860 --> 00:04:12.570 Fair enough. Fair enough. You got me. Okay. Well, we recently 79 00:04:12.570 --> 00:04:15.390 spoke to somebody who has worked in the financial district 80 00:04:15.390 --> 00:04:19.080 for years. His name is Chad Otar, CEO of Lending Valley and he 81 00:04:19.080 --> 00:04:20.910 has been holed up in of all places, Turkey. 82 00:04:21.150 --> 00:04:26.070 We came out here on March 3 for actually a week. For a wedding 83 00:04:26.070 --> 00:04:28.980 and my cousin was getting married to his high school 84 00:04:28.980 --> 00:04:33.480 weetheart. And we actually got stuck since the whole entire 85 00:04:33.480 --> 00:04:37.350 pandemic started. So we've been like I said from March 3, 86 00:04:37.350 --> 00:04:42.600 and today is what, July 24. And I'm still out here and I'm still 87 00:04:42.600 --> 00:04:46.020 waiting to get back home. But Lending Valley's still been 88 00:04:46.020 --> 00:04:50.700 operational and I've been working remotely. And actually Lending 89 00:04:50.700 --> 00:04:54.330 Valley doesn't even have an office anymore as well. All of our 90 00:04:54.330 --> 00:04:56.010 guys are working remotely. 91 00:04:56.039 --> 00:04:58.919 When is Chad Otar the man returning to America and getting 92 00:04:59.099 --> 00:05:00.479 American normalcy? 93 00:05:02.310 --> 00:05:06.660 Ah, honestly, I got used to this life. I love it here. You know, 94 00:05:06.750 --> 00:05:11.580 there's one thing I love, you have a better quality of life 95 00:05:11.580 --> 00:05:15.000 but unfortunately, as they say all good things need to come to 96 00:05:15.000 --> 00:05:15.450 an end 97 00:05:15.690 --> 00:05:18.600 We look forward to Chad's safe return to the United States. Thank 98 00:05:18.600 --> 00:05:21.450 you for joining. I'm Sean Murray with deBanked News