Commercial Financing Disclosures Coming to a State Near You

Four states—and counting—have enacted laws requiring providers of a wide range of commercial financing to give applicants detailed disclosures of the sort previously seen only in the consumer credit industry. California enacted the pioneering law in 2018, and New York, Utah and Virginia (so far) have followed suit. The most recent examples, the Utah and Virginia laws, have also included a requirement that financers register with the state, increasing the compliance burden for covered entities. These laws impose an array of implementation challenges and present a variety of questions of interpretation—not the least of which is when they take effect. Mayer Brown lawyers Jeff Taft, Krista Cooley, Frank Doorley and Dan Pearson discuss: An overview of the new laws What they mean for providers of commercial financing now What we can expect to see in the future as effective dates approach and additional states introduce their own commercial financing disclosure and registration bills