A major problem in customer finance regulation in mid-20th century ended up being just exactly exactly what counted as “credit” and had been consequently at the mercy of state usury guidelines and (after 1968) into the federal Truth in Lending Act. Many states possessed a time-price differential doctrine that held that when a merchant offered products for future payment, the differential amongst the price of a money purchase and that of credit purchase wasn’t interest for usury legislation purposes. State retail installment loan acts began to bypass the time-price doctrine, however, in addition to federal Truth in Lending Act and regulations thereunder eventually made clear that because of its purposes the distinction had been a “finance charge” which had become disclosed in a particular means.
Today, we appear to be coming circle that is back full the concern of exactly what comprises “credit.” We’re seeing this will be three various item contexts: buy-now-pay-later services and services and products like Afterpay; and wage advance items like Bridgit, Dave, and Earnin’; and Income-Sharing Agreements or ISAs (used mainly for training funding). [Read more…]