RBFC Response to New CFPB Small Business Lending Rules

Last week, the CFPB updated its final Section 1071 small business loan data collection rules to improve the usefulness of the data and to reduce the burden on covered parties. As part of that, merchant cash advances were finally excluded from the reporting requirements.

The Revenue Based Finance Coalition (RBFC) had advocated strongly for some of the changes that made it into the final version. In a public statement, the RBFC offered this feedback on the news:

“The final 1071 Rule is an important step in the right direction. It reflects an evenhanded approach to sales-based financing and recognizes that these products are fundamentally different from traditional credit. The rule properly focuses on financing arrangements that clearly fall within the scope of the Equal Credit Opportunity Act. We’re pleased to see the Consumer Financial Protection Bureau acknowledge that whether a product constitutes credit depends on its specific structure.

The new framework provides important clarity for responsible providers and the small businesses that rely on flexible, performance-based financing. The Revenue Based Finance Coalition remains focused on advocating for fair, clear, and appropriate regulation of sales-based financing, with a top priority of ensuring that our members can continue to provide businesses with the capital they need to grow and thrive. This clarity will help support continued innovation and responsible access to capital for small businesses across the country.”

The Section 1071 label comes from its statutory section number in the 2010 Wall Street Reform and Consumer Protection Act.