1 00:00:00.000 --> 00:00:00.760 Welcome back. 2 00:00:00.760 --> 00:00:04.240 So we are here with the man that you may recognize from one of our videos that 3 00:00:04.240 --> 00:00:07.480 we did. It was a popular video actually, because it's an important video, 4 00:00:07.980 --> 00:00:12.600 and he just wrapped up speaking, uh, regarding the legal process, uh, 5 00:00:12.710 --> 00:00:17.640 with disclosures, uh, David Austin. Yeah, the man, the myth, the legend. Uh, 6 00:00:17.660 --> 00:00:21.280 for those that don't know you go ahead and introduce yourself and, uh, 7 00:00:21.280 --> 00:00:23.800 and who you're with, you know, your, your company and all that. Sure, 8 00:00:24.070 --> 00:00:28.280 Sure. Uh, yeah, my name is Dave Austin and I'm the managing partner of Austin, 9 00:00:28.560 --> 00:00:30.400 l l p. We're a small firm. 10 00:00:30.620 --> 00:00:34.960 We focus primarily on the M C A industry, so we do compliance, 11 00:00:35.090 --> 00:00:37.800 regulation and litigation in that space. 12 00:00:38.070 --> 00:00:42.000 That, so talk to me so far, you just wrapped up speaking to, 13 00:00:42.060 --> 00:00:46.920 to a bunch of people regarding the legal process, uh, complying, you know, 14 00:00:46.980 --> 00:00:50.160 uh, the disclosure. What, what was, uh, you know, 15 00:00:50.190 --> 00:00:54.520 kind of the main concept of the conversation that you guys had over there. Yeah, 16 00:00:54.550 --> 00:00:54.840 well, 17 00:00:54.840 --> 00:00:58.440 This is a broker conference, right? And what we find, what, 18 00:00:58.440 --> 00:01:02.800 what I find when I'm helping a funder understand how to do disclosure laws is, 19 00:01:02.820 --> 00:01:03.340 you know, 20 00:01:03.340 --> 00:01:06.840 you have to approach the merchant that you're funding in a certain way. 21 00:01:07.100 --> 00:01:10.080 And it's very easy for the funder to just say to the broker, okay, 22 00:01:10.080 --> 00:01:13.320 here's what we're willing to do with financing. But brokers on the other hand, 23 00:01:13.320 --> 00:01:15.400 they have to be a little more careful. They, 24 00:01:15.400 --> 00:01:19.080 they can't give an offer to a merchant when they're talking with them. 25 00:01:19.080 --> 00:01:22.440 They have to give the, the, the merchant options on different offers. 26 00:01:22.820 --> 00:01:26.480 And so we really walk through how the broker could approach that conversation 27 00:01:26.510 --> 00:01:30.840 without getting themselves into a situation where they're presenting an offer to 28 00:01:30.920 --> 00:01:32.960 a merchant before the law allows them to. 29 00:01:33.500 --> 00:01:37.520 So we're no interesting place with disclosures because obviously it's been 30 00:01:37.520 --> 00:01:40.360 introduced and people have kind of adapted to it, you know, 31 00:01:40.360 --> 00:01:42.920 they've made it part of their process, uh, and, you know, 32 00:01:42.940 --> 00:01:44.800 new states are coming out with new rules. 33 00:01:45.260 --> 00:01:49.560 So it's a constantly evolving situation. So walk me through, uh, in, 34 00:01:49.740 --> 00:01:50.920 in the last two to three months, 35 00:01:51.070 --> 00:01:55.720 what changes or what surprises have you seen regarding people trying to work 36 00:01:55.750 --> 00:01:57.040 with the disclosures? 37 00:01:57.820 --> 00:02:02.600 So the surprise that there's more, right? Even with us, we did a u u, 38 00:02:02.830 --> 00:02:05.040 Utah, Virginia and California disclosure. 39 00:02:05.520 --> 00:02:08.560 I started working on New York and then all of a sudden, boom, boom, boom, 40 00:02:08.750 --> 00:02:11.640 Florida, Georgia, and Connecticut come up. Uh, 41 00:02:11.780 --> 00:02:14.720 and so I think what's happening is these are here to stay. 42 00:02:14.910 --> 00:02:17.920 More states are going to adopt them, and we're gonna have to figure out, 43 00:02:17.920 --> 00:02:22.040 as an industry, you know, how to circumnavigate through all of these. Uh, 44 00:02:22.350 --> 00:02:25.960 that I think is the most surprising thing for me, that for years, 45 00:02:26.260 --> 00:02:29.960 the number of states had these bills come up, they would, 46 00:02:29.960 --> 00:02:33.200 they would get discussed and then they would go away. Now all of a sudden, 47 00:02:33.200 --> 00:02:34.560 there does seem to be some traction. 48 00:02:34.820 --> 00:02:39.120 So I expect in the next year we'll probably have another five to 10 states 49 00:02:39.140 --> 00:02:40.000 coming online. 50 00:02:40.780 --> 00:02:43.400 So is this disclosure situation, 51 00:02:43.940 --> 00:02:48.800 is it a threat or is it something that is good for the industry? 52 00:02:49.140 --> 00:02:51.240 Uh, there are different opinions on that. 53 00:02:51.540 --> 00:02:54.080 My opinion is that it'll be good for the industry overall. 54 00:02:54.340 --> 00:02:58.280 And the notion to keep in mind is that what legislatures, 55 00:02:58.280 --> 00:03:02.680 state legislatures are doing is they wanna bring the small 56 00:03:03.160 --> 00:03:07.800 business person into more of the protection scheme that a, a consumer has. 57 00:03:08.220 --> 00:03:11.960 So a lot of these regulations are disclosure regulations that are not unlike the 58 00:03:11.960 --> 00:03:15.200 truth in Lending Act and what you need to disclose to a, a, 59 00:03:15.420 --> 00:03:19.160 an average consumer before you give them a credit card or another type of loan. 60 00:03:19.420 --> 00:03:24.000 So, uh, it's gonna be a tight fit, it's gonna not feel good for a while. Uh, 61 00:03:24.220 --> 00:03:27.760 but once your business becomes used to making these disclosures, 62 00:03:27.760 --> 00:03:29.320 it's just gonna be business as usual. 63 00:03:29.660 --> 00:03:34.080 And I do think there'll be a backside benefit in courts because it's a, 64 00:03:34.360 --> 00:03:38.720 a regulated industry now. So there's less of a chance that you'll assert your, 65 00:03:38.990 --> 00:03:40.880 your, your, your agreement in court, 66 00:03:41.220 --> 00:03:45.240 and the defense attorney will be able to argue that it's a usurious loan and not 67 00:03:45.280 --> 00:03:48.680 a revenue purchase, because now it's regulated by the states. 68 00:03:49.300 --> 00:03:52.840 So last question. Overall, I mean, people have to get used to this. 69 00:03:52.840 --> 00:03:57.520 People have to accept the fact that this is, uh, that we're regulated now. 70 00:03:58.100 --> 00:04:02.160 So what do you say to people that have a hard time adjusting to that or that, 71 00:04:02.500 --> 00:04:05.400 you know, think that, Hey, this, this is, this, 72 00:04:05.430 --> 00:04:07.480 this is something that won't impact me. Yeah, 73 00:04:07.980 --> 00:04:10.440 It will impact you eventually. You know, I mean, uh, 74 00:04:10.560 --> 00:04:12.960 California's one of the big states, right? Uh, 75 00:04:13.220 --> 00:04:15.840 and California was the first to pass these regulations. 76 00:04:15.980 --> 00:04:19.320 So a lot of funders said, well, I'm just not gonna fund in California. 77 00:04:19.990 --> 00:04:23.480 Then New York came along and, and, and, and, you know, Georgia and Florida, 78 00:04:23.510 --> 00:04:28.200 Florida's a big state too. So, uh, I think it's basically, it's just a, 79 00:04:28.360 --> 00:04:33.200 a you gotta bite the bullet, get good advice, get your system in place. 80 00:04:33.270 --> 00:04:35.800 Once you have your system in place, it's gonna be business as usual. 81 00:04:36.420 --> 00:04:39.240 And then for you, for your business, I mean, coming here to California, 82 00:04:39.380 --> 00:04:43.160 not only being here, but also doing business here, you live here, uh, 83 00:04:43.160 --> 00:04:47.880 throughout the year. Um, why is California an important part of your business? 84 00:04:48.220 --> 00:04:49.053 Oh, 85 00:04:49.060 --> 00:04:51.640 So I'm licensed in both New York and California, 86 00:04:51.940 --> 00:04:55.360 and so I split my time between both states. For me, 87 00:04:55.360 --> 00:05:00.000 California has really become more of a focus because of the disclosure laws and 88 00:05:00.000 --> 00:05:01.200 the requirements around that. 89 00:05:01.260 --> 00:05:05.120 And I felt it would be good for our firm to have a presence in California to 90 00:05:05.130 --> 00:05:09.200 guide, you know, the industry in that space and, and, 91 00:05:09.200 --> 00:05:10.840 and be on the ground when I do that. 92 00:05:11.810 --> 00:05:15.060 Well, David, thank you so much for your time. Oh, no, appreciate it. Of course, 93 00:05:15.060 --> 00:05:19.100 you're a man with many nuggets of wisdom for people to try to move forward and 94 00:05:19.100 --> 00:05:23.300 make sure they accomplish the most out of this industry. So thank you. Yeah, 95 00:05:23.300 --> 00:05:24.460 appreciate it. Thank you. No problem. 96 00:05:24.460 --> 00:05:28.300 I'll let you go ahead and enjoy the rest of, uh, your time here. So again, 97 00:05:28.300 --> 00:05:29.140 that was David Austin. 98 00:05:29.280 --> 00:05:33.540 We spoke with him before and he just came on here to walk us through the 99 00:05:33.540 --> 00:05:37.460 different things regarding not only what he spoke about in his panel, 100 00:05:37.520 --> 00:05:41.820 but also how, you know, the disclosure laws impact people in this industry, 101 00:05:42.460 --> 00:05:46.620 specifically in also how this will impact, uh, 102 00:05:46.920 --> 00:05:50.860 you if you don't adjust to the reality of, uh, you know, 103 00:05:50.890 --> 00:05:53.380 accepting that this is something that's here to stay, 104 00:05:53.400 --> 00:05:56.540 the disclosures that are going on all over the country. 105 00:05:56.760 --> 00:06:00.080 So that was a great interview that we had with him. You know, 106 00:06:00.220 --> 00:06:02.920 we were able to chat with him. So again, we're gonna be talking about, 107 00:06:02.970 --> 00:06:06.360 we're gonna be talking to more different people, uh, throughout the day. 108 00:06:06.380 --> 00:06:10.400 And also we're gonna take you guys over to Anaya to let you guys know what she's 109 00:06:10.400 --> 00:06:13.960 been up to. So don't miss out on that. We're gonna take you over now to Anaya. 110 00:06:14.390 --> 00:06:15.520 Naya, what's going on where you're at.