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CoalitionLow RiskMultistate

19 State AGs Urge CFPB to Rein in BNPL Lender Practices

Buy-Now-Pay-Later LendersMarch 28, 2022Connecticut Attorney General

Summary

Connecticut Attorney General William Tong joined a coalition of 19 attorneys general to submit comments to the CFPB, urging robust consumer protections for buy-now-pay-later (BNPL) lenders. The coalition expressed concerns that BNPL loans may trap consumers in debt through hidden fees, inadequate disclosures, and improper data monetization practices.

Contract Impact

In-house legal teams should review all agreements involving BNPL services, including merchant partner agreements (between BNPL lenders and retailers), consumer loan agreements, and data processing addendums. Key clauses to scrutinize are fee structures and disclosure sections (to ensure clear, conspicuous presentation of all costs, including late fees and installment terms), data sharing and monetization provisions (to verify lawful consent and limitations on selling transaction data), credit assessment and approval processes (to prevent predatory targeting of vulnerable borrowers), and default/collection terms (to avoid debt trap cycles). Required changes may include implementing explicit, separate consent for data sharing, capping late fees, providing clear APR calculations, and incorporating debt counseling resources or opt-out mechanisms for recurring payments.

Contract Search Terms

fee disclosure clausedata monetization provisionsinstallment payment termscredit application processdebt cycle prevention mechanismsconsumer consent for data sharingpayment schedule transparencyhidden fee prohibitioncreditworthiness assessmentregulatory compliance addendum

Violation Types

Entity Details

Entity

Buy-Now-Pay-Later Lenders

Also known as: BNPL Lenders

Industry

Financial Services

Multistate Coalition

CaliforniaColoradoDelawareHawaiiIllinoisIowaMaineMarylandMichiganMinnesotaNevadaNew JerseyNew YorkNorth CarolinaOregonPennsylvaniaVermontWashingtonHawaii Office of Consumer Protection

Official Sources

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