The pushback
continues.
Tuesday’s column
examined State Board of Education members objecting to portions of House Bill 2170,
Amendment 3, part of an omnibus education bill passed in the lame duck session.
Today’s looks at
resistance to parts of Senate Bill 1792, the Predatory Loan Prevention Act. On
Friday, leaders of several organizations sent letters to Gov. JB Pritzker expressing
concerns and requesting he veto the measure, which would outlaw loans with
interest rates larger than 36%.
Mary Jackson,
president of the Online Lenders Association, said lawmakers’ passage “in
expedited fashion” afforded “insufficient opportunity to explore the bill’s
potentially unintended negative consequences, such as reducing access to credit
during a pandemic, especially for the State’s most vulnerable residents.”
Jackson invoked the
Department of Homeland Security, which declared regulated lenders an essential
service during the ongoing pandemic, and noted Pritzker did the same in an
executive order. She also cited the Consumer Financial Protection Bureau —
proposed by current U.S. Sen. Elizabeth Warren when she was a Harvard Law
professor and established during President Barack Obama’s first term — and
noted its consumer financial law task force recommended states consider the
unintended consequences of limiting consumer access to credit and “preferably,
interest rate caps should be eliminated entirely.”
Another letter, for
leaders of the American Financial Services Association, Independent Finance
Association of Illinois, Illinois Financial Services Association and Illinois
Automobile Dealers Association, said “SB 1792 contains many admirable
provisions aimed at creating a more equitable Illinois,” but took issue with
the state taking guidance from the federal Military Lending Act.
“Certain types of
insurance and protection products are already available to members of the
military as a benefit of their service,” that letter stated, making the
military annual percentage rate rubric inappropriate for wider use.
”Additionally, because MAPR is federally applicable only to certain small
loans, it is not clear how the rate would even be calculated for other loan
products, like a vehicle loan, as SB 1792 would require.”
Ultimately, the letter
points to the conclusion all rate cap objectors reach: traditional lenders
can’t or won’t work with nonprime borrowers, but no one can turn a profit with
small-scale loans limited to 36%. If Pritzker signs the bill, the industry
projects a third of Illinois’ adults will be unable to secure “safe and
affordable installment credit.”
These statements
clearly represent industry interests, but as with other lame duck legislation
the concerns about unintended consequences deserve attention. Some of the
higher education changes have delayed implementation, as do criminal justice
reforms like the qualified immunity overhaul and cash bail elimination.
Dramatically changing
market conditions for lower earners amidst a pandemic is potentially
catastrophic. Worthwhile reforms must be undertaken correctly, even if that
nullifies expedience.