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FEDERALhearing transcript
High Impact

Senate Hearing on 'Rent-a-Bank' Lending Schemes

Original title: THE REEMERGENCE OF RENT-A-BANKS

January 1, 2023

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The Frame

What this does

This hearing examines regulatory practices that allow non-bank lenders to charge interest rates exceeding state-mandated limits, directly affecting the cost of credit for consumers in states with interest rate caps.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Non-bank lenders

These entities utilize bank partnerships to issue loans that may otherwise be restricted by state interest rate laws.

Consumers

Consumers are subject to the interest rates and terms of loans issued through these partnerships.

State Attorneys General

State officials are involved in enforcing state-level interest rate caps and challenging federal rules that may preempt those laws.

What changed

Last recorded activity January 1, 2023.

What's next

Next step not available in the current record.

Summary

The Senate Committee on Banking, Housing, and Urban Affairs held a hearing to examine '' schemes, where non-bank lenders partner with banks to bypass state interest rate caps. The hearing explored the history of these practices and their impact on consumers.

Key Facts

  • The hearing took place on April 28, 2021, before the Senate Committee on Banking, Housing, and Urban Affairs.
  • The subject of the hearing was 'rent-a-bank' schemes, a practice where non-bank lenders partner with banks to evade state laws limiting interest rates.
  • The committee heard testimony from five witnesses, including state officials, policy experts, and academics.
  • The hearing included discussion of S.J. Res. 15 and H.J. Res. 35, which were supported by various organizations submitting letters for the record.
  • The record includes an amicus brief regarding the case of People of the State of California v. The Office of the Comptroller of the Currency and Brian P. Brooks.
  • The committee received written testimony and responses to questions from witnesses regarding the regulation of predatory lending.

Frequently Asked Questions

What is a 'rent-a-bank' scheme?
It is a practice where non-bank lenders partner with banks to use the bank's charter to issue loans, allowing the non-bank lender to bypass state-level interest rate caps.
What was the purpose of this hearing?
The committee met to gather information and testimony regarding the reemergence of these lending schemes and their impact on consumers and state regulations.

Why It Matters

This hearing examines regulatory practices that allow non-bank lenders to charge interest rates exceeding state-mandated limits, directly affecting the cost of credit for consumers in states with interest rate caps.

News Coverage

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Sponsors

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Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Federal vs. State Authority

The hearing highlights a persistent conflict between federal regulatory actions (OCC) and state-level consumer protection laws regarding interest rate caps.

Connected Entities

personCharles W. CalomirisProfessor at Columbia Business SchoolMap →
personLisa F. StiflerDirector of State Policy, Center for Responsible LendingMap →
personPatrick J. ToomeyRanking member of the Senate Committee on Banking, Housing, and Urban AffairsMap →
personSherrod BrownChairman of the Senate Committee on Banking, Housing, and Urban AffairsMap →
personBrian P. BrooksFormer Acting Comptroller of the CurrencyMap →
personJosh SteinAttorney General of North CarolinaMap →
personFrederick D. Haynes, IIISenior Pastor, Friendship-West Baptist ChurchMap →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment20
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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