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Opposing Forces; Two Groups At Legislative Odds
02-09-05
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109th Congress

Consumer Rental Purchase Agreement Act of 2005 Introduced In Senate
Opposing Forces; Two Groups At Legislative Odds

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Rent A Center, Rent Way and a significant number of independent Rent to Own dealers, representing a total of about 4,500 rental purchase locations in the United States, will form a coalition to continue support of the Consumer Rental Purchase Agreement Act (Disclosure Bill). Christopher Korst, Rent A Center Senior Vice President and General Counsel said the as yet un-named group will hold it's first organizational meeting later this month. Among other things, the Coalition will plan a Legislative Conference to be held later this year.

According to Korst, the Coalition has no desire to form a competing trade association, but the companies involved feel an organized effort is necessary due to APRO's (Association of Progressive Rental Organizations) recent announcement that the trade association would no longer actively pursue federal legislation that contains minimum disclosure requirements - opting instead for a "Definition Bill" stating simply that a rent to own transaction is a lease. APRO developed the Definition Bill approach after Rent A Center and Rent Way resigned from the association in October, 2004.

Defining Rent to Own as a transaction separate and apart from retail has always been the holy grail of legislative efforts at all levels of government. But, say experts, a bill devoid of consumer protections will be difficult, if not impossible to pass.

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Ron Waters, former APRO Director of Legislative Affairs, now an independent industry lobbyist, said "This has been tried before. The Rental Purchase Agreement Act started out as a definition bill." Waters explained that it was Congressional leadership from both sides of the isle that insisted on the addition of consumer protections such as minimum disclosure requirements. Waters added that stripping out those consumer protections will remove Democratic support from the bill and vastly decrease the likelihood of passage. "Without Democratic support, this bill will not pass," he said.

Both the Definition Bill supported by APRO and the Disclosure Bill supported by most rent to own dealers since 1985, have big up-sides. Business owners involved for years in the effort to bring national consistency to Rental Purchase regulations tell RTO Online that, if passed, APRO's Definition Bill would be a god-send. But they fear sending mixed signals to Washington. Jeff Lebaken, owner of Lebaken's Rent to Own in Wisconsin, a state where Rent to Own is regulated as a credit sale said "It's not about which legislation is better. Two separate tracks will flip the train." Lebeken believes that one industry supporting two mutually exclusive pieces of legislation sends a message that there is a lack of unity.

APRO President Shannon Strunk is adamant in his belief that two separate efforts by the same industry may actually improve the odds of favorable legislation. Strunk, APRO Executive Director Bill Keese, and General Counsel Ed Winn traveled to Washington D.C. last week to gauge opinions on the Definition Bill strategy. Strunk told RTO Online their objective was 3 fold. "We specifically went to Washington to make sure our strategy was viable, that it wouldn't interfere with anything we've done in the past or any other efforts occurring at the same time. We feel 100 percent certain from the answers we got that we will not be interfering." Strunk declined to name the representatives with whom the group met. Instead saying they met with "Seven offices." He added the meetings included Representatives, Senators and staff.

In an interview Tuesday, Christopher Korst expressed deep concern about the future of favorable Rent to Own legislation if two separate bills are put forward. "If the bill [APRO is] proposing had any chance whatsoever of passing, you might look at this differently, but it doesn't," he said. "What it does have is a significant likelihood of confusing people on Capitol Hill about what the rent to own industry really wants." Korst added that a Definition Bill will be viewed as an attempt to remove consumer protections negotiated by the industry over the past decade. "For 12 years, we've all been going to Washington, meeting with [congressional] staffs and coming 4-square behind the the Disclosure Bill that provides benefits to rental dealers in the form of a definition, and also benefits consumers in the form of disclosures and other protections," said Korst. He added that trying to introduce a Definition Bill to a different committee may cause other more serious problems. "Both [Chairman] Shelby and [Chairman] Oxley are going to object very strenuously to any attempt by any part of this industry to end-run their committee," he said.

The newly formed Coalition expressed a desire to work together with APRO on legislation. "On a number of occasions we have indicated our desire to work with APRO on a single bill and not against each other, " said Chris Korst. "I would hope that we can do that the future." As of press time, no such agreement has been reached.

 

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