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Adds a new section 140B to chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) that: defines terms (including referencing 47 U.S.C. 231(e) for certain terms and defining "sensitive personal financial information" and "small-dollar consumer credit transaction"); requires persons who facilitate, broker, arrange for, or gather applications for distribution of sensitive personal financial information in connection with small-dollar consumer credit transactions to prominently disclose contact/identification information; prohibits those activities unless the person is directly providing the small-dollar consumer credit to the consumer; preserves the authority of "the Bureau" to further restrict covered activities; and clarifies that specified telecommunications services, Internet access services, Internet information location tools, and transmission/hosting/ storage/formatting/translation of communications without selection or alteration of content (consistent with 47 U.S.C. 230(c)) are not, by themselves, considered facilitating/brokering/arranging for/gathering applications for distribution of sensitive personal financial information under the section.
Inserts a new section (section 110) immediately after section 109 (15 U.S.C. 1608) establishing definitions for "small-dollar consumer credit transaction" and a registration requirement for lenders of such transactions.
Adds a new subsection (d) to section 173 (15 U.S.C. 1666j) requiring that small-dollar consumer credit transactions (as defined in new section 110) comply with the laws of the State where the consumer resides regarding APR, interest, fees, charges, and related matters when made via listed remote channels or conducted by a national bank.
Redesignates existing subsection (d) as subsection (e) and inserts a new subsection (d) to prohibit certain additional fees related to prepaid accounts, define "prepaid account" by cross-reference to 12 C.F.R. 1005.2, allow financial institutions to decline transactions that exceed the prepaid account balance, and authorize the Bureau to prohibit other fees (other than those in subparagraph (a)) to prevent unfair, deceptive, or abusive practices and to promote consumer understanding and comparability of prepaid account costs.
Adds a new subsection (d) to 15 U.S.C. 1693c establishing definitions and limitations on remotely created checks, including requiring written consumer designation provided to the insured depository institution, permitting revocation at any time, prohibiting issuance of payment orders in response to exercise of consumer rights under Federal consumer financial law or other laws within the Bureau's jurisdiction, and authorizing the Bureau to impose additional limitations by rule.
Amends 15 U.S.C. 1693k by revising wording in subsection (a)(1) (replacing 'preauthorized electronic fund transfers' with 'an electronic fund transfer') and by adding a new subsection (b) that treats voluntary electronic fund transfers used to repay small-dollar consumer credit (as defined in TILA section 110(a)) as preauthorized electronic fund transfers subject to the protections of the Electronic Fund Transfer Act.
Strengthens consumer protections for small-dollar loans, prepaid accounts, and remotely created checks. It makes one-time electronic payments used to repay small-dollar loans covered by preauthorized transfer rules, lets people revoke check designations at any time, and blocks retaliation for exercising these rights.
Requires small-dollar lenders to register with the consumer bureau and follow the borrower’s state limits on rates and fees, even for remote loans or loans by national banks. Bans overdraft fees on prepaid accounts, allows banks to decline transactions that exceed balances, and lets the consumer bureau restrict other confusing prepaid fees. Cracks down on third‑party lead generators by limiting the collection and brokering of sensitive financial data unless the company is the actual lender. Orders a federal study on small-dollar credit in Tribal communities and directs the consumer bureau to finalize implementing rules within one year.
Referred to the House Committee on Financial Services.
Introduced February 27, 2025 by Suzanne Bonamici · Last progress February 27, 2025
SAFE Lending Act of 2025