SAFE Lending Act of 2025
Sponsored By: Senator Sen. Merkley, Jeff [D-OR]
Introduced
Summary
Tightening consumer protections in small-dollar lending. This bill would create new limits on risky payment practices, set up a registration system for small-dollar lenders, curb lead generation, and require studies on credit availability on Indian lands.
Show full summary
- Borrowers: Small-dollar borrowers would gain limits on remotely created checks. One-time electronic fund transfers used to repay these loans would be treated as preauthorized transfers so dispute and error protections apply.
- Lenders and platforms: Anyone who issues, brokers, arranges, or gathers applications for small-dollar loans would have to register with the Bureau of Consumer Financial Protection and follow the borrower’s state rate and fee laws. "Small-dollar" loans would cover up to $5,000 or a CPI-adjusted amount and include short installment plans under 12 months.
- Indian communities and rulemaking: The Comptroller General would study capital availability on Indian reservations and the effects of small-dollar credit within 180 days, consulting tribes and federal agencies. The Bureau would be required to adopt final implementing rules within 1 year.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Ban on prepaid overdraft fees
If enacted, it would be unlawful to charge an overdraft fee on a prepaid account. Banks could still decline transactions that exceed the prepaid balance. The change would take effect upon enactment. The Bureau could also limit other prepaid fees by rule to protect consumers.
New rules for small-dollar loans
If enacted, people who issue small-dollar loans (generally $5,000 or less, adjustable by CPI) would have to register with the CFPB before making loans. Online, phone, and national-bank small-dollar loans would have to follow the laws of the State where the consumer lives for rates and fees. The bill would ban third-party lead sellers from sharing sensitive financial data unless they are the direct lender. If you agree to repay by electronic transfer, that payment would get EFTA preauthorized-transfer protections. The CFPB must issue final rules to implement these changes within one year after enactment.
Limits on remote-created checks
If enacted, the bill would tightly limit use of remotely created checks. A remotely created check could only be issued by a person you name in writing and give to your bank. You could revoke that permission at any time. The bill also bars checks issued in response to you exercising consumer rights.
Study of capital on Indian reservations
If enacted, the Comptroller General would study capital availability on Indian reservations and how small-dollar credit affects Tribal members. The GAO must consult CFPB, the Federal Reserve, the Bureau of Indian Affairs, Tribes, and CDFIs. The report would be due to Congress within 180 days of enactment.
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Sponsors & CoSponsors
Sponsor
Sen. Merkley, Jeff [D-OR]
OR • D
Cosponsors
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 2/27/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 2/27/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 2/27/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 2/27/2025
Richard Blumenthal
CT • D
Sponsored 2/27/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 2/27/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 2/27/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 2/27/2025
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 2/27/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 3/25/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 4/1/2025
Roll Call Votes
No roll call votes available for this bill.
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