NEW STATEWIDE COALITION LAUNCHES TO ADVOCATE FOR COMMONSENSE LAWSUIT LENDING REFORM
Faith, Social Justice, Business, & Community Leaders Push for Passage of the Predatory Lawsuit Lending Prevention Act to Protect Vulnerable Californians
SACRAMENTO, Calif., March 8, 2023 — A diverse group of organizations, nonprofits, advocates, and business interests from across the state today announced the launch of Consumers for Fair Legal Funding – California (CFLF-CA), a coalition that will advocate for reform of the unregulated lawsuit lending industry.
The coalition’s formation comes on the heels of introduction by state Sen. Anna M. Caballero (D-Merced) of SB 581, the Predatory Lawsuit Lending Prevention Act, which would preserve an important funding stream for borrowers in need, while protecting vulnerable individuals from unscrupulous lenders.
“Individuals from lower-income and marginalized groups, especially those from communities of color, formerly incarcerated individuals, and exonerees, are particularly vulnerable to predatory practices within the lawsuit lending industry,” said coalition member Geri Silva, from Fair Chance Project, which provides support and advocacy for current and formerly incarcerated individuals and their families in Los Angeles. “They often lack a necessary financial safety net to protect themselves during times of financial distress, and without regulations in place, lenders can—and do—take advantage of individuals at their weakest moments and leave them with nothing. This can’t continue.”
Also known as litigation funding, pre-settlement funding, or car accident loans, lawsuit lending is the practice of providing cash advances to individuals suing for injuries, mistreatment, or abuse while their cases are pending to help cover medical bills and living expenses.
Victims do not have to pay back these advances if they don’t receive a financial judgement or settlement. But due to a lack of regulation, lawsuit lenders can charge any amount of interest they want—sometimes as much as 100 percent or more—leaving borrowers with little-to-none of their financial winnings, and sometimes even in debt.
“Without regulation and transparency, people who are victims of injustices or mistreatment get victimized again,” said Sen. Caballero. “SB 581 will provide oversight in the third party litigation financing process to protect consumers from those seeking to profit from the plaintiff’s injuries.”
In a very short timeframe, lawsuit lending has ballooned into a multibillion-dollar global industry, with lenders often bankrolled by deep-pocketed hedge funds and foreign interests. Unethical lenders are not only getting rich off the backs of vulnerable Californians, but exposing the country to security risks, driving up the cost of insurance coverage, and clogging up the court system with frivolous lawsuits.
“Unregulated lawsuit lending has increased frivolous lawsuits, which in turn drive up settlements, disproportionately hurting main street businesses that operate on slim margins and can’t afford these types of unexpected costs,” said John Kabateck, NFIB California State Director.
Faith leaders are also pushing for reforms of this out-of-control industry, including Reverend Kirsten John Foy, a CFLF-CA member and the Founder of the Arc of Justice.
"After taking out lawsuit loans while I awaited the outcome of my legal challenge following abuse by New York City police officers, I understand the plight and desperation borrowers feel when they have nowhere else to turn for financial support. It is unconscionable to allow predatory lenders to take advantage of individuals at their most vulnerable moments,” Foy said. “Unscrupulous members of this unregulated industry aren't helping our community. They are charging exorbitant rates and preying on families in need. It’s time that we put much-needed reforms in place to stop bad actors in the lawsuit lending space, while preserving a critical financial lifeline for those who require it."
CFLF-CA encourages lawmakers to pass SB 581 to place much-needed guardrails around the unregulated lawsuit lending industry. This bill would establish meaningful limits on allowable interest rates and increase transparency in the litigation process by requiring the disclosure of lawsuit loans to ensure no conflicts of interest exist in the process.
To learn more about CFLF-CA, lawsuit lending, and SB 581, visit: https://www.fairlegalfundingca.org.
Current members of CFLF-CA include the following organizations and individuals:
NFIB – California
Strategic Actions for a Just Economy (SAJE)
Madera Coalition for Community Justice
InnerCity Struggle
Safe Return Project
Fair Chance Project
Carlsbad Chamber of Commerce
Anahuak Youth Sports Association
South Gate Chamber of Commerce
Centro CHA (Community Hispanic Association)
Thai Community Development Center
Rev. Kirsten Foy
Rev. K.W. Tulloss (President of the Baptist Ministers Conference of Los Angeles and Southern California)
Pastor William Smart of Southern Christian Leadership of California
Rev. Dr. Lawrence Vanhook of Oakland and Bay Area
Bishop Charley Hames of CME Church
Pastor Jared Moten of San Diego
Bell Chamber of Commerce
Prevention at the Intersections
San Diego Original Black Panther Party
Boyle Heights Chamber of Commerce
Restorative Justice for Oakland Youth (RJOY)
The Community Foundation of San Benito County
Merced Hispanic Chamber of Commerce
Casa 101
Eastmont Community Center
Binational of Central California
National Pacific Islander Network
Consumers for Fair Legal Funding – California (CFLF-CA):
Consumers for Fair Legal Funding – California (CFLF-CA) is a statewide coalition working to stop predatory lawsuit lenders, who are targeting of vulnerable Californians, especially people of color. The absence of any regulations or guardrails on the practice has created a burgeoning industry, where large investment firms take advantage of Californians who need financial assistance. CFLF-CA supports legislation like SB 581 to regulate this industry and create an ethical path forward for lenders and borrowers. To learn more, go to our website.