1 00:00:00.040 --> 00:00:04.520 Welcome back everyone. So Anaya is out exploring the sponsor showcase area, 2 00:00:04.700 --> 00:00:05.920 and she's interviewing people. 3 00:00:06.260 --> 00:00:09.520 And now we're gonna get started with our red carpet interview. 4 00:00:09.520 --> 00:00:11.680 So right now I'm here with Scott Pearson. Scott, 5 00:00:11.680 --> 00:00:14.160 thank you so much for joining us. So, uh, 6 00:00:14.180 --> 00:00:17.440 go ahead and walk me through who you're with and why you're here today. 7 00:00:18.310 --> 00:00:19.640 Well, I lead the, uh, 8 00:00:19.920 --> 00:00:22.560 consumer financial services group at Manat Phelps and Phillips, 9 00:00:22.570 --> 00:00:27.000 which is a big national law firm. We do quite a lot of work in the M C A space. 10 00:00:27.580 --> 00:00:27.910 Um, 11 00:00:27.910 --> 00:00:32.840 many years ago I defended some very significant class actions against some of 12 00:00:32.840 --> 00:00:36.160 the original players in the M C A space. And since that time, 13 00:00:36.720 --> 00:00:40.120 a lot of companies have come to us to write their contracts and help them with 14 00:00:40.120 --> 00:00:42.120 compliance work and that sort of thing. 15 00:00:42.140 --> 00:00:45.920 So I was asked to speak about legal and regulatory developments today. So 16 00:00:45.920 --> 00:00:47.160 Let's talk a little bit about that. 17 00:00:47.180 --> 00:00:50.840 That's been a hot topic on everyone's mind in this industry specifically. 18 00:00:51.420 --> 00:00:53.920 Excuse me, that's been on everyone's mind. So, uh, 19 00:00:54.110 --> 00:00:56.640 what exactly what are the key points are gonna be discussing today? 20 00:00:57.350 --> 00:00:57.640 Well, 21 00:00:57.640 --> 00:01:01.120 we're gonna spend a lot of time talking about the commercial disclosure laws 22 00:01:01.150 --> 00:01:05.160 that have been proliferating around the country, uh, started in California, 23 00:01:05.270 --> 00:01:07.800 then New York, several other states have adopted them, 24 00:01:08.220 --> 00:01:10.600 and there are more on the way. So we're gonna talk about that. 25 00:01:11.010 --> 00:01:14.960 We're gonna talk about some other developments in terms of greater 26 00:01:15.370 --> 00:01:17.720 regulation of commercial financing. I mean, 27 00:01:17.720 --> 00:01:22.200 the idea is a lot of people think that certain small business borrowers are more 28 00:01:22.200 --> 00:01:26.520 like consumers than they are like a big company like an I B M or General Motors. 29 00:01:27.100 --> 00:01:30.640 And so, uh, the view is that they may be more in need of protection, 30 00:01:30.700 --> 00:01:35.560 and so there's more and more laws being passed to regulate those companies. 31 00:01:35.690 --> 00:01:39.000 There was a rulemaking in California recently that was pretty important, 32 00:01:39.020 --> 00:01:40.280 so we'll talk about that as well. 33 00:01:40.780 --> 00:01:45.440 So for those watching at home, what's one takeaway they can, uh, receive, uh, 34 00:01:45.440 --> 00:01:48.200 since they're not gonna be able to see it in person, uh, 35 00:01:48.220 --> 00:01:52.000 and that they work in the industry? So what's a takeaway that you have, uh, 36 00:01:52.060 --> 00:01:52.893 to give to them? 37 00:01:53.470 --> 00:01:53.800 Well, 38 00:01:53.800 --> 00:01:58.000 I just think it's important to always be focused on compliance and to understand 39 00:01:58.030 --> 00:02:01.600 that, you know, no matter how successful you are with your business, 40 00:02:02.120 --> 00:02:05.760 a lot of your successes can be clawed back by regulators if you're not doing 41 00:02:05.760 --> 00:02:08.400 things the right way. So it's important to get good advice, 42 00:02:08.630 --> 00:02:09.920 make sure that you know, 43 00:02:09.920 --> 00:02:13.560 your contracts are compliant and that you're complying with the laws that apply 44 00:02:13.560 --> 00:02:14.393 to this business. 45 00:02:14.740 --> 00:02:17.120 And for those people that are starting out in the industry, 46 00:02:17.120 --> 00:02:20.960 that are watching this at home and they can't, uh, you know, 47 00:02:21.500 --> 00:02:24.760 get up to date with their compliance or they're trying to figure out how to 48 00:02:24.920 --> 00:02:25.800 maneuver that, what do you say to them? 49 00:02:26.710 --> 00:02:27.000 Well, 50 00:02:27.000 --> 00:02:31.240 I would say we see a lot of young companies cobbling contracts together from 51 00:02:31.240 --> 00:02:32.600 things they find on the internet, 52 00:02:32.660 --> 00:02:36.240 and it's a good way to get yourself in trouble. There are some, uh, 53 00:02:36.240 --> 00:02:39.160 some places that you can go to get some, uh, 54 00:02:39.270 --> 00:02:42.400 less costly advice to get you started. Uh, 55 00:02:42.420 --> 00:02:46.160 and I think it's important to make that part of the, the startup cost of, 56 00:02:46.300 --> 00:02:47.200 of a new company. 57 00:02:47.980 --> 00:02:52.080 And I think this is very important to ask, you know, for those individuals that, 58 00:02:52.460 --> 00:02:52.980 uh, 59 00:02:52.980 --> 00:02:57.520 are pretty much not taking into consideration the disclosure laws or that say, 60 00:02:57.540 --> 00:03:00.400 all right, you know, that popped up in California, New York, New Jersey, 61 00:03:00.690 --> 00:03:02.440 we're gonna not do business there. 62 00:03:02.820 --> 00:03:07.800 But obviously you and I both know that that is a common theme that it's popping 63 00:03:07.820 --> 00:03:10.840 up everywhere. So if you're trying to avoid it, what do you say to those guys? 64 00:03:11.950 --> 00:03:13.320 Well, I don't think they're crazy. There, 65 00:03:13.320 --> 00:03:18.120 there are a lot of states that are seeing less credit availability or less 66 00:03:18.350 --> 00:03:22.840 financing availability because of the way that they're regulating industries. 67 00:03:23.000 --> 00:03:24.680 I mean, in Colorado, for example, 68 00:03:25.170 --> 00:03:29.120 we're seeing lots of consumer lenders pull out of that state because of 69 00:03:29.120 --> 00:03:32.480 different things that they've done thinking that they're protecting consumers. 70 00:03:32.480 --> 00:03:34.400 We're actually, they're just taking away choices. 71 00:03:34.740 --> 00:03:36.800 So it's not a crazy thing to do. 72 00:03:36.910 --> 00:03:40.200 It's hard to do it in places like California and New York because the markets 73 00:03:40.340 --> 00:03:43.600 are so big. People really want to operate in those states. 74 00:03:43.780 --> 00:03:47.640 But if you wanna operate in California, if you wanna operate in New York, 75 00:03:48.150 --> 00:03:51.280 it's gonna be more costly because there's a lot more, uh, 76 00:03:51.690 --> 00:03:54.320 regulation that you need to be aware of. And 77 00:03:54.380 --> 00:03:57.440 You have seen the different, you know, trends, you know, 78 00:03:57.440 --> 00:04:01.040 you've seen how the different patterns of this unfolding. Uh, 79 00:04:01.110 --> 00:04:04.720 what would you say is something that you've, that has surprised you, uh, 80 00:04:04.720 --> 00:04:07.080 with the disclosure specifically speaking about that? 81 00:04:08.670 --> 00:04:11.800 Well, uh, I don't know if anything's really surprised me. 82 00:04:12.040 --> 00:04:16.800 I I think that there have been some efforts, um, by some 83 00:04:18.500 --> 00:04:22.480 People in certain circles trying to get states to pass more of these laws. 84 00:04:23.060 --> 00:04:27.120 And I think some of those efforts have really been misguided. I, I, I think, uh, 85 00:04:27.580 --> 00:04:28.840 I'd like to see that not happen. 86 00:04:29.340 --> 00:04:33.760 And I think there's too much infighting in the finance world. And, 87 00:04:33.780 --> 00:04:38.080 and the biggest problem in the finance world is there are certain companies that 88 00:04:38.080 --> 00:04:39.600 think, I don't have to outrun the bear. 89 00:04:39.760 --> 00:04:42.400 I just have to outrun this guy next to me and I'm gonna trip him. 90 00:04:42.700 --> 00:04:45.080 And that's not a good idea. Um, what, 91 00:04:45.080 --> 00:04:49.280 what ends up happening is you just create a more poisonous climate for everybody 92 00:04:49.350 --> 00:04:50.183 when you do that. 93 00:04:50.260 --> 00:04:53.600 And it would be good if we could find some common ground among all the different 94 00:04:53.600 --> 00:04:57.160 finance companies and, and all try to row in the same direction. 95 00:04:57.500 --> 00:05:00.480 And for your business, I mean, let's talk a little bit more about your business. 96 00:05:00.580 --> 00:05:03.440 How has it developed this year? I mean, how, you know, you, 97 00:05:03.440 --> 00:05:05.240 you're in a very specific niche area. 98 00:05:05.620 --> 00:05:09.600 So kind of walk me through what you've seen business owners in this business, 99 00:05:09.980 --> 00:05:12.320 uh, what have they been doing? Kind of walk me through all that. 100 00:05:13.190 --> 00:05:16.920 Well, I think that there are some companies that are aggressively focused on 101 00:05:16.920 --> 00:05:21.120 compliance and trying to get up to speed with disclosure laws because when you 102 00:05:21.120 --> 00:05:23.680 go to raise money from capital providers, 103 00:05:23.680 --> 00:05:25.560 they're gonna insist that you be compliant. 104 00:05:25.580 --> 00:05:27.320 And if you haven't done that ahead of time, 105 00:05:27.750 --> 00:05:29.280 then you've got some catching up to do. 106 00:05:29.340 --> 00:05:33.160 So we're seeing quite a few companies in investing in that space. 107 00:05:33.720 --> 00:05:35.760 I think interest rates being higher has, 108 00:05:35.900 --> 00:05:38.760 has obviously dampened business activity. 109 00:05:38.890 --> 00:05:42.920 We're seeing fewer transactions and we're seeing a lot more litigation and we're 110 00:05:42.920 --> 00:05:47.160 seeing a lot more enforcement activity from regulators, uh, 111 00:05:47.260 --> 00:05:48.640 is what I would say. Awesome. 112 00:05:48.670 --> 00:05:52.280 Well, Scott, thank you so much for your time. I appreciate you sharing what, uh, 113 00:05:52.280 --> 00:05:54.880 you're doing here today and your words of wisdom. So thank you. 114 00:05:54.880 --> 00:05:56.640 I'll go ahead and let you enjoy the rest of the conference.