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