PolicyBrief
S. 780
119th CongressFeb 27th 2025
SAFE Lending Act of 2025
IN COMMITTEE

The SAFE Lending Act of 2025 aims to protect consumers from abusive lending practices by increasing transparency, empowering consumer control over bank accounts, and restricting lead generation in small-dollar lending.

Jeff Merkley
D

Jeff Merkley

Senator

OR

LEGISLATION

SAFE Lending Act Cracks Down on Predatory Lending: New Rules for Small Loans and Bank Accounts

The SAFE Lending Act of 2025 is all about protecting your wallet from shady lending practices. It's tackling the Wild West of online loans and giving consumers more control over their bank accounts. Let's break down what this could mean for you.

Taking Control of Your Cash

This bill starts by putting you firmly in charge of who can take money out of your account. Remember those "remotely created checks" – the ones you didn't actually sign? The SAFE Lending Act says, "No more!" unless you've specifically told your bank in writing who's allowed to use them (Section 2). You can also revoke that permission anytime. Plus, one-time electronic payments for small loans get extra protection, treating them like pre-authorized transfers.

  • Real-World Impact: Imagine you took out a payday loan online. This law ensures the lender can't just keep dipping into your account whenever they feel like it. You have more control over those repayments.

Shining a Light on Small-Dollar Loans

The next big thing is all about transparency in small-dollar lending (loans under $5,000, to be exact – Section 3). Think payday loans, installment loans, and some online credit lines. The bill has a few key moves:

  • Lender Registration: Every small-dollar lender has to register with the Consumer Financial Protection Bureau (CFPB) before they can start offering loans. This means the government can keep a closer eye on who's playing in this space.
  • State Law Applies: This is a big one. Even if you get a loan online or from a national bank, the law of your state applies, especially when it comes to interest rates and fees. So, if your state has a cap on interest, that lender has to follow it, no matter where they're based. (Section 3)
    • Example: A construction worker in a state with strict lending laws gets the same protection on an online loan as they would from a local lender.
  • No More Prepaid Card Overdraft Fees: If you use a prepaid card, this bill bans overdraft fees completely. The bank can just say "no" to a transaction if you don't have enough funds, but they can't slap you with a fee. (Section 3)

Protecting Your Personal Info

Ever wonder how those shady lenders get your info? The SAFE Lending Act targets "lead generators" – the folks who collect your sensitive financial details (Social Security number, bank account info, etc.) and sell them to lenders. The bill says that only the actual lender can collect that information, and anyone involved in passing it around has to be completely transparent about who they are. (Section 4)

  • Example If you are a store manager, you won't get bombarded with texts and emails from random lenders because your information can't be sold off to the highest bidder.

Special Focus: Indian Reservations

The bill also orders a study (within 180 days of enactment) on how small-dollar loans are affecting economic opportunity on Indian reservations (Section 5). This is about understanding the unique challenges faced by tribal communities and figuring out how to ensure fair access to credit.

The Bottom Line

The SAFE Lending Act of 2025 is a major step toward cleaning up the online lending market and protecting consumers from predatory practices. It puts more power in your hands, demands transparency from lenders, and aims to level the playing field. The CFPB has one year to finalize the rules to implement this law (Section 6).