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NC S176

Bill

Status

Engrossed

8/16/2023

Primary Sponsor

Todd Johnson

Click for details

Origin

Senate

2023-2024 Session

AI Summary

Senate Bill 176 Summary

  • Enacts the Consumers in Crisis Protection Act regulating consumer legal funding companies that provide advance payments on pending legal claims, with transactions capped at $400,000 and funds limited to personal or household expenses only.

  • Requires consumer legal funding companies to register with the Insurance Commissioner, pay a $1,000 non-refundable registration fee (renewed every 3 years), maintain a $50,000 surety bond, and submit to examinations for compliance.

  • Limits charges to 18% of funded amount plus 3.5% servicing charge upon funding and at each six-month anniversary (capped at 36 months total), with a one-time $250 document preparation fee, and establishes nonrecourse obligations where consumers owe nothing if the legal claim recovers nothing.

  • Requires consumer legal funding contracts to include plain language disclosures, 10-day rescission rights, attorney acknowledgments, and prohibits companies from influencing legal claims, paying referral fees, or collecting if net proceeds are insufficient.

  • Expands definitions of "minority business" and "historically underutilized business" for public contracts to include Employee Stock Ownership Plan (ESOP) companies where at least 51% of stock is owned by minority persons or socially and economically disadvantaged individuals.

Legislative Description

Consum. in Crisis Protect. Act/ESOPs Min. Bus

Commerce; Consumer Protection; Contracts; Corporations

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

8/17/2023

Committee Referrals

Rules, Calendar, and Operations of the House8/17/2023
Rules and Operations of the Senate6/27/2023
Judiciary6/22/2023
Commerce and Insurance6/21/2023
Finance6/20/2023
Rules and Operations of the Senate3/1/2023

Full Bill Text

No bill text available