- This file was automatically generated by VIMEO 1 00:00:00.100 --> 00:00:03.700 So we talked a lot about disclosure bills disclosure law, California 2 00:00:03.700 --> 00:00:06.200 passed their own one in 2018. And you may not 3 00:00:06.200 --> 00:00:09.700 know about it. You may not have heard of it. You may not have comply with it, because guess what, 4 00:00:09.900 --> 00:00:13.000 they haven't actually implemented it. And that's because the 5 00:00:12.300 --> 00:00:15.800 ideals of what the bill intended 6 00:00:15.800 --> 00:00:18.600 to accomplish or very hard to actually put into 7 00:00:18.600 --> 00:00:21.200 place. Some of the numbers that were required to be 8 00:00:21.200 --> 00:00:24.100 in these disclosures are not actually able to 9 00:00:24.100 --> 00:00:27.200 be calculated and so you kind of meat, you 10 00:00:27.200 --> 00:00:29.900 know fantasy vs. Reality, you want to do. 11 00:00:30.400 --> 00:00:33.300 Something. Yeah, and you're being told it's not going to work the way you think and 12 00:00:33.300 --> 00:00:36.600 you say well you're only saying that because you don't want to comply and 13 00:00:36.600 --> 00:00:39.100 then what they have found after the law 14 00:00:39.100 --> 00:00:42.000 has been passed that. Oh, maybe you were right. This is a 15 00:00:42.200 --> 00:00:45.100 lot harder than it looks and so California law was passed for 16 00:00:45.100 --> 00:00:48.400 years ago. And what do we have to show for it? Just 17 00:00:48.400 --> 00:00:51.300 more negotiating back and forth about how we can actually gonna 18 00:00:51.300 --> 00:00:54.500 do this New York past its own commercial, financing disclosure 19 00:00:54.500 --> 00:00:58.100 law. We've talked a lot about that. What happened? The 20 00:00:57.100 --> 00:00:59.900 the head of the Nyo? 21 00:01:00.600 --> 00:01:03.600 DFS kind of took a look at it and said, okay. We 22 00:01:03.600 --> 00:01:06.100 saw what you wrote. Here's our proposals for how we're 23 00:01:06.100 --> 00:01:09.000 going to put into place. They sent it out to everybody. They got a 24 00:01:09.200 --> 00:01:12.500 lot of comment, commentary and feedback and they learned. Oh, 25 00:01:12.500 --> 00:01:15.100 this is harder than we thought. It's not exactly what we 26 00:01:15.100 --> 00:01:18.100 thought. So they're going back to the drawing board where they're going to send out 27 00:01:18.100 --> 00:01:21.500 a revised proposal for how the law would play out. The 28 00:01:21.500 --> 00:01:24.100 public then has the opportunity to go back and comment on 29 00:01:24.100 --> 00:01:27.100 it. Yeah, and then I guess we'll be another process where 30 00:01:27.100 --> 00:01:29.800 they then finalize it and then they will choose when to 31 00:01:29.900 --> 00:01:32.300 To implement it and give people time to implement it. 32 00:01:32.300 --> 00:01:35.800 So here we have two states passed things, haven't implemented 33 00:01:35.800 --> 00:01:38.200 it Virginia, a recently passed their own 34 00:01:38.200 --> 00:01:41.100 disclosure law to too recent for it to 35 00:01:41.100 --> 00:01:44.300 have gone into place yet. And then Utah past its own bill as 36 00:01:44.300 --> 00:01:47.800 well. But people look to New York and California me say this 37 00:01:47.800 --> 00:01:50.400 is a success two massive states have 38 00:01:50.400 --> 00:01:53.300 passed their own law. So something like that gets brought to 39 00:01:53.300 --> 00:01:56.500 the state of Maryland. Look at what New York and California. Did we 40 00:01:56.500 --> 00:01:59.500 too need disclosures to help and save everybody, right? 41 00:01:59.500 --> 00:01:59.800 Yeah. 42 00:02:00.400 --> 00:02:03.300 And you have literally everyone. It seemed like it got on 43 00:02:03.300 --> 00:02:06.500 board in the state legislature. It was passing through 44 00:02:06.500 --> 00:02:09.800 the Senate, basically unanimously gets brought to the house. People 45 00:02:09.800 --> 00:02:12.300 said this bill looks pretty good who doesn't 46 00:02:12.300 --> 00:02:15.400 want disclosures. Yeah, who doesn't want to help, you know, save small 47 00:02:15.400 --> 00:02:18.800 business or whatever and it's really not about saving them. Everyone 48 00:02:18.800 --> 00:02:21.100 is all caught up in the idea of if 49 00:02:21.100 --> 00:02:24.200 we have these disclosures then small business owners will 50 00:02:24.200 --> 00:02:27.400 be better informed. But then what I think it goes back 51 00:02:27.400 --> 00:02:29.400 to when we spoke about Virginia was 52 00:02:29.900 --> 00:02:32.400 being transparent, making sure everyone fully 53 00:02:32.400 --> 00:02:35.900 understands, what they're getting themselves into regarding, 54 00:02:35.200 --> 00:02:38.500 you know, actually knowing that those 55 00:02:38.500 --> 00:02:41.400 small business owner, you bet, you know, pretty 56 00:02:41.400 --> 00:02:44.000 much started from the ground up. They fully understand our a, this is what 57 00:02:44.100 --> 00:02:47.300 I'm getting myself into. I know exactly all the details. So I'm 58 00:02:47.300 --> 00:02:50.400 not going to get screwed. Yeah. Well, that's how the bill is 59 00:02:50.400 --> 00:02:53.500 presented to the public. Correct. A transparency and 60 00:02:53.500 --> 00:02:56.300 disclosure just give the business owners, all the 61 00:02:56.300 --> 00:02:59.400 information. They need to make an informed decision. Don't withhold any 62 00:02:59.400 --> 00:02:59.800 of the information. 63 00:03:00.500 --> 00:03:03.700 Kitchen, and when you put it like that, it's like well who wouldn't 64 00:03:03.700 --> 00:03:06.800 be on board with that? Yeah. The problem is that the 65 00:03:06.800 --> 00:03:09.700 disclosures that they're being asked to provide may 66 00:03:09.700 --> 00:03:12.200 not be able to be calculated not because they don't 67 00:03:12.200 --> 00:03:16.000 want to calculate it. But because mathematically it can't a 68 00:03:16.300 --> 00:03:19.400 lot of legislators can hear words like 69 00:03:19.400 --> 00:03:22.200 can't be done as resistance. Yeah, you 70 00:03:22.200 --> 00:03:25.600 just don't want to comply and they're like no we're Finance people. 71 00:03:25.700 --> 00:03:28.800 This number can't be calculate it or this number 72 00:03:28.800 --> 00:03:29.800 that you're asking for. 73 00:03:29.900 --> 00:03:32.400 Is already federally defined and 74 00:03:32.400 --> 00:03:35.200 the federal definition of the number. You want said, it has 75 00:03:35.200 --> 00:03:38.500 to be done like this and we can't do that. They 76 00:03:38.500 --> 00:03:41.700 hear it as a resistance. They don't hear it as factual. Yeah. 77 00:03:41.700 --> 00:03:44.200 It's so everyone jumps on board with disclosure but 78 00:03:44.200 --> 00:03:47.500 in Maryland, what happened, is that the regulator's themselves? Or 79 00:03:47.500 --> 00:03:50.200 the ones? The kind of intervened. Yeah. And were like, whoa, whoa, whoa, 80 00:03:50.200 --> 00:03:53.200 whoa, whoa. Before you all get caught up in, 81 00:03:53.200 --> 00:03:56.300 like we're going to put out all this disclosure, who's gonna be in charge of 82 00:03:56.300 --> 00:03:59.400 policing all the stuff. Yeah, who's gonna be in charge of managing all this? Because 83 00:04:00.100 --> 00:04:03.500 Doesn't comply who they're going to report it to us, right? 84 00:04:03.600 --> 00:04:06.300 Or if someone's you know, a blatant violator who's going to be in charge 85 00:04:06.300 --> 00:04:09.100 of going enforcing the law and applying the penalties and doing the 86 00:04:09.100 --> 00:04:12.600 investigation. Inducting the audits going to be us, right? 87 00:04:12.200 --> 00:04:15.500 And what happens if we start taking the consumer, but, 88 00:04:15.500 --> 00:04:18.400 you know, Consumer Protection Agency and start policing, commercial 89 00:04:18.400 --> 00:04:21.900 finance, companies are commercial transactions. This branch 90 00:04:21.900 --> 00:04:24.400 of enforcement isn't really all that familiar 91 00:04:24.400 --> 00:04:27.400 with commercial transactions. And now you're asking us to apply 92 00:04:27.400 --> 00:04:29.800 what we know here. Two things that we don't know anything about 93 00:04:29.900 --> 00:04:32.800 Out. They gave a thumbs down. Two 94 00:04:32.800 --> 00:04:35.600 branches of to 95 00:04:35.600 --> 00:04:39.100 Maryland, Regulators gave a unfavorable report. 96 00:04:38.100 --> 00:04:41.100 Yeah, to the bill that was 97 00:04:41.100 --> 00:04:44.900 proposed. Even though there was bipartisan support by legislators. 98 00:04:44.100 --> 00:04:47.200 And so what happened? The bill came up 99 00:04:47.200 --> 00:04:50.100 for the bill did not come up to the floor for 100 00:04:50.100 --> 00:04:53.700 a vote when the session adjourned for 2022, even 101 00:04:53.700 --> 00:04:56.300 though it had all this momentum. Yeah, and 102 00:04:56.300 --> 00:04:59.500 there was a lot of back and forth. There were people that were for the bill. There 103 00:04:59.500 --> 00:04:59.800 were people 104 00:04:59.900 --> 00:05:02.300 That were against the bill and guess what? What 105 00:05:02.300 --> 00:05:05.700 happened in New York and California came up. And the question was, 106 00:05:05.100 --> 00:05:08.200 how can you say it's not possible? Yeah, how 107 00:05:08.200 --> 00:05:12.300 can you say it's not possible. They passed a law in New York and California. Now, 108 00:05:12.300 --> 00:05:15.200 you're saying we shouldn't do it here. Well, they did pass 109 00:05:15.200 --> 00:05:18.200 a law, but they weren't able to implement the law. So it kind 110 00:05:18.200 --> 00:05:21.500 of undermines the argument, right? When you point to something, as the success 111 00:05:21.500 --> 00:05:24.600 and say, you're just resisting because look what they did. Yeah, 112 00:05:24.600 --> 00:05:28.000 they pass something, but they pass something that they couldn't implement. This 113 00:05:27.100 --> 00:05:29.600 was actually raised by, I 114 00:05:29.900 --> 00:05:33.000 The Maryland Department of Labor saying hey New 115 00:05:32.200 --> 00:05:35.400 York past something, but they haven't implemented it 116 00:05:35.400 --> 00:05:38.200 yet. Let's find out how that works. If you're able to 117 00:05:38.200 --> 00:05:41.600 do it successfully maybe this will work. 118 00:05:41.600 --> 00:05:44.100 But right now we're living in the law of we don't know what's going to 119 00:05:44.100 --> 00:05:47.300 happen of all this uncertainty. Yeah and all the pressures going to fall back on 120 00:05:47.300 --> 00:05:50.100 us because yes guess what happens if these Regulators are now 121 00:05:50.100 --> 00:05:53.200 tasked with all this policing of 122 00:05:53.200 --> 00:05:56.400 commercial Finance. They're going to need more staff, more 123 00:05:56.400 --> 00:05:59.100 training. Bigger budgets you had with 124 00:05:59.100 --> 00:05:59.700 agencies now, 125 00:05:59.900 --> 00:06:02.700 Go to the government. Say we need to raise taxes 126 00:06:02.100 --> 00:06:05.200 to go and do all these things. So now we 127 00:06:05.200 --> 00:06:09.000 have the law of unintended consequences of what happens taxes. Go up budgets. 128 00:06:08.600 --> 00:06:11.500 Well, you have all these other things happening and 129 00:06:11.500 --> 00:06:15.000 it just creates the just gigantic mess. So you have these lofty 130 00:06:14.500 --> 00:06:17.800 ideals for what the bill wanted to accomplish. But 131 00:06:17.800 --> 00:06:20.400 when you put it into, you know contrast with 132 00:06:20.400 --> 00:06:23.500 what reality what what reality 133 00:06:23.500 --> 00:06:26.100 would actually do it failed on that 134 00:06:26.100 --> 00:06:29.600 on that on that basis. So something that we saw 135 00:06:29.600 --> 00:06:29.700 was 136 00:06:29.800 --> 00:06:32.800 Is that this is the third time. Something like this has 137 00:06:32.800 --> 00:06:35.600 been as failed essentially. Well, 138 00:06:35.800 --> 00:06:39.300 do you think there will be a fourth time? Oh, 100%. 139 00:06:38.500 --> 00:06:41.200 Yeah, 100%. This bill will 140 00:06:41.200 --> 00:06:44.300 come back and I think it will come back because there 141 00:06:44.300 --> 00:06:47.500 are still, there was clear bipartisan support for 142 00:06:47.500 --> 00:06:50.600 it. I think what may happen 143 00:06:50.600 --> 00:06:53.300 is that the language in that fourth go around will 144 00:06:53.300 --> 00:06:55.700 change and that is because 145 00:06:56.900 --> 00:06:59.700 They were still not successful. Yeah, so could 146 00:06:59.700 --> 00:07:02.400 introduce the exact same bill. I think would 147 00:07:02.400 --> 00:07:05.400 risk them having failure again for what they obviously 148 00:07:05.400 --> 00:07:08.700 want to accomplish. Yeah, the bills language has already changed 149 00:07:08.700 --> 00:07:11.300 each time. It's been introduced. This version 150 00:07:11.300 --> 00:07:14.600 that we saw in the 2022 session 151 00:07:14.600 --> 00:07:18.000 was drastically different than the one they introduced to 152 00:07:17.200 --> 00:07:20.500 three years ago. Yeah. So a 153 00:07:20.500 --> 00:07:23.800 lot of people would already argue that what was presented with a 154 00:07:23.800 --> 00:07:26.400 major Improvement and perhaps, there were those 155 00:07:26.400 --> 00:07:26.600 that 156 00:07:26.600 --> 00:07:29.500 I could live with the language and there were certainly those in 157 00:07:29.500 --> 00:07:32.300 the lending space that were proponents of the bill. 158 00:07:32.300 --> 00:07:35.500 I don't want to give the impression that everybody was against 159 00:07:35.500 --> 00:07:38.800 it. All the lenders were against this bill and everyone's against disclosure. 160 00:07:38.100 --> 00:07:41.700 First of all, nobody is against disclosure. Yeah, everyone's 161 00:07:41.700 --> 00:07:44.600 for things that make sense and to try to accomplish what 162 00:07:44.600 --> 00:07:47.600 the legislators want to accomplish. But, you 163 00:07:47.600 --> 00:07:51.100 know, at the end of the day, this particular language 164 00:07:50.400 --> 00:07:53.400 just conflicted too much with 165 00:07:53.400 --> 00:07:56.500 reality and The Regulators were the ones who voiced their 166 00:07:57.100 --> 00:08:00.200 You know, their vote against it. Yeah. So again, we're not 167 00:08:00.200 --> 00:08:04.100 lawyers, but this is, I'm just curious to ask you this question. Should 168 00:08:03.100 --> 00:08:06.200 people in the industry in Maryland, New 169 00:08:06.200 --> 00:08:09.500 York, California. Should they be worried? It's 170 00:08:09.500 --> 00:08:12.200 too. It's actually, I mean, they 171 00:08:12.200 --> 00:08:16.200 should be concerned. Should they pay attention? They 172 00:08:16.200 --> 00:08:19.700 should pay attention. When should they do their due diligence? Yes, but 173 00:08:19.700 --> 00:08:22.600 I, you know, at this point, given that 174 00:08:22.900 --> 00:08:25.600 the first bill first law passed 175 00:08:25.600 --> 00:08:26.300 on the matter. 176 00:08:26.700 --> 00:08:30.000 Happened four years ago and it still has not been implemented. 177 00:08:29.100 --> 00:08:32.500 We start to end up looking like the boy who cried wolf. 178 00:08:32.500 --> 00:08:35.500 Yeah, we come on here, the new law. You're 179 00:08:35.500 --> 00:08:38.300 all going to have to do this comply with that. It's going 180 00:08:38.300 --> 00:08:41.200 to be hard costs are going to go up and now there's another one in 181 00:08:41.200 --> 00:08:44.000 another state and and then at the end of the 182 00:08:44.300 --> 00:08:47.400 day we go home and people are like so like wait, 183 00:08:47.400 --> 00:08:50.300 so nothing actually changed yet. Yeah. I'm like, well, it's, 184 00:08:50.300 --> 00:08:53.500 you know, it's still caught up. It's you know, it's complicated. And 185 00:08:53.500 --> 00:08:56.100 then years go by. Yeah. Somebody at 186 00:08:56.600 --> 00:08:59.100 Me with a lot of experience said, you 187 00:08:59.100 --> 00:09:02.600 know, they've been hearing about all these disclosure laws and bills and regulations 188 00:09:02.600 --> 00:09:05.700 for years and not a single one had ever gone into place. Yeah, 189 00:09:05.900 --> 00:09:08.200 that's, that's, that's good to know. That's 190 00:09:08.200 --> 00:09:11.200 interesting to know, but I mean, we'll 191 00:09:11.200 --> 00:09:14.400 see if around for happened. Well, around for what happened. 192 00:09:14.400 --> 00:09:17.500 Yeah, and we will report on it and it out but in terms of 193 00:09:17.500 --> 00:09:20.400 like, you know, I think the urgency that we sometimes create 194 00:09:20.400 --> 00:09:23.100 about how this is going to change everything immediately. It says it's going to 195 00:09:23.100 --> 00:09:26.200 go into effect June first, right? So I guess 196 00:09:26.200 --> 00:09:26.500 the question. 197 00:09:26.700 --> 00:09:29.500 Is should people be freaking out right now? Now 198 00:09:29.500 --> 00:09:32.500 definitely, definitely not. In fact, this 199 00:09:32.500 --> 00:09:35.300 question was raised during one of the hearings and 200 00:09:35.300 --> 00:09:38.200 that was if we pass this law they 201 00:09:38.200 --> 00:09:41.700 were asking a business lending company. If we pass this law, will 202 00:09:41.700 --> 00:09:44.700 you continue to do business in the state? Because it 203 00:09:44.700 --> 00:09:47.200 was a test. It, this bill is as bad as 204 00:09:47.200 --> 00:09:50.500 you say. Yeah, and it's going to restrict lending and 205 00:09:50.500 --> 00:09:53.400 we pass it. Yep. And you still do exactly what 206 00:09:53.400 --> 00:09:56.500 you were doing. Then you're kind of over exaggerating. Yeah. 207 00:09:56.600 --> 00:09:59.300 The importance of it, aren't ya, right, but the answer that 208 00:09:59.300 --> 00:10:02.100 was given and I'm not I'm not going to name. I'm not going to 209 00:10:02.100 --> 00:10:05.100 say who it was. Was they don't know what the outcome is 210 00:10:05.100 --> 00:10:08.400 going to be. They don't know if they would continue to do business and they can't 211 00:10:08.400 --> 00:10:11.300 save others would either and part of that comes 212 00:10:11.300 --> 00:10:14.200 from, they have no idea what the final rules are going to look like. Yeah, 213 00:10:14.200 --> 00:10:17.100 because even if this law passes and The Regulators get ahold of 214 00:10:17.100 --> 00:10:20.100 it, they're going to say. Now I see what New York and 215 00:10:20.100 --> 00:10:23.400 California was talking about is going to be a headache. Yep. 216 00:10:23.700 --> 00:10:26.500 No one knows like you can go to conferences and 217 00:10:26.600 --> 00:10:29.400 You're from attorneys, who were there to kind of give guidance 218 00:10:29.400 --> 00:10:33.000 on how to comply with upcoming laws and they say no offense, but 219 00:10:32.100 --> 00:10:35.700 we just don't even have all the information. Yeah. Yeah, 220 00:10:35.700 --> 00:10:38.200 and that depth that definitely was. I 221 00:10:38.200 --> 00:10:41.700 mean speaking for New York specifically, there 222 00:10:41.700 --> 00:10:44.500 was just a lot of back and forth back and forth. Like oh 223 00:10:44.500 --> 00:10:47.300 like, hey, like comments are open, comments are closed, comments are 224 00:10:47.300 --> 00:10:50.100 open again. It's like there's just so much back and forth. And then they 225 00:10:50.200 --> 00:10:53.400 remember, remember they close the comments because I never told him anyone 226 00:10:53.400 --> 00:10:56.200 who was open. Yeah. It was. People are waiting to find out 227 00:10:56.200 --> 00:10:56.400 when the 228 00:10:56.600 --> 00:10:59.200 Commenting period would start, and we may have been one 229 00:10:59.200 --> 00:11:02.400 of the first to discover, that the comment period had already closed over 230 00:11:02.400 --> 00:11:05.200 it. And we're like, when were 231 00:11:05.200 --> 00:11:08.500 you going to tell everyone? Yeah, and they were actually like, oh, actually. Will 232 00:11:08.500 --> 00:11:11.600 extend it. Yeah, I don't think that many people in. You know, know 233 00:11:11.800 --> 00:11:14.400 people were like, wait what? I remember that fit 234 00:11:14.400 --> 00:11:17.400 a specific tutorial. A lot of people were like caught off guard because like wait 235 00:11:17.400 --> 00:11:20.900 it closes I am eager for the day that 236 00:11:20.900 --> 00:11:24.400 a disclosure law actually gets implemented. Well, 237 00:11:23.400 --> 00:11:26.300 I think I think that's the big thing. It's like 238 00:11:26.300 --> 00:11:26.500 there's 239 00:11:26.600 --> 00:11:29.400 A difference between it passing like we said earlier being 240 00:11:29.400 --> 00:11:34.000 a law and then actually how it implicated implemented 241 00:11:32.200 --> 00:11:35.900 and how, 242 00:11:35.900 --> 00:11:38.900 you know, it actually plays out on the day-to-day of 243 00:11:38.100 --> 00:11:42.000 business owners that are, in this space specifically. 244 00:11:41.200 --> 00:11:45.300 Yeah, you want to know, just how, how bureaucratic 245 00:11:44.300 --> 00:11:47.600 thing is can can can 246 00:11:47.600 --> 00:11:50.800 play out. Sure. So in 2010, they 247 00:11:50.800 --> 00:11:53.600 passed a law that could have a cfpb and 248 00:11:53.600 --> 00:11:56.400 the cfpb was given a mandate to collect data from small. 249 00:11:56.500 --> 00:11:59.400 Business lenders and analyze it and find out if there's discrimination or 250 00:11:59.400 --> 00:12:03.400 disparities. And what ever since then that 251 00:12:02.700 --> 00:12:05.400 law has still not been 252 00:12:05.400 --> 00:12:08.300 implemented. They haven't collected any data. You haven't agreed 253 00:12:08.300 --> 00:12:11.400 on how it's supposed to be collected. In fact, it languished for 254 00:12:11.400 --> 00:12:15.200 so long to see if PB actually got sued saying, 255 00:12:14.200 --> 00:12:17.200 you were supposed to implement this last ten years ago. 256 00:12:17.200 --> 00:12:20.500 What's going on with? And we're still working on it, right? 257 00:12:20.800 --> 00:12:23.100 So and we're I was out there railing about it 258 00:12:23.100 --> 00:12:26.100 and like 2013. We're going to have to, you're going to have to do this and it's going to 259 00:12:26.100 --> 00:12:26.400 do that. 260 00:12:26.600 --> 00:12:29.100 Right. Looks like the boy who cried wolf one of 261 00:12:29.100 --> 00:12:32.400 these days. One of these laws is going to be implemented. I can't wait. Yeah, 262 00:12:32.400 --> 00:12:35.500 because 10 years 10 years of crying wolf. Yeah, we 263 00:12:35.500 --> 00:12:38.300 everyone's desperate to see. Can you still 264 00:12:38.300 --> 00:12:41.200 do business? Yeah. Under these laws. Yeah, we don't even know. 265 00:12:41.200 --> 00:12:45.000 No one day something will be implemented. Now, 266 00:12:44.300 --> 00:12:47.200 that would be very interesting to see and to kind of 267 00:12:47.200 --> 00:12:51.100 see how it plays out, how it affects business. Maybe 268 00:12:50.100 --> 00:12:53.000 who knows we 20 30 years from now. 269 00:12:54.100 --> 00:12:57.200 Well, that is what some people hope. Some people hope it takes 20-30 years 270 00:12:57.200 --> 00:13:00.200 because they're already they're already have retired and sold their company and be done with it.