1 00:00:00.539 --> 00:00:03.269 Johny Fernandez: You know what I am surprised about though. I am 2 00:00:03.269 --> 00:00:08.759 surprised about this of Virginia hopping on the bandwagon of 3 00:00:10.319 --> 00:00:12.269 commercial finance EPR disclosures? 4 00:00:12.810 --> 00:00:13.980 Sean Murray: Yes, that's right. 5 00:00:13.980 --> 00:00:16.330 Johny Fernandez: That's what I'm shocked about. Because it's 6 00:00:16.330 --> 00:00:19.420 coming. What I'm starting to see, we've talked about this 7 00:00:19.630 --> 00:00:23.770 last year. And now that it seems like certain states are starting 8 00:00:23.770 --> 00:00:28.000 to like, really, what's your smile? I don't know. What's the 9 00:00:28.000 --> 00:00:33.610 word? I'm sorry. He's just smiling at me. 10 00:00:33.960 --> 00:00:36.150 Sean Murray: I don't know. Yeah, I don't know. Yeah, no, but I'm 11 00:00:36.150 --> 00:00:39.120 still I still can't get over whether I want to find out. When 12 00:00:39.120 --> 00:00:42.030 I give my two cents on this bill. I want to find out if you 13 00:00:42.030 --> 00:00:44.220 were, if you're shocked 14 00:00:44.220 --> 00:00:47.360 Johny Fernandez: That you are. I'm not surprised that you were 15 00:00:47.360 --> 00:00:54.170 shocked okay. But on a serious note, Virginia's pretty much 16 00:00:54.170 --> 00:00:57.200 gonna piggy you. It's joining the bandwagon of what New York 17 00:00:57.200 --> 00:00:59.120 is doing? Yeah, we're you shocked? 18 00:00:59.360 --> 00:01:03.350 Sean Murray: Was I shocked. So I don't know that I would if I was 19 00:01:03.350 --> 00:01:09.380 necessarily shocked yet, because the bill is in such early stages 20 00:01:09.380 --> 00:01:12.860 that from what I understand, it only has one sponsor. Okay, so 21 00:01:12.860 --> 00:01:15.680 the bill is going to have a lot of legs to it. From the very 22 00:01:15.680 --> 00:01:17.840 beginning, you usually have several sponsors who are all 23 00:01:17.840 --> 00:01:20.000 like, yes, I want my name attached to it from the 24 00:01:20.000 --> 00:01:22.970 beginning. So that, you know, it becomes my bill and your bill 25 00:01:23.000 --> 00:01:25.940 going around. And you know, and say that this was our signature. 26 00:01:25.940 --> 00:01:28.730 You know, this is our one of our signature achievements of this 27 00:01:28.730 --> 00:01:31.670 future ones. Yeah, I've only seen one sponsor attached to the 28 00:01:31.670 --> 00:01:34.580 bill. I don't even think it's even gone into any committees 29 00:01:34.580 --> 00:01:37.670 yet. So we're talking about super early stages. But the 30 00:01:37.670 --> 00:01:40.610 reason we reported on it is because it's good to know that 31 00:01:40.610 --> 00:01:43.820 these things are in the works from the very beginning, because 32 00:01:43.820 --> 00:01:46.760 as we saw in New York, even though we reported on its 33 00:01:46.760 --> 00:01:51.290 progress along the way, people people were still shocked when 34 00:01:51.290 --> 00:01:54.380 it actually passed. In fact, when we reported that it passed, 35 00:01:54.380 --> 00:01:58.220 and these were the ramifications some people told us, we must be 36 00:01:58.220 --> 00:02:00.770 lying cause they had not heard anything about it, even though 37 00:02:00.770 --> 00:02:03.710 we've talked about it for months. So, you know, what else 38 00:02:03.710 --> 00:02:05.960 can we do? Other than bring it to people's attention? That's 39 00:02:05.990 --> 00:02:11.870 all we do. We report the news. A member of the Virginia's state 40 00:02:11.870 --> 00:02:17.030 legislature did introduce a bill on commercial financing, APR 41 00:02:17.030 --> 00:02:20.000 disclosure. It's not as comprehensive as the New York 42 00:02:20.000 --> 00:02:22.460 one. It's like, it's like a trimmed down stripped down 43 00:02:22.460 --> 00:02:27.050 version. Yeah, that focuses entirely on sales based 44 00:02:27.050 --> 00:02:30.590 financing, otherwise known as revenue based financing, or as 45 00:02:30.590 --> 00:02:33.170 some people call it merchant cash advance. So it's targeting 46 00:02:33.200 --> 00:02:35.330 one very specific thing. 47 00:02:35.490 --> 00:02:37.920 Johny Fernandez: So we want to get even more specific. It's 48 00:02:37.920 --> 00:02:42.330 Virginia, Virginia House Bill 1027. And it's aimed squarely at 49 00:02:42.330 --> 00:02:44.580 sales based financing provided. 50 00:02:44.600 --> 00:02:46.430 Sean Murray: Yeah, so that's the term of use sales based 51 00:02:46.430 --> 00:02:49.340 financing. That's been the key word in a lot of the in a lot of 52 00:02:49.340 --> 00:02:53.870 the state proposals, sales based financing. They're basically 53 00:02:53.870 --> 00:02:56.120 saying, if you're taking a if you're looking at someone's 54 00:02:56.120 --> 00:02:58.400 revenue, and you're buying buying some of their future 55 00:02:58.400 --> 00:03:01.580 sales, or taking a percentage of your future revenue, as 56 00:03:01.580 --> 00:03:04.820 repayment that this counts as sales based financing, that's 57 00:03:04.820 --> 00:03:09.290 aimed very specifically at one area of the finance market. And 58 00:03:09.290 --> 00:03:11.870 that's where that's where at least one Virginia state 59 00:03:11.870 --> 00:03:15.320 legislator has, you know, put their attention on, we'll see 60 00:03:15.320 --> 00:03:18.110 what happens to it could be nothing. But I don't want to not 61 00:03:18.110 --> 00:03:21.020 tell people, if we know it's in the works, because the earlier 62 00:03:21.020 --> 00:03:23.030 you know about something, the better. So we don't end up with 63 00:03:23.030 --> 00:03:26.090 a New York situation where the bill passes. Everyone says that 64 00:03:26.090 --> 00:03:28.520 can't be I've never heard of it. So that's, that's what's going 65 00:03:28.520 --> 00:03:29.150 on in Virginia. 66 00:03:29.180 --> 00:03:30.770 Johny Fernandez: Yeah. And speaking of New York, I know, 67 00:03:30.770 --> 00:03:33.440 it's one of those things that even the New York regulators, 68 00:03:33.440 --> 00:03:37.430 they also saw that, like the, the, you know, what they've 69 00:03:37.430 --> 00:03:40.970 introduced is, is still weak. I mean, it's not one of those 70 00:03:40.970 --> 00:03:43.310 things that, you know, they have everything figured out, the 71 00:03:43.310 --> 00:03:46.580 language is great. There's still a lot of questions regarding 72 00:03:46.580 --> 00:03:49.970 that, and, and how it's going to affect the business. And like, 73 00:03:50.150 --> 00:03:52.760 you know, I think the one thing that keeps coming to mind, 74 00:03:52.760 --> 00:03:55.190 right, when I think about the New York bill is like, if you 75 00:03:55.190 --> 00:03:58.040 live in Florida, and there's a transaction in New York and your 76 00:03:58.040 --> 00:04:02.030 deal touches New York, do you still technically get impacted 77 00:04:02.030 --> 00:04:05.660 even if like, you know, it's like things like that like? And 78 00:04:05.660 --> 00:04:08.180 then the other thing, were the comments, you know, in New York, 79 00:04:08.180 --> 00:04:10.160 like, again, the bill has passed, but it's still 80 00:04:10.160 --> 00:04:11.930 technically weak, because there's still a lot of 81 00:04:11.930 --> 00:04:14.300 questions. And I think that's what's interesting about the 82 00:04:14.300 --> 00:04:17.720 Virginia law, even though it's still fairly new, 83 00:04:17.840 --> 00:04:19.610 Sean Murray: It's just a bill. It's just a it's just an idea. 84 00:04:19.640 --> 00:04:24.080 Johny Fernandez: It's an idea that they are probably looking 85 00:04:24.080 --> 00:04:27.260 at Maryland, they're probably going to New York and kind of 86 00:04:27.440 --> 00:04:30.830 seeing how that's resulted. And clearly that hasn't resulted in 87 00:04:30.830 --> 00:04:34.040 the best for the for them, because a lot, there's still a 88 00:04:34.040 --> 00:04:36.260 lot of questions for everything. 89 00:04:36.260 --> 00:04:38.170 Sean Murray: Yeah, you bring up a really good point, because 90 00:04:38.217 --> 00:04:41.127 here you have Virginia copying and pasting huge segments of the 91 00:04:41.173 --> 00:04:44.083 New York, of the New York law. I'm like, we'll do that too. But 92 00:04:44.129 --> 00:04:46.485 New York would have benefited from a lot of earlier 93 00:04:46.531 --> 00:04:49.349 correspondence with people who it was going to affect because 94 00:04:49.395 --> 00:04:52.305 what are they have, as you just said, it's weak and people have 95 00:04:52.351 --> 00:04:55.215 all these questions, weak in the terms of nobody knows how you 96 00:04:55.261 --> 00:04:58.079 know who it applies to is just our theres a lot of questions. 97 00:04:58.125 --> 00:05:01.081 It's too ambiguous. And so what did New York regulators do? They 98 00:05:01.127 --> 00:05:03.899 actually said, Oh, I know we'll just call another state that 99 00:05:03.945 --> 00:05:06.763 implemented something similar. So they call the regulators in 100 00:05:06.809 --> 00:05:09.765 California, who passed their own disclosure bill like four years 101 00:05:09.811 --> 00:05:12.675 ago. And they said, Well, what did you guys do? And they said, 102 00:05:12.721 --> 00:05:15.493 We didn't know what to do. We couldn't fix this thing. We've 103 00:05:15.539 --> 00:05:18.310 been working on it for four years, New York is like, you got 104 00:05:18.357 --> 00:05:21.174 to be kidding me. Right? Four years, you had you had had this 105 00:05:21.221 --> 00:05:24.038 on your desk, you wouldn't able to figure it out. We're stuck 106 00:05:24.084 --> 00:05:26.856 with implementing this, like in a week from now. Never gonna 107 00:05:26.902 --> 00:05:29.304 happen. So they delayed the bill, then then you have 108 00:05:29.350 --> 00:05:32.260 Virginia saying, oh, we'll, copy New York, but New York doesn't 109 00:05:32.306 --> 00:05:34.847 know what to do. California didn't know what to do. And 110 00:05:34.893 --> 00:05:37.665 nobody knows what to do. But everyone's creating bills to do 111 00:05:37.711 --> 00:05:40.528 oh, we need to disclose. But it seems like people would these 112 00:05:40.575 --> 00:05:43.438 states, not saying that their initiatives are bad or acting in 113 00:05:43.485 --> 00:05:45.979 bad faith, but they it seems like they would certainly 114 00:05:46.025 --> 00:05:48.981 benefit from communicating with the party that's going to impact 115 00:05:49.028 --> 00:05:51.938 from the very beginning, before they passed the law. Because we 116 00:05:51.984 --> 00:05:54.801 as we're seeing so far the law gets passed, and then everyone 117 00:05:54.848 --> 00:05:56.280 say, Oh, this isn't gonna work. 118 00:05:56.310 --> 00:05:58.980 Johny Fernandez: Yeah, no, it's true. I think one of the things 119 00:05:58.980 --> 00:06:02.400 that was very, very interesting was that, you know, for one of 120 00:06:02.400 --> 00:06:07.020 these meetings that you know, they have, they were asking, you 121 00:06:07.020 --> 00:06:11.040 know, the leaders, you know, the state leaders, and a lot of the 122 00:06:11.040 --> 00:06:13.590 state leaders are like, confused themselves, like, what does this 123 00:06:13.590 --> 00:06:16.920 mean? Or like, what is the verbiage of this are just, 124 00:06:16.950 --> 00:06:18.960 they're just trying to understand the gauge of the 125 00:06:18.960 --> 00:06:21.570 entire industry, and they don't even know. And it's like, 126 00:06:21.930 --> 00:06:24.690 there's a lot of unknowns, it's across the board, 127 00:06:24.720 --> 00:06:26.880 Sean Murray: You can't pass it can't pass the law and not know 128 00:06:26.880 --> 00:06:30.120 anything. Not understanding it, it's, you really need to 129 00:06:30.120 --> 00:06:33.660 understand, talk to the relevant people, you will find if you're 130 00:06:33.660 --> 00:06:35.580 out there and your a regulator and your watching, you will find 131 00:06:35.610 --> 00:06:39.090 that so many people involved in this industry, are very 132 00:06:39.090 --> 00:06:42.060 interested in passing some sort of regulation to address the 133 00:06:42.060 --> 00:06:45.150 issues that you are, are concerned with. Yeah. Which is 134 00:06:45.150 --> 00:06:47.970 great news, because they're not combative. They're not opposed 135 00:06:47.970 --> 00:06:50.730 to something, right. But it seems like from what we've 136 00:06:50.730 --> 00:06:53.910 gathered, it would it would, it would serve everyone's interests 137 00:06:53.910 --> 00:06:56.430 better if there was communication a lot more early 138 00:06:56.490 --> 00:06:59.220 in the process, so that we don't end up with situations where 139 00:06:59.220 --> 00:07:01.470 there are laws passed, and then no one knows what to do. 140 00:07:01.540 --> 00:07:02.980 Johny Fernandez: And I think the other thing that's interesting 141 00:07:02.980 --> 00:07:06.760 is that the communication not only has to be within the area 142 00:07:06.790 --> 00:07:10.300 of state leaders, but also to the constituents that, you know, 143 00:07:10.330 --> 00:07:13.300 want to chime in or like, like in New York, it's like, hey, 144 00:07:13.300 --> 00:07:16.840 let's open up the comments area. And then everyone's like, oh, we 145 00:07:16.840 --> 00:07:19.180 didn't even know, like, we even know that was happening. We 146 00:07:19.180 --> 00:07:21.460 didn't know where to go. And we didn't know there was a 147 00:07:21.460 --> 00:07:24.940 deadline, the deadline passed. So it's like, at the end of the 148 00:07:24.940 --> 00:07:26.950 day, it's just a big clustered mess, 149 00:07:26.990 --> 00:07:28.940 Sean Murray: Isn't it? It's so weird. That's their hey, let's 150 00:07:28.940 --> 00:07:33.410 open it up to comments after the law is passed. And like, oh, 151 00:07:33.680 --> 00:07:36.290 like ah, and you've done this before the law was passed. Now 152 00:07:36.290 --> 00:07:38.780 the law has already passed. And then like they take comments. 153 00:07:38.780 --> 00:07:41.060 Hey, what do you guys think of this? Oh, it's not gonna work. 154 00:07:41.150 --> 00:07:42.110 Oh, it's already the law. 155 00:07:43.260 --> 00:07:45.585 Johny Fernandez: So it's interesting. I'm definitely 156 00:07:45.651 --> 00:07:49.571 gonna be interested in I say this all the time about what's 157 00:07:49.638 --> 00:07:53.691 gonna be happening in Virginia because I want to see how this 158 00:07:53.757 --> 00:07:55.020 is going to evolve. 159 00:07:55.560 --> 00:07:58.110 Sean Murray: Yeah, and I we will keep everyone updated as to 160 00:07:58.110 --> 00:08:00.630 whether or not one of us is shocked by the developments, 161 00:08:00.650 --> 00:08:03.020 Johny Fernandez: You know, maybe I'm not gonna be shocked. Are 162 00:08:03.020 --> 00:08:05.210 you gonna be shocked? We'll find out find out in 163 00:08:05.210 --> 00:08:08.030 Sean Murray: Tune in tune in for my reaction. And Johnny's 164 00:08:08.030 --> 00:08:08.900 analysis of it