WAS LEG Predatory Loan Protections


On Mar. 8, WAS LEG passed bill re consumers and predatory loans.


  • WAS LEG passed Bill SB 6025 (companion HB 1874) in order to amend Revised Code of Washington WAS FIN 31.04.025, WAS FIN 31.04.027, and WAS FIN 31.04.035.
  • Consumer loan act (CLA) was amended to protect consumers from predatory loans.
  • Consumers and Predatory Loans
  • Individuals must not attempt to evade CLA requirements as specified in amendment.
  • Must not assist borrower to get loan with greater interest rate, consideration, charge.
  • If the loan exceeds the rate permitted under CLA, an entity making a loan is subject to the requirements of the CLA even if that entity is acting as an agent, service provider.
  • Also CLA violation if entity making the loan has predominant economic interest in the loan or if evidence shows that transaction is structured to evade act's requirements.
  • Does not apply to entities that give money/credit to another person while representing them in a legal proceeding where entity may get portion of an award or settlement.
  • Also does not apply to entity that requires repayment if the person does not prevail in the civil proceeding; entities that make loans without proper license are unenforceable.
  • Act applies prospectively, and does not apply to any loan issued prior to the bill's effective date unless the bill is renegotiated or modified after the effective date.
  • Legislative History
  • On Jan. 8, 2024, bill introduced in Senate; on Feb. 6, 2024, bill was passed in Senate.
  • On Feb. 8, 2024, bill delivered to House; on Feb. 29, 2024, bill was passed in House.
  • On Mar. 8, 2024, bill was sent to governor for action; pending signature or veto.
  • Effectiveness
  • Bill is effective 90 days after the adjournment of the bill session, ie., Jun. 6, 2024.
  • Mar. 25, 2024 WAS LEG Governor Approval
  • On Mar. 25, 2024, WAS LEG reported governor signed bill into law, assigned Ch. 249.
  • Document dated Mar. 25, received from WAS LEG on Mar. 27 summarized on Apr. 2.

Regulators WAS LEG
Entity Types Bank; CNSM; Corp; MG Orig; Servicer; Thrift
Reference Ch. 249, 3/25/2024; Bill SB6025, HB1874, 3/8/2024; Citation: *WAS FIN* 31.04.025, 31.04.027, 31.04.035;
Functions Compliance; Financial; Legal; Registration/Licensing; Sales Practices
Countries United States of America
Category
State
Products Banking; Corporate; Loan; Mortgage; Payments
Regions Am
Rule Type Final
Rule Date 3/8/2024
Effective Date 6/6/2024
Rule Id 204436
Linked to N/A
Reg. Last Update 3/25/2024
Report Section US Banking

Last substantive update on 04/02/2024