Consumer Group Celebrates House Vote on Predatory Lending, Calls for Further Action

Advocates at the National Consumer Law Center applaud the U.S. House vote to overturn the OCC’s “fake lender” rule, which allows predatory lenders to evade state interest rate laws by putting a federally-chartered bank’s name on the paperwork. H.J. Res. 35, a resolution under the Congressional Review Act (CRA), was introduced by Rep. “Chuy” García (D-IL). The U.S. Senate passed a parallel resolution, S.J. Res. 15, on May 11. The resolution now needs only President Biden’s signature, which is expected.

Advocates applauded the vote to repeal the fake lender rule, which protects predatory rent-a-bank schemes that harm small businesses, veterans, and consumers across the nation and undermines the power of states to enforce their interest rate laws and to stop predatory lending. Currently, 45 states have interest rate caps on installment loans, depending on the size of the loan. For a $2,000, two-year loan, 42 states and the District of Columbia limit rates, at a median APR rate of 32%. However, banks are largely exempt from state rate caps, and predatory lenders have been laundering their loans through a few rogue banks in order to evade state law.

“Congress’s vote to repeal the OCC fake lender rule is critical because predatory rent-a-bank schemes are destroying small businesses, homes, and lives,” said National Consumer Law Center Associate Director Lauren Saunders. “We urge President Biden to swiftly sign the resolution.”