2024 Year in Review – Compliance Updates

Review of State Changes Effective in 2024

ALASKA

  • HB 233 makes changes to the auto warranty statute by adding time allowances to the schedule of compensation for dealers’ warranty work. Effective October 27, 2024.

COLORADO

  • HB 1089 tasks the state to create an electronic communication system for vehicle owners for registration and license plates. Effective June 3, 2024.
  • SB 192 revamps Colorado’s Lemon Law for new vehicles. Effective August 7, 2024.

DELAWARE

  • Senate Substitute No. 2 for SB 278 creates new protections for motor vehicle franchise dealers in the state of Delaware. Effective August 29, 2024.

FLORIDA

  • HB 1347 changes the bracketed rate structures and tiers of the Consumer Finance Act, covering loans up to $25,000. Effective July 1, 2024.
  • SB 902 created the Florida Vehicle Value Protection Agreements Act. Effective October 1, 2024.

GEORGIA

  • HB 1100 authorizes the use of electronic notifications by the state regarding motor vehicle insurance coverage and title status. Effective April 22, 2024.

ILLINOIS

  • The document preparation fee in the State of Illinois increased to $358.03 for 2024. Effective January 1, 2024.

INDIANA

  • The Indiana Secretary of State increased the allowable Documentation Preparation Fee to $245.28 up from $237.51. Effective July 1, 2024.

IOWA

  • HF 2185 mandates that the certificate of title for a motor vehicle will no longer include the previous owner’s name and address. Effective July 1, 2024.
  • SF 2362 prohibits the sale of service contracts in Iowa unless certain provisions are met. Effective July 1, 2024.

KANSAS

  • HB 2098 allows the purchaser of a new or used vehicle a sales tax deduction due to the recent sale of another vehicle. Effective July 1, 2024.
  • SB 345 creates the Commercial Financing Disclosure Act requiring the disclosure of certain commercial financing transaction terms. Effective July 1, 2024.

LOUISIANA

  • SB 372 eliminates the registration and renewal fees for providers of motor vehicle service contracts. Effective August 1, 2024.

MAINE

  • LD 2072 requires the state to provide a printed certificate of title, if requested, by a lienholder participating in the electronic lien titling system. Effective August 9, 2024.

MARYLAND

  • HB 352 and SB 362 raised the annual vehicle registration fees and the maximum dealer processing charge (or doc fee) from $500 to $800. Effective June 1, 2024.

MICHIGAN

  • HB 5460 allows a retail installment sales contract for a vehicle to provide for a series of monthly payments in unequal payment amounts. Effective July 23, 2024.
  • Bulletin 2024-05-CF stated that the loan processing fee amount will remain at $400 through December 31, 2025. Effective January 1, 2024.
  • SB 533 allows the state to issue an electronic vehicle title and establish an electronic system to facilitate vehicle ownership transfers. Effective February 13, 2024.

MINNESOTA

  • HF 2887 increases the maximum Documentary fee to the lesser of $275 or an amount equal to ten percent of the value of the sale or lease. Effective July 1, 2024.
  • The Minnesota Commerce Department published the periodic adjustment in dollar amounts effective through June 30, 2026. Effective July 1, 2024.

MISSISSIPPI

  • SB 2543 increased the maximum amount to $5,100 for loans permitted under the Mississippi Consumer Alternative Installment Loan Act. Effective July 1, 2024.

MISSOURI

  • The document preparation fee in Missouri was increased through emergency rulemaking from $565.38 to $587.43 for 2024. Effective February 23, 2024.

NEBRASKA

  • LB 1317 creates a $150 registration fee for a vehicle powered by an alternative fuel and a $75 fee for a motorcycle or plug-in hybrid. Effective April 25, 2024.

NEW HAMPSHIRE

  • HB 1243 replaced the Retail Installment Sales of Motor Vehicles Chapter, significantly changing existing law. Effective July 1, 2024, in part, and September 1, 2024.

NEW JERSEY

  • AB 4702 phases out the sales and use tax exemption on zero-emission vehicles. Effective June 28, 2024.
  • AB 4011 amends the Transportation Trust Fund Authority Act imposing a $250 fee for any zero-emission vehicle registered in the state. Effective July 1, 2024.
  • SB 4084 requires new procedures for the issuing of temporary license plates and registration certificates in New Jersey. Effective August 1, 2024.

NEW YORK

  • AB 4066 establishes vehicle manufacturers must pay reasonable compensation to franchise dealers for warranty work. Effective September 4, 2024.

OHIO

  • SB 94 establishes processes for releasing electronic liens once a security interest is discharged. Effective October 24, 2024.

OKLAHOMA

  • The Department of Consumer Credit published adjustments to allowable charges for retail installment contracts and small loans. Effective July 1, 2024.

SOUTH CAROLINA

  • The Department of Consumer Affairs released its biannual dollar bracket adjustment effective through June 30, 2026. Effective July 1, 2024.
  • The South Carolina Department of Insurance adopted orders confirming Prima Facie Credit A&H and Credit Property insurance rates. Effective January 1, 2024.
  • SB 434 prohibits automatic service contract renewals unless the provider notifies the contract holder within a certain timeframe. Effective May 20, 2024.

SOUTH DAKOTA

  • HB 1063 requires county treasurers to collect evidence of sales or other tax paid to another state at the time of vehicle registration. Effective July 1, 2024.
  • SB 112 allows any non-resident owner to title a motor vehicle, off-road vehicle, snowmobile, or boat in South Dakota by paying a $100 fee. Effective July 1, 2024.

TENNESSEE

  • HB 2075 and companion bill SB 1837 creates a new statewide electronic lien and title system to be implemented by December 31, 2025. Effective May 1, 2024.
  • SB 1140 allows motor vehicle dealers to retain 2% of the first $2,500 and 1.15% on anything above $2,500 of sales taxes due to the state. Effective May 28, 2024.

TEXAS

  • The Texas OCCC published dollar brackets and ceilings subject to adjustment for Retail Installment Sales and Consumer Loans. Effective July 1, 2024.
  • The OCCC released TRD-202403782 and TRD-202405041 revising regulations for vehicle sales financing and vehicle installment sales. Effective November 14, 2024.
  • The OCCC updated the documentary fee for a motorcycle, moped, ATV, boat, boat motor, boat trailer, or towable recreational vehicle. Effective September 5, 2024.
  • The OCCC updated the Acquisition Charge for Small Loans (Subchapter F) and the Administrative Fee and Large Loans (Subchapter E). Effective July 11, 2024.
  • HB 2746 amended the Texas Finance Code regarding refunds for the termination of a debt cancelation agreement upon prepayment. Effective January 4, 2024.

UTAH

  • HB 174 requires a person who provides a product or service with an automatic renewal provision to provide notice prior to the renewal date. Effective, in part, May 5, 2024.

VIRGINIA

  • HB 744 adds new consumer protections to Virginia law regarding the automatic renewal of service offers. Effective July 1, 2024.
  • HB 1106/SB 452 directs independent vehicle dealers to pass a DMV examination which costs $50 in order to renew a dealership license. Effective July 1, 2024.

WEST VIRGINIA

  • The Motor Vehicle Dealers’ Advisory Board approved an increase in the maximum Documentary Fee from $499 to $575. Effective July 1, 2024.

Review of State Changes Effective in 2025 and Beyond

CALIFORNIA

  • AB 1755 streamlines the civil process for lemon law disputes. Effective January 1, 2025.
  • SB 1521 allows certain fees for commercial financing if properly disclosed. Effective January 1, 2025.
  • SB 1096 requires certain language be disclosed in at least 16-point bold font on the front of an envelope soliciting consumer financial information. Effective January 1, 2025.

HAWAII

  • SB 1534 replaces the current $50 registration fee for electric vehicles with a mileage-based usage charge, beginning July 1, 2025.

ILLINOIS

  • The document preparation fee in the State of Illinois increased to $367.70. Effective January 1, 2025.

IOWA

  • HF 674 allows any county treasurer to issue certificates of title, registrations, and perfect security interests outside of their county. Effective January 1, 2025.

KANSAS

  • HB 2247 changes the threshold amount and rates for consumer loans and retail installment sales, amongst a host of other provisions. Effective January 1, 2025.

KENTUCKY

  • HB 8 removes the $60 ownership fee for hybrid vehicles that do not have plug-in charging capability in the state of Kentucky. Effective January 1, 2025.

MISSISSIPPI

  • HB 1589 provides that a lienholder must electronically transmit to the Department of Revenue within 14 days of release of the lien. Effective January 1, 2025.

SOUTH CAROLINA

  • The South Carolina Department of Insurance adopted orders confirming Prima Facie Credit A&H and Credit Property insurance rates. Effective January 1, 2025.

VERMONT

  • HB 546 allows a sales tax deduction for the previous sale of another ATV, as long as it was sold within 3 months of the purchase of a new ATV. Effective January 1, 2025.

VIRGINIA

  • The Order Adopting Adjusted Prima Facie Rates for the Triennium Commencing January 1, 2025, enacts insurance rates for the next 3 years. Effective January 1, 2025.

WISCONSIN

  • SB 668 overhauled the Department of Financial Institutions’ oversight of non-mortgage licensed financial service providers. Effective January 1, 2025.

Review of Federal Changes Effective in 2024

CONSUMER FINANCIAL PROTECTION BUREAU

  • Dollar threshold adjustments were announced for the Ability to Repay/ Qualified Mortgage Rule and HOEPA. Effective January 1, 2024.
  • The CFPB increased TILA threshold adjustments for Regulation M and Z from $66,400 to $69,500. Effective January 1, 2024.
  • The CFPB released a final rule to decrease the late fee “safe harbor” amount for larger card issuers from $30 to $8. Due to pending litigation, the rule is on hold.

FEDERAL TRADE COMMISSION

  • The FTC issued CARS Rule on December 12, 2023, with an effective date of July 30, 2024. Due to pending litigation, the rule is on hold.

Review of Federal Changes Effective in 2025

CONSUMER FINANCIAL PROTECTION BUREAU

  • The CFPB increased TILA threshold adjustments for Regulation M and Z from $69,500 to $71,900. Effective January 1, 2025.
  • Dollar threshold adjustments were announced for the Ability to Repay/ Qualified Mortgage Rule and HOEPA. Effective January 1, 2025.

December 2024 Compliance Updates

Effective State Changes

INDIANA

Indiana published LSA Document #24-266, which implements certain bracket updates, including:

  • The graduate rate thresholds for sales and loans increase to $2,600/$5,200, respectively.
  • The minimum credit service charge increases to $63.00.
  • The delinquency charge for sales and loans increases to $21.50.
  • The minimum finance charge for loans increases to $63.00.
  • The maximum loan term is 37 months for loans with principals of $1,290 to $5,200.

Effective January 1, 2025 – December 31, 2026.

PENNSYLVANIA

Pennsylvania added motorcycles to the protections afforded by its existing Lemon Law in SB 155. Effective May 18, 2025.

NEW YORK

Assembly Bill 3499 clarifies and creates new laws surrounding automobile broker businesses, including requiring additional disclosures to consumers seeking to purchase or lease automobiles with the assistance of an automobile broker. Effective June 19, 2025.

Signed into law on December 21, 2024, Assembly Bill 8913 directs the superintendent of financial services to create a publicly accessible private education debt registry in New York. Any private education creditor must register with the superintendent and satisfy a host of annual reporting requirements, for use by the registry. Effective immediately.

November 2024 Compliance Updates

Effective State Changes

TEXAS

The Texas Office of Consumer Credit Commissioner has released two new sets of regulations aimed at the motor vehicle finance space. TRD-202403782 and TRD-202405041 revise and create new responsibilities for Texas businesses involved with motor vehicle sales financing and motor vehicle installment sales, respectively. The new regulations involve licensing requirements, recordkeeping provisions, and examination procedures. Effective November 14, 2024.

WASHINGTON D.C.

D. C. Act 25-558 was signed into law on October 7, 2024. The bill enacts the New Student Loan Borrower Bill of Rights Amendment Act of 2024. Effective November 6, 2024, following a 30-day period for Congressional review.

Effective Federal Changes

CONSUMER FINANCIAL PROTECTION BUREAU

Specific dollar threshold adjustments were announced by the Consumer Financial Protection Bureau (“CFPB”). The CFPB is required to make adjustments to dollar thresholds based on annual changes in the Consumer Price Index. Updates to the Ability to Repay/ Qualified Mortgage Rule, (“ATR/QM”) and Home Ownership and Equity Protection Act (“HOEPA”), among others, were announced and become effective January 1, 2025.

HOEPA Annual Threshold Adjustments:

  • The adjusted total amount of the loan threshold will be $26,968, up from $26,092
  • The adjusted points-and-fees dollar trigger will be $1,348, up from $1,305

ATR/QM Threshold Adjustments – To meet qualified mortgage criteria, the combined points and fees cannot exceed the following:

  • 8% of total loan amount for loans less than $16,855
  • $1,348 for loans greater than or equal to $16,855 but less than $26,968
  • 5% of total loan amount for loans greater than or equal to $26,968 but less than $80,905
  • $4,045 for loans greater than or equal to $80,905 but less than $134,841
  • 3% of total loan amount for loans greater than or equal to $134,841

Carleton Announces Partnership with OTTOMOTO®

FOR IMMEDIATE RELEASE                                                

For more information contact:
Carleton Sales Team
574.243.6040 option #3
sales@carletoninc.com
 

Carleton Strengthens Its Position in the Financial Software Industry through a New Strategic Partnership with OTTOMOTO®

 

SOUTH BEND, IN – November 19, 2024 — Carleton, Inc., a premier provider of financial calculation and compliance solutions, is proud to announce its partnership with OTTOMOTO.net, a leading innovator in digital lending platforms. This strategic collaboration is set to broaden Carleton’s impact in the automotive finance industry, bringing state-of-the-art compliance, calculation, and document delivery APIs directly into the OTTOMOTO® ecosystem.

By integrating CarletonCalcs® suite of payment calculation and compliance APIs and CarletonDocs® single-source solution for generating and distributing lending documents into OTTOMOTO®’s platform, it will provide dealers with a loan origination experience that prioritizes state and dealer fee accuracy and lending regulatory adherence. This initiative reflects OTTOMOTO®’s commitment to empowering lenders and dealers with robust, compliant, and user-friendly financial tools.

Partnering with OTTOMOTO® aligns perfectly with our mission to deliver precise and compliant financial software to an expanding client base,” said Matt Ruszkowski, President & COO of Carleton, Inc. “OTTOMOTO®’s industry leadership and innovative approach provide the perfect platform to take advantage of Carleton’s wide range of automotive financing solutions for nationwide use.

Key Benefits of the Partnership:

  • Broadened Impact: Carleton’s industry-leading APIs will enhance OTTOMOTO®’s platform, reaching more lenders and dealers than ever before.
  • Seamless Integration: This partnership will streamline the use of advanced calculation and document delivery tools in automotive lending workflows, ensuring efficient and compliant operations.
  • Commitment to Compliance: Carleton’s established compliance solutions will bolster OTTOMOTO®’s offerings, providing peace of mind to institutions navigating complex regulations.
  • Mutual Growth: This strategic alliance reinforces both companies’ dedication to innovation and customer-focused advancements in the automotive finance sector.

This partnership showcases our dedication to innovation and highlights how our compliance software can integrate with and elevate an established digital platform like OTTOMOTO®,” Ruszkowski continued.

Paul Nicholas, CEO of OTTOMOTO®, echoed the sentiment: “We are delighted to integrate Carleton’s unparalleled financial calculation expertise into our offerings. This move represents a key step in our mission to optimize our platform with solutions that are accurate, efficient, and regulation ready.

By aligning their shared visions for innovation and efficiency, Carleton and OTTOMOTO® are poised to redefine automotive finance technology extending their service capabilities while continuing to deliver advanced, secure, and compliant solutions tailored to modern lenders and dealers.

About Carleton, Inc.

Carleton is the country’s leading provider of financial calculation software, loan origination compliance support, and document generation software. With over 55 years of experience, our ongoing expertise and industry knowledge reaffirms why Carleton is a trusted partner. Founded in conjunction with the Truth In Lending Act, Carleton provides expert compliance support with continuous accuracy in all our calculations and disclosures at a state and federal level. To learn more about Carleton’s lending solutions, contact our sales team at sales@carletoninc.com or 574-243-6040 option #3.

About OTTOMOTO.net

OTTOMOTO® is a premier provider of lending technology for the automotive, RV, Powersports, marine, and aircraft industries. With a focus on digital innovation, OTTOMOTO® is redefining traditional financing practices through a secure, transparent, and compliant process that serves dealers, lenders, and consumers alike. Leveraging strategic partnerships and decades of industry expertise, OTTOMOTO® is committed to advancing the future of finance with cutting-edge technology solutions. To learn more, visit www.ottomoto.net.

For inquiries about the OTTOMOTO® and Carleton, Inc. partnership, please contact Carol Docalavich at carol@ottomotoapp.com

October 2024 Compliance Updates

Effective State Changes

CALIFORNIA

Amongst other provisions, AB 3281, would prohibit the contractual waiver of the protections afforded by the Educational Debt Collection Practices Act and the Automobile Sales Finance Act. Effective January 1, 2025.

Signed on September 29, 2024, AB 1755 seeks to streamline the civil process for lemon law disputes. Some reforms included in the bill are outlining clear formulas for restitution payments, adopting expedited settlement processes, and imposing financial penalties on manufacturers who fail to buy back a lemon vehicle. Effective January 1, 2025.

SB 1223 amends the definition of “sensitive personal information” in the California Consumer Privacy Act to include a consumer’s neural data. Effective January 1, 2025.

AB 1008 clarifies that the California Consumer Privacy Act applies to personal information regardless of media format. Effective January 1, 2025.

AB 1824 is another bill aimed at strengthening the California Consumer Privacy Act by requiring businesses that obtain consumer data through acquisition or merger must comply with a consumer’s previous opt-out request. Effective January 1, 2025.

SOUTH CAROLINA

On October 11, 2024, the South Carolina Department of Insurance adopted Orders 2024-04, 2024-05, and 2024-06 confirming Prima Facie Credit A&H and Credit Property insurance rates for 2025.

Under 2024-06, the Credit A&H rates for insurance sold in conjunction with consumer credit transactions in 2025 will decrease from the rates in 2024. The 12-month rate per $100 of Initial Insured Indebtedness will be as follows:

  • 14-day Retro: $1.05
  • 30-day Retro: $0.99

Under Order 2024-04, the 3-day retroactive A&H rate for insurance sold in conjunction with loans will decrease to $0.20 per $5.00 of monthly indemnity.

Under Order 2024-05, credit property rates will decrease from 2024 to 2025 for Automobile Fire and Theft, Automobile Collision, and Household Goods – Dual Interest. The rate for Household Goods – Single Interest remains at the 2024 level. Effective January 1, 2025.

VIRGINIA

On June 14, 2024, the Virginia State Corporation Commission issued the Order Adopting Adjusted Prima Facie Rates for the Triennium Commencing January 1, 2025, (Case No. INS-2024-00060), enacting new rates for a 3-year period. The new rates will be:

Credit Life Rates
Single Life Rate (discounted at 3.63% for interest and mortality) $0.8094/$1,000/month
Joint Life Rate (165% of single life rate) $1.3355/$1,000/month
Single Life Rate (per $100 @ 12 months) $0.5167
Joint Life Rate (per $100 @ 12 months) $0.8521
Single Level Life (per $100 @ 12 months) $0.9452
Joint Level Life (per $100 @ 12 months) $1.5597

*Level life rates are derived from the rates per $1,000 per month and discounted at 5.5% for interest and mortality.

Credit A&H Rates
14 Day Retro $1.25/$100 @ 12 months
30 Day Retro $0.90/$100 @ 12 months
14 Day Elim $1.00/$100 @ 12 months
30 Day Elim $0.63/$100 @ 12 months

This most recent change is a decrease in A&H prima facie rates.

Effective January 1, 2025.

Effective Federal Changes

CFPB ANNUAL REGULATION M & Z ADJUSTMENTS

The Consumer Financial Protection Bureau (“CFPB”) published its annual Truth in Lending Act threshold adjustment, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. For 2025, the exemption threshold amount for Regulation M and Z will increase from $69,500 to $71,900. The increase was based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (“CPI-W”) as of June 1, 2024, which experienced an annual increase of 3.4 percent. Effective January 1, 2025.

GDS Link Podcast “The Lending Link” with Special Guest Sarah Milovich

GDS Link, a global leader in credit-risk decisioning solutions, features Carleton’s General Counsel and Vice President of Compliance, Sarah Milovich, as a special guest on their podcast, The Lending Link. In this episode, their host Rich Alterman, sits down with Sarah to discuss the critical role of the Truth in Lending Act (TILA), compliant Annual Percentage Rate (APR) calculations, and other complexities and challenges lenders face in the consumer finance industry.

Sarah talks about her journey from corporate attorney to her current role, offering a behind-the-scenes look at Carleton’s long history of providing critical compliance solutions to major lending organizations. She then shares insight on the growing use of Artificial Intelligence (AI) in compliance along with providing some advice to any upcoming law school students!

Listen to the full episode now!

Apple Podcasts: https://apple.co/40f4yIK

Spotify: https://bit.ly/4h7JIkB

YouTube: https://bit.ly/3NBtkLw

About Carleton:

Carleton is the country’s leading provider of financial calculation software, loan origination compliance support, and document generation software. With over 55 years of experience, our ongoing expertise and industry knowledge reaffirms why Carleton is a trusted partner. Founded in conjunction with the Truth In Lending Act, Carleton provides expert compliance support with continuous accuracy in all our calculations and disclosures at a state and federal level.

About GDS Link:

GDS Link is a global leader in credit-risk and decisioning solutions, boasting over 18 years of experience. Specializing in data aggregation, advanced analytics, and responsive decisioning, GDS Link’s comprehensive solutions currently deliver over a billion decisions annually, enhancing the customer journey and making a significant impact for clients across 46 countries. The company’s expertise is bolstered by strong strategic partnerships in financial services and technology, enhancing credit risk management and business growth.

About The Lending Link Podcast:

The Lending Link, powered by GDS Link, is a podcast hosted by Rich Alterman and designed for the modern-day lender. Each episode dives deep into innovation within the financial services industry and transformation efforts, including AI/ML integration, modeling, risk management tactics, and redefining customer experiences. GDS Link launched The Lending Link to explore unique strategies for the modern-day lender, dive into the innovative advancements GDS Link and their partners are currently developing and delivering, and gain insights from captivating guests within the fintech, banking, and credit union worlds. They feature a wide range of guests from various lending institutions and diverse organizations who share their strategies, technology insights, and everything in between.

September 2024 Compliance Updates

Effective State Changes

CALIFORNIA

On August 19, 2024, SB 1521 was signed into law regarding allowable fees for commercial financing. This bill allows a fee for monitoring a small business’s collateral if the commercial financing transaction is an asset-based loan or factoring, or the fee is expressed as a dollar amount or percentage and deemed a finance charge. Effective January 1, 2025.

DELAWARE

Senate Bill 278 was replaced by Senate Substitute No. 2 for Senate Bill 278. This bill creates new protections for motor vehicle franchise dealers in the state of Delaware. Amongst other provisions, the Substitute Bill clarifies the definitions of “motor vehicle” and “new motor vehicle” to reflect changes in the motor vehicle industry. The bill requires fair compensation to vehicle dealers performing warranty work, maintenance program-work, and recall work. The bill also allows manufacturers to directly sell options and add-ons that are activated or installed through remote electronic transmission to consumers, as long as dealers are allowed the same opportunity. Finally, the bill grants statutory standing to a large association of dealers to bring legal actions. Effective immediately.

NEW YORK

On September 4, 2024, Governor Hochul signed AB 4066 into law. This bill establishes that vehicle manufacturers must pay reasonable compensation to franchise dealers for warranty work, extended warranty work, factory compensated repairs, or recalls. Reasonable compensation is defined as the reasonable labor time allowance utilized for non-warranty customer-paid labor. Effective immediately.

TEXAS

The Texas Office of Consumer Credit Commissioner updated the maximum documentary fees in a retail installment transaction for the purchase of a motorcycle, moped, all-terrain vehicle, boat, boat motor, boat trailer, or towable recreational vehicle. For a retail installment contract for the purchase of one or more of these “covered land vehicles,” the reasonable maximum amount of the documentary fee is $200 (up from $125). For a retail installment contract for the purchase of one or more covered watercraft, the reasonable maximum amount of the documentary fee is $200 (up from $125). For a retail installment contract for the purchase of one or more covered land vehicles and one or more covered watercraft, the reasonable maximum amount of the documentary fee is $250 (up from $175). Effective September 5, 2024.

All-In APRs: What Does It Mean for the Consumer Lending Industry?

Over the past decade, we’ve seen a rise in various flavors of “All-in” Annual Percentage Rate (“APR”) legislation. States are evolving in how they regulate interest. One notable piece of this evolution is the movement toward adopting rate caps tied to all-in APRs rather than a traditional charge based solely on interest rates. This shift is significant for both lenders and borrowers, bringing new opportunities and challenges to the consumer installment lending industry.

All-In APR vs. Traditional TILA APR: What’s the Difference?

To understand this trend, it’s essential to distinguish between the traditional APR, as defined by the Truth in Lending Act (“TILA”), and an all-in APR.

  • Traditional TILA APR: This rate is a measure of the consumer’s cost of credit, expressed as a yearly rate based on the rules outlined in Appendix J to Regulation Z. This calculation takes into account the interest rate plus any additional fees that are considered finance charges under TILA.
  • All-In APR: By contrast, this rate is intended to provide a more comprehensive assessment of the consumer’s cost of borrowing. However, states’ definitions of “all-in” vary and can encompass a variety of additional fees that are not considered finance charges under TILA. The most prevalent example of this is the inclusion of optional credit insurance.

Examples of States Where All-In APR Legislation Has Gained Traction

  • South Dakota: In 2016, a ballot resolution implemented a 36% All-in APR for loans. The resolution sent shock waves throughout the industry due to the nature of the change.
  • Illinois: The Illinois Predatory Loan Prevention Act, enacted in 2021, also set a 36% All-in APR cap on most consumer loans. This legislation tied the APR to the Military Lending Act’s calculation requirement and impacted retail sales and loans.
  • New Mexico: Beginning January 1, 2023, New Mexico instituted an All-in APR of 36% for loans up to $10,000. The loans required the state APR calculation to include products in connection or concurrent with the extension of credit, and any credit insurance premium or fee.

All-In APR Caps: Concerns and Implications

The shift toward all-in APR caps raises several concerns for the consumer lending industry:

  • Access to Credit: Lenders argue that strict all-in APR caps could reduce access to credit for consumers, particularly those with subprime credit scores, as lenders may find it unprofitable to offer loans under such stringent conditions and at the effectively lower rates.
  • Operational Complexity: Calculating an all-in APR is more complex than determining a traditional TILA APR. This complexity could increase compliance costs for lenders and be particularly burdensome for smaller institutions, potentially leading to higher costs for consumers. In addition, there is confusion over which rates to display on the contract. The all-in APR does not replace the TILA APR, but this confusion remains among lenders and consumers alike.
  • Statutory Ambiguity: Some statutory language includes vague language such as the inclusion of fees “in connection with or concurrent to” a loan agreement. Such language leads to uncertainty over whether items like late fees must be included in the all-in APR calculation. These fees, which are incurred after consummation of a loan, alter the fundamental concept of origination disclosures.

What Does the Future of All-In APR Caps Look Like?

As more states consider or implement all-in APR caps, it’s clear that the consumer lending landscape is changing. Lenders must stay informed about these developments and consider how they may need to adapt their business models to comply with new regulations quickly and compliantly.

For lenders and borrowers alike, the shift toward all-in APR caps marks a significant change to the industry. Staying ahead of these trends and understanding their implications is crucial for anyone involved in consumer lending.

August 2024 Compliance Updates

Effective State Changes

ALASKA

Signed into law on August 1, 2024, HB 233 makes changes to the auto warranty statute by adding time allowances to the schedule of compensation for warranty work. Auto manufacturers will now have to compensate dealers for warranty work using rates and time allowances that are closer to actual costs for dealership mechanics. Effective October 27, 2024.

CALIFORNIA

Assembly Bill 3286 was signed on July 15, 2024. This bill clarifies the process for CPI adjustments for the California Consumer Privacy Act (“CCPA”). The five thresholds and penalties subject to CPI adjustments every 2 years are: the revenue threshold for businesses covered by the CCPA, damages pursuant to a civil action in the event of a negligent data breach, administrative enforcement fines, civil penalties, and the Privacy Protection Agency Board members’ per diem. Effective July 15, 2024.

ILLINOIS

House Bill 4447 was signed into law on August 9, 2024. The bill creates the Motor Vehicle Dealer Protection Act, which makes it illegal to use the name, image, registered trademark, or intellectual property belonging to a vehicle dealer without permission. Effective January 1, 2025.

Senate Bill 86 amends the Know Before You Owe Private Education Loan Act and the Student Loan Servicing Rights Act to include new disclosures lenders must provide to cosigners. Effective August 2, 2024.

Senate Bill 3550 was signed into law by Governor Pritzker on August 9, 2024. The bill amends the Financial Institutions Code by broadening the definition of “financial institutions” and restructures oversight responsibilities between the Division of Financial Institutions and the Department of Financial and Professional Regulation. Additionally, the new law amends the Consumer Installment Loan Act and the Payday Loan Reform Act to allow for fines against entities not registered with the State. Effective August 9, 2024.

MICHIGAN

House Bill 5460 amends the Motor Vehicles Sales Finance Act to allow a retail installment sales contract for a new vehicle to provide for a series of monthly payments in unequal payment amounts if the amount of any payment does not increase more than 40% from the first scheduled payment. Also, each scheduled payment cannot exceed the buyer’s maximum payment threshold. Effective July 23, 2024.

NEW HAMPSHIRE

House Bill 1243 was signed into law on August 2, 2024, repealing and replacing the Retail Installment Sales of Motor Vehicles Chapter (“RISMV”). The new RISMV makes significant changes to existing law that affects motor vehicle financing, vehicle leases, direct loans, the licensing of servicers, and disclosure requirements for loans and retail installment sales. The bill changes and adds the definitions of many terms, including: retail installment contract, retail installment transaction, lender, direct loan and indirect loan. HB 1243 also makes changes to disclosure requirements and servicing practices. Since the signing of the law, the New Hampshire Banking Department issued FAQs related to these changes and their enforcement. The Department has also instructed dealers to contact them if they believe they will be out of compliance. Effective July 1, 2024, in part, and September 1, 2024.

OHIO

Amongst other items, Senate Bill 94 establishes processes for releasing electronic liens once a security interest is discharged. The bill also creates a new procedure for adjusting the documentary service charge allowed with the sale or lease of a motor vehicle. Effective October 24, 2024.

TEXAS

The Texas Office of Consumer Credit Commissioner’s released updates to the Texas Finance Code. For Small Loans—Subchapter F Loans—lenders can charge an Acquisition Charge of 12.5% (previously 10%) of the Amount Financed up to a maximum of $125 (previously $100). 7 Tex. Admin. Code § 83.605(a). For Large Loans—Subchapter E Loans—a lender can charge an Administrative Fee that does not exceed $125 (previously $100). 7 Tex. Admin. Code § 83.503(1). These fees are to be updated annually starting July 1, 2025. Effective July 11, 2024

July 2024 Compliance Updates

Effective State Changes

CALIFORNIA

SB 1096 requires the following language be disclosed in at least 16-point bold font on the front of an envelope containing physical mail soliciting consumer financial information: “THIS IS AN ADVERTISEMENT. YOU ARE NOT REQUIRED TO MAKE ANY PAYMENT OR TAKE ANY OTHER ACTION IN RESPONSE TO THIS OFFER.” Effective January 1, 2025.

FLORIDA

On June 28, 2024, Florida Governor Ron DeSantis signed House Bill 1347 into law changing provisions in the state’s Consumer Finance Act, specifically under § 516.031. The substantive changes include increasing the bracketed rate structures and tiers. The Consumer Finance Act still covers loans up to $25,000. The new rate structure is as follows:

  • 36% per annum on the first $10,000 of the principal amount
  • 30% per annum on the part of the principal exceeding $10,000 and up to $20,000
  • 24% per annum on that part of the principal amount exceeding $20,000 and up to $25,000

Effective July 1, 2024.

INDIANA

On July 1, 2024, the Auto Dealer Services Division of the Indiana Secretary of State increased the allowable Documentation Preparation Fee to $245.28 (from $237.51), based on the federal Bureau of Labor Statistics’ Consumer Price Index. Effective July 1, 2024.

NEW JERSEY

On June 28, 2024, AB 4702 was signed into law. It phases out the sales and use tax exemption on zero-emission vehicles. Between October 1, 2024, and before July 1, 2025, sales of zero-emission vehicles will be subject to a tax rate of 3.3125%. Effective July 1, 2025, the rate will increase to the general sales and use tax rate (currently 6.625%). Effective immediately.

NORTH CAROLINA

HB 199 was signed by Governor Cooper on July 2, 2024. Among a host of other provisions recommended by the DMV, the new law changes the duration of a motor vehicle dealer’s license from one year to two years, effective for licenses issued on or after October 1, 2024. The law does not change the annual license fee for dealers.

PENNSYLVANIA

On June 28, 2024, HB 109—the Prohibition of Early Contract Termination Fees Upon Death Act—was signed into law. A provider may not impose a fee for early termination of a service contract if a party to the contract dies before complete performance of the contract and the executor or administrator of the decedent’s estate provides notice. These provisions extend to vehicle leases such that a lessee shall not be liable for charges for the early termination of a lease agreement if the lessee dies before the end of the lease. Effective August 27, 2024.

RHODE ISLAND

On June 28, 2024, SB 2500 became law without the signature of Governor McKee. Amending the Commercial Law General Regulatory Provisions, SB 2500 creates a new chapter entitled the Rhode Island Data Transparency and Privacy Protection Act. Amongst other provisions, the law includes restrictions on the collection and processing of personal data, requires data controllers to obtain consumer consent before processing sensitive personal data, and requires controllers to establish a process for consumers to appeal a controller’s refusal to take action on a request regarding personal data. The attorney general has exclusive rights to enforce these new provisions. Effective January 1, 2026.

TEXAS

On July 2, 2024, the Texas Office of Consumer Credit Commissioner (“OCCC”) released Bulletin B16-5 describing the requirements for motor vehicle documentary fee filings under Chapter 348 of the Texas Finance Code. Effective July 11, 2024, if an auto dealer charges $225 or less for the Documentary Fee, they do not have to provide a notification and cost analysis to the OCCC. If a dealer wants to charge more than $225 for the Documentary Fee, the dealer must first provide a notification and cost analysis to the OCCC. The Bulletin provides instructions on how to accomplish this submission. Effective July 11, 2024.

WEST VIRGINIA

The West Virginia Motor Vehicle Dealers’ Advisory Board approved an increase in the maximum Documentary Fee that can be charged by auto dealers from $499 to $575. Effective July 1, 2024.