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NY S01726
Bill
Status
1/13/2025
Primary Sponsor
Samra Brouk
Click for details
AI Summary
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Expands New York usury laws to cover "financing arrangements" beyond traditional loans, including merchant cash advances, buy-now pay-later transactions, earned wage access products, rent-to-own agreements, litigation financing, income-sharing agreements, and education financing
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Broadens the definition of interest to include all amounts paid to lenders such as fees, tips, renewal charges, credit insurance premiums, debt suspension products, discounts on advances, and any ancillary products sold with credit extensions
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Maintains the default interest rate cap of 6% per annum (unless otherwise prescribed by the Superintendent of Financial Services) and the criminal usury threshold of 25% per annum, while applying these limits to the expanded category of financing arrangements
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Requires licensing for entities entering into financing arrangements of $25,000 or less for personal purposes or $50,000 or less for business purposes when charging rates above what would otherwise be permitted by law
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Grants the Attorney General authority to adopt rules and issue guidance to interpret and enforce the financing arrangement definitions, and removes restrictions preventing the AG from characterizing rental-purchase agreements as credit transactions
Legislative Description
Provides interest rate limitations for financing arrangements and the extension of consumer credit; relates to the definitions of criminal usury in the first and second degrees; relates to the functions of the attorney general regarding rental purchase agreements.
Last Action
REFERRED TO JUDICIARY
1/7/2026