Never waste a perfectly good crisis! Responding to Hotel Gold Buyers.

Hotel Gold Buyers are the current focus of many in our industry and rightfully so. Hoping the issue goes away while doing nothing is just plain silly and yet many pawnbrokers will do just that. Nothing. Well except for complain about the fact there is a problem and why nobody has done anything about it. We are good about that.

There is no “one-size-fits-all” approach to dealing with your individual problem in your individual municipality in your individual state. The purpose of this document is to provide enough basic information that a business owner can then use to formulate a plan of attack to go after “THEIR” problem. To be clear, the NPA will not solve this problem on anyone’s behalf, nor can they. So, stop waiting for that non-event to occur.

The impact of a “buying event” in Keller, TX is irrelevant to any pawnbrokers and their customers outside that region, so those directly impacted by that “event” are the ones that need to step up and address it so it doesn’t happen again. Period. If you do not help solve the problem, then you are part of the problem. Period.

Until now, local buying events have been treated with a mishmash of last-minute appeals to law enforcement halfway through the actual event. These attempts to squash the event are usually met with varying excuses and lukewarm offers to “do something about it next time since it is too late now and they already have a license etc…”. How is that working? If that has been your experience, then it is time to change your approach! What follows then is a common-sense guideline for next steps that ANY pawnbroker can follow and utilize to actually make progress in stopping this scourge from growing any worse than it already is.

Keep in mind that our goal is not to eradicate your competition. The reason many of our missives with law enforcement on this front have failed is because we are whining about what is fair and it is seen and receive for just that…whining. Remember, that approach is not working. We are attempting to bring our competition under the same rules that ARE enforced against licensed pawnbrokers in order to protect the public and assist law enforcement in their goals. THAT, while addressing the same issues, is NOT whining. It should be about educating and coming along side law enforcement which is NEVER a bad thing.

There are three basic areas we need to look at in order to be successful as possible in our mission.

    1. Educate yourself about the laws in play that you as licensed pawnbrokers are required to follow. Keep in mind that ALL pawnbrokers are “Precious Metals Dealers” and “Secondhand Dealers”. There are in many instances rules that are separate for these entities. In order to know what laws apply, you need to look at the right rules to begin with! Hotel Gold Buyers are NOT pawnbrokers!!! You cannot make them fit into whatever rules govern you as a pawnbroker!
      1. Look in the “definitions” section of your municipal code/statutes and identify exactly what is a “pawnbroker” and what is a “secondhand dealer” or “precious metals dealer”. Know the differences and similarities.
      2. Define clearly those rules that are not, or are most likely not, being followed by these out-of-town buyers, detailing the sections and codes so that law enforcement can easily see where enforcement is not occurring. This is as simple as printing out the appropriate code and using a yellow highlighter.
    2. Educate law enforcement about the laws in play and why you feel that there is a problem, without whining! Focus on education while also offering to provide any assistance along the way. Yes, offer to partner with them rather than stand back with arms crossing asking, “Well, what are you going to do about it?”
      1. Better yet, form a coalition with several area pawnbrokers to have this conversation and do this as a unified front.
      2. Get as much of this in writing as possible in case you need it later. If you are providing documentation in writing upfront and that is how the whole dialogue goes, that is great. If you have an in person dialogue, then follow it with an email that details what you discussed and also what you understand the next steps to be. The more you have in writing, the better any follow up will be. All parties tend to do a better job of being professional and following through when things are in writing.
      3. Provide additional information to law enforcement that may assist them in YOUR mission.
        • Advertising is plentiful for these events and should be kept now until we see these events either dry up or fall into compliance. Advertising takes several forms but is typically found in:
          1. Newspapers
          2. Mailers
          3. Social media (especially FaceBook)
        • Reports and documents from third parties (like us) that have detailed databases showing every event in the country since Sept 1, 2025.
        • Evidence of successful litigation shutting these events down for lack of compliance with local or state rules (See Jackson County, MS permanent injunction)
        • Copies of BBB and other similar watchdog sites showing disgruntled victims with a focus on things like bounced checks and shady techniques in play)
    1. Follow through! Accountability is the key by all parties. We are asking for accountability on the part of the gold buyers and law enforcement.
      1. If the gold buyers fall into line (which is rarely the case) then make sure that all players in the region fall into line equally for the benefit of all. Competition that is fair is the aim of the mission, with or without the gold buyers included. That choice is theirs and not ours.
      2. If they do NOT fall into line (usually the case) then the plan needs to be re-tooled and in most cases escalated to the next levels. It is important to not alienate law enforcement even though they may be part of the problem! Do not shoot yourself in the foot here!
        1. Law EnforcementIn writing, explain that you are disappointed with the results and ask how you can have further dialogue to better understand why they feel the way they do. Also explain that this is very important to you and that you are considering next steps on that basis. Do not threaten, just let them know you are not letting the ball drop here.
        2. Identify who in the media could be helpful to you, especially investigative journalists that like consumer advocate type stories. Rarely do they consider us to be more than a target, so this is a great opportunity to educate the media and the public about what we do and how regulated we are! It is safe to share your frustrations with these events and why (just don’t whine). This is where having written documentation of your attempts is critical!
          • Ask them to help identify why law enforcement is choosing not to enforce laws for some but will do so for others that fall under those same laws.
          • Remember to show as much context and detail as you can, keeping abreast of all attempts across the country by others who are seeking the same outcomes even if they are in different states.
        3. Consider meeting with the city attorney. You are seeking understanding as to why city codes or state statutes are not being handled on an equal basis. You are not accusing, but you are trying to understand! It goes without saying that you will need to get everything in writing here as well. Let them know you are serious about this and want to see it addressed. Again, here is where a coalition of like-minded competitors is very useful. It sends the correct signal that competition is not the issue, rather it is a lack of conformity that needs to be addressed.
        4. Hire an attorney of your own to address next steps which may be a more strongly worded request to the city attorney or the filing of paperwork seeking a permanent injunction against these out-of-town buyers and their non-conforming behavior. Obviously, you would provide all of the documentation listed above in order to give as much ammo as you can to your representative.
        5. Get your state association involved at the appropriate level. THIS IS WHY STATE ASSOCIATIONS EXIST! They should be looking at what other associations are doing that has worked while also focusing on what has NOT worked so they can get their lobbyist helping to make changes that are going to have the biggest impact on your mission.

The issues that are most often trampled on by these out of state bad actors are:

    1. Improper licensing
      • A city business license for a popup event is rarely adequate, and this is an important fact for law enforcement to understand. A simple request is to compare a state ID to a DL. Both are a form of identification, but a state ID is not a license to drive and they will call you on it. We are asking for the same consideration here.
    2. Lack of identification gathering of sellers
      • We have documented evidence of ID’s being copied and fingerprints taken but then never delivered to law enforcement. This is a much bigger issue because the customer believes that the buyer is acting legitimately when they actually are not.
    3. Lack of reporting to law enforcement
      • In most cases, law enforcement gets zero information about the seller or the items being sold.
    4. Items not being held separately through hold time (commingling)
      • It is common for the buyers to use coffee cups from the hotel to commingle like items (wheat pennies in one cup, mercury dimes in another, 10k, 14k, 18k, 925 all in separate containers)
      • In most cases, a unique identifying number is to be assigned to each item that ties with what is reported to law enforcement. Clearly when items are commingled this is not occurring.
    5. Items not being held at all (shipped out every night to head office)
      • While this is a sticking point for all, it is important to know your municipal and state rules that address WHICH items are to be held. In some areas, only coins have to be held, while in others coin AND bullion are to be held. In almost all areas, secondhand items of all types (jewelry, flatware etc…) are to be held and reported.
    6. Improper scales in use (not calibrated or licensed)
      • Frustrating for us, but can be used as a tool in the fight. The rules that regulate scale use are rarely found with secondhand rules, so you have to do a little digging. Most often the state Dept of Agriculture is the one that oversees the rules for scales so their website is a good resource.
    7. Federal laws that can be brought to the attention of law enforcement, but they may not pay any heed:
      • No Anti-Money Laundering program
      • Annual training of employees not performed or documented
      • Annual reviews not performed
      • SDN checks not performed on every client they hand money to

A final thought is that anyone you speak with needs to understand the nefarious nature of these out-of-town characters. They purposely keep notification about upcoming events close to the vest.

    • While they have websites, they are most often basic in nature. There is usually a single landing page only that points you to a Facebook page. This is intentionally done so that it is hard to see where they will be further out than 10-14 days, handcuffing law enforcement efforts since things are already under way.
    • There is no mechanism in place to leave negative feedback in an attempt to warn others. Anything left on Facebook of a negative nature is immediately removed since they control the narrative.
    • They put locally pre-fixed phone numbers on advertising to make it appear as if they are not out of state.
    • They use “Roadshow” references and photos in their advertising and marketing which is very misleading.
    • Advertising for different “buyers” looks very similar as do the logos employed, leading us to believe that they are all owned by a single company.
    • ID’s are copied and fingerprints taken at shows of sellers, but these are never provided to law enforcement. What is the purpose? More importantly, what is done with this non-public identifying information? If not given to local law enforcement, what was the purpose? If and when destroyed, is this done securely?

Educate yourself. Educate law enforcement. Follow-through. These steps will work but you can’t skip any of them.

Choosing a Software

Shopping for pawn software can be a very daunting task. Whether you are a new store looking for the first time, or you are a well-established company with a dozen locations, this is daunting! For those with established stores, transitioning to a new pawn program will be one of, if not THE single most disruptive thing you will go through as a business owner. Your staff and customers will have their patience tried as you re-learn what you thought were simple tasks.

If you are in a position where your current software is no longer supported, you may feel let down and certainly out of control, as you are now forced into making a change that was the furthest thing from your mind. The anxiety you are experiencing is because you are not in control, and as a business owner, that is a very uncomfortable place to be. So, what do you do?

What you should NOT do, is take opinion polls on social media platforms asking “which software is best”. Those questions only work to solicit feedback from cheerleaders or opponents of the software in question. Opinions are not facts, and what you need are facts.

We have put together the a guide which is meant to be a neutral place for you to work from as you make well thought out decisions when it comes to one of the biggest business decisions you will make over the next several years. Please take the time to read through it and put some real thought to what you are about to do. The exercise of thinking it through will allow you to start regaining control of the situation and place you in more familiar territory.

The guide will allow you to identify which items are most important for you to have in your new software, as well as:

        • contact information so you can set up appointments for demos,
        • questions you can ask of software vendors,
        • questions you can ask of peers who have already made the switch you are considering, and
        • contact information for those peers

It will NOT tell you “which is the best software”. That is not possible. You have to determine that yourself. But if you will get out in front of it and take control of the situation, chances are you will do just fine. Don’t forget to involve your staff along the way so you have their buy-in, do lots of research, and then set off to do this task with an optimistic attitude that this change is going to be a great thing for your business. Your positive mental attitude will make much of the difference when it counts, and your preparedness and planning to get you to that point will help provide you with that positive mental attitude.

Things to Know About BOI Registration

  1. It is required for all entities (corporate and LLC) in the US with few exceptions. The only one that will likely impact some of this audience is:
    1. Companies with at least 20 full-time employees, more than $5 million in gross receipts or sales, and a physical office in the United States
  2. Registration is free from the FinCEN site while other forms of registration (especially other websites) will charge for the service.
    1. https://fincen.gov/boi is the official site
    2. Do NOT use BOIR service unless you want to pay. They are the “sponsored” response on Google when you search, and they are trying to look like the FinCEN site.
  3. Before you do anything, make sure you have a copy of a driver’s license on your computer for each owner with a 25% or more share of the entity.
      1. This can be front only
      1. Once on the FinCEN site and you are ready to start registration, do NOT check box number 3 (FinCEN ID) unless you have multiple (more than 1 or 2) entities. It will add a lot of time to the process that is not required.
      2. Use all drop down boxes as they are way easier to navigate
      3. Do NOT put in a dash with the Tax ID Number for your entity
      4. When you get to box 16, be sure to check it IF YOUR ENTITY HAS BEEN IN EXISTENCE PRIOR TO 1/1/2024. This will be most of you. This will eliminate a chunk of information you need to place on the form.
      5. You will have an opportunity to SAVE your form before you submit. Be sure to do this!
      6. You will get a confirmation receipt. PRINT AND SAVE!
      7. There is no cost to register, but the penalty for not doing so is over $500/day for late filing. There is a cap around $10K, but why pay it???
      8. There is no annual filing.
        1. If you sell your business, you will file one to let them know you are out of the game.
        2. If the makeup of those with 25% stake in the entity changes you will need to re-file within 30 days of the event that causes the re-filing.
      9. This is NOT an attack on precious metals dealers. This IS an attack on shell and shelf corporations, and it is meant to eliminate the money laundering and tax evasion opportunities that they represent. Those with nothing to worry about should have zero problems doing this. All they need is:
        1. Entity legal name, address, TIN, and state of formation
        2. Beneficial Owners (25%+) name, address, SSN
        3. Copy of driver’s license attached for each Beneficial Owner
      10. FinCEN does NOT need any information about your business performance, valuations or anything of the sort. They get that from your tax return each year. This is all about who the owners of taxable entities are. Period. Remember that corporations are nothing more than a piece of paper. You are not the entity, and the entity is not you. It is a separate living breathing entity that you control. If you have control, and it is 25% or more, they want to know it.
      11. Register no later than January 13, 2025

      Understanding the New Changes to 1099-Bs: Insights from Josh Davidson

      If you’re a business owner, investor, or just someone who wants to stay on top of tax season changes, you’ve probably heard about the latest updates to 1099-B forms. But what do these changes mean for you? That’s exactly our friend what Josh Davidson, CPA and current staff accountant and controller at Pure (YC S23), breaks down in his latest article. With his background as a Big 4 alumni, Josh is uniquely positioned to offer insights that go beyond the surface.

      Why You Need to Pay Attention to 1099-Bs

      The 1099-B form is a critical piece of the tax puzzle for anyone precious metals dealer. Recent regulatory updates have introduced some key changes, and misunderstanding these could lead to errors on your tax filings — or worse, penalties. Josh’s article demystifies the updates, explaining:

      • What’s New: A detailed look at the revised reporting requirements.

      • Who’s Affected: Specific groups who need to pay extra attention, including small business owners and independent investors.

      • How to Prepare: Practical steps to ensure compliance and avoid common pitfalls.

      Why Listen to Josh?

      Josh Davidson combines the precision of a CPA with the real-world insights gained from his time at a Y Combinator-backed company and a top-tier accounting firm. His experience equips him to tackle complex topics with clarity, making this article a must-read for anyone navigating these changes.

      Don’t Miss Out

      Taxes are complicated enough without scrambling to understand last-minute changes. Let Josh’s expertise guide you through the nuances of the new 1099-B requirements.

      Read the Full Article Here and take control of your tax strategy today!

      Understanding FinCEN’s Beneficial Ownership Information (BOI) E-Filing System

      In recent years, the U.S. has made significant strides to combat financial crimes like money laundering, corruption, and terrorism financing. One of the key developments in this fight is the introduction of the Financial Crimes Enforcement Network’s (FinCEN) Beneficial Ownership Information (BOI) e-filing system. The system, mandated by the Corporate Transparency Act (CTA), aims to improve transparency in business ownership and enhance the ability of law enforcement and regulators to track illicit financial activities. But what exactly is the BOI e-filing system, and why was it created? In this post, we’ll take a deep dive into its background and purpose.

      The Need for Greater Transparency

      Before the BOI e-filing system, many U.S. companies—especially those formed in states with loose incorporation laws—were able to hide the identities of their true owners behind complex corporate structures, anonymous shell companies, or nominee directors. This lack of transparency made it easier for criminals, including money launderers and terrorist financiers, to move illicit funds through the financial system without detection.

      One of the central goals of the BOI e-filing system is to increase transparency by requiring U.S. companies to disclose their beneficial owners—the individuals who ultimately own or control the company. By making it more difficult for bad actors to hide behind anonymous entities, FinCEN aims to close loopholes and deter illegal activities.

      The FATF’s Push for Beneficial Ownership Transparency

      The global push for beneficial ownership transparency has been largely driven by the Financial Action Task Force (FATF), an international body that sets standards for combating money laundering and terrorism financing. In 2012, FATF introduced a set of recommendations urging member countries to improve the transparency of corporate ownership structures. FATF recognized that the use of anonymous companies was a major enabler of illicit financial activities, as it made it difficult for authorities to identify the true owners behind complex legal structures.

      In 2016, FATF strengthened its stance, specifically emphasizing that countries should have mechanisms to ensure beneficial ownership information is accurate, up-to-date, and accessible to authorities and relevant financial institutions. This led many nations, including the U.S., to take action to create centralized registries where such information could be stored and easily accessed by law enforcement.

      FATF’s recommendations pressured countries to adopt stronger policies on corporate transparency. In response, the U.S. passed the Corporate Transparency Act (CTA) in 2021, which mandates the collection and reporting of beneficial ownership information to FinCEN. This was seen as a critical step in aligning the U.S. with FATF’s global standards and improving its defenses against financial crime.

      The Corporate Transparency Act (CTA)

      The BOI e-filing system is a direct result of the Corporate Transparency Act (CTA), which was passed in January 2021 as part of the National Defense Authorization Act (NDAA). The CTA mandates that most U.S. companies—including corporations, limited liability companies (LLCs), and similar entities—report their beneficial ownership information to FinCEN.

      Under the CTA, companies must file detailed information about their beneficial owners, including their names, addresses, dates of birth, and unique identification numbers (such as a passport or driver’s license number). This information is then stored in a secure database maintained by FinCEN.

      Why Is the BOI E-Filing System Important?

      1. Enhanced Law Enforcement and Regulatory Access

      The BOI system makes it easier for law enforcement agencies and other regulators to access crucial information about who owns and controls U.S. companies. With a centralized, digital registry, investigators can quickly trace the flow of illicit funds and identify the people behind suspicious activities. This ability is critical in efforts to investigate crimes like tax evasion, fraud, and organized crime.

      2. Strengthening Anti-Money Laundering (AML) Efforts

      The BOI system plays an integral role in enhancing the U.S.’s anti-money laundering (AML) framework. Financial institutions are required to conduct due diligence on their clients as part of the Know Your Customer (KYC) regulations. With direct access to the BOI registry, banks and other financial entities can more easily verify the true ownership of their clients and detect potential risks of money laundering or terrorism financing.

      3. Protecting U.S. Markets and Financial Integrity

      Anonymous companies have long been a tool for hiding illicit wealth and evading financial regulations. The BOI e-filing system seeks to protect the integrity of U.S. financial markets by ensuring that the people who control companies are accountable. This not only reduces the potential for illicit activity but also helps maintain the overall health and reputation of the U.S. economy.

      4. Supporting Global Anti-Crime Efforts

      The U.S. has long been a hub for international finance. As such, it plays a critical role in the global effort to prevent the misuse of corporate entities for criminal purposes. By creating a comprehensive, accessible database of beneficial owners, the U.S. is doing its part to improve global transparency and make it harder for criminals to hide illicit assets across borders.

      Who Must File, and Who Is Exempt?

      The CTA requires most domestic and foreign companies formed or registered to do business in the U.S. to file BOI reports with FinCEN. However, there are some exemptions. For example, large companies that meet specific criteria—such as having more than 20 employees, more than $5 million in annual revenue, or a physical office in the U.S.—are not required to file BOI reports. Additionally, regulated entities like banks and insurance companies are exempt from the reporting requirements because they are already subject to rigorous AML and KYC regulations.

      What Does the Future Hold?

      The rollout of the BOI e-filing system represents just the beginning of a broader shift toward greater corporate transparency in the U.S. As more companies begin submitting their beneficial ownership data and law enforcement agencies gain access to these insights, we can expect a more effective and efficient financial crime prevention framework. However, the true success of the system will depend on how well it is enforced and how effectively regulators use the data to investigate potential violations.

      Conclusion

      FinCEN’s BOI e-filing system is a landmark development in the U.S. effort to combat financial crime. By increasing transparency around corporate ownership and ensuring that the identities of beneficial owners are accessible to law enforcement, the system strengthens U.S. efforts to prevent money laundering, terrorism financing, and other illicit activities. As the system matures, it will likely become a cornerstone of the U.S. financial regulatory framework, helping ensure that the financial system remains secure, transparent, and accountable.

      For businesses, the introduction of the BOI e-filing system means a greater responsibility to comply with transparency regulations. But for the broader public, it represents a step forward in the fight against financial crime, making it harder for bad actors to hide behind anonymous companies and conduct illicit business.

      The implementation of the Corporate Transparency Act and its accompanying BOI e-filing system is a major move towards a more open and accountable business environment, in line with FATF’s global push for greater transparency in corporate ownership.

      This version includes a section on the FATF’s role in pushing for beneficial ownership transparency, noting the FATF’s recommendations dating back to 2012 and their reinforcement in 2016, which ultimately influenced the U.S. government’s decision to adopt these regulations.

      How to Report Amounts in Box 29 of Form 8300 for Precious Metals Dealers

      When filling out Form 8300, understanding what to report in Box 29, “Total cash received,” is crucial for precious metals dealers. Recently we clarified this with FinCEN for scenarios involving cash transactions exceeding $10,000.

      Scenario:

      Imagine a customer hands you $12,000 in cash to pay for an item priced at $11,980. You provide $20 in change back to the customer. So, what amount should go in Box 29?

      FinCEN’s Answer:

      In this case, you should enter $12,000 in Box 29. According to FinCEN, Box 29 should reflect the total cash received, which is the amount given to you by the customer. The $20 you returned in change is not reportable, as it isn’t part of the total cash received in the context of this form.

      Additional Tips

      For any complex scenarios, you may use the Comments section on Form 8300 to clarify details related to the transaction.

      FinCEN’s XML Schema User Guide, available here, provides further guidance on filling out Form 8300 accurately.

      At AML Gurus, we’re here to help you navigate AML compliance confidently, ensuring all reporting is done accurately. If you have questions about completing Form 8300 or other AML requirements, feel free to reach out to us for expert assistance.

      The IRS Goes Digital: New Electronic Filing Requirements for Pawnbrokers and Precious Metals Dealers.

      In the ever-evolving landscape of financial regulations, staying informed is crucial for businesses, especially those in industries that deal with high-value items like pawnbrokers and precious metals dealers. Starting January 1, 2024, the IRS is rolling out a significant change – the requirement to file Form 8300 electronically. This change is poised to streamline reporting and enhance anti-money laundering (AML) efforts. We will explore what this means for pawnbrokers and precious metals dealers and how they can adapt to this new requirement.

      Form 8300, officially titled “Report of Cash Payments Over $10,000 Received in a Trade or Business,” is a crucial tool used by the IRS to track large cash transactions. It is part of the broader effort to combat money laundering and other financial crimes. Businesses that receive cash payments exceeding $10,000 or more in a single transaction or in two or more related transactions must report these transactions by filing Form 8300.

      The transition to electronic filing of Form 8300 is in line with the IRS’s broader initiative to modernize its reporting processes and improve data accuracy. Electronic filing offers several advantages:

      1. Efficiency: Electronic filing eliminates the need for manual paperwork and postage, streamlining the reporting process and reducing the chance of errors.
      2. Timeliness: Electronic submissions are processed faster, allowing the IRS to detect suspicious activity more promptly.
      3. Security: Electronic filing provides a secure way to transmit sensitive financial information, reducing the risk of data breaches.
      4. Accuracy: Built-in validation checks help ensure that the submitted information is complete and accurate.

      Pawnbrokers and precious metals dealers often deal with high-value items, making them potential targets for money laundering and other illicit financial activities. The IRS’s decision to mandate electronic filing for these businesses underscores the government’s commitment to combating financial crimes in these sectors.

      Here are the key points pawnbrokers and precious metals dealers need to consider:

      1. Compliance Deadline: Starting January 1, 2024, all qualifying businesses must file Form 8300 electronically. Non-compliance can result in penalties and legal repercussions.
      2. Access the BSA E-Filing System: Go to the official BSA E-Filing website provided by the Financial Crimes Enforcement Network (FinCEN) at https://bsaefiling.fincen.treas.gov/main.html.
      3. Training: Employees should be adequately trained on how to use the electronic filing system and understand the new reporting process to prevent errors and ensure timely submissions.
      4. Documentation: Maintain thorough records of all cash transactions exceeding $10,000, as these will be essential when filing Form 8300 electronically.
      5. Stay Informed: Keep up to date with IRS guidelines and any changes in reporting requirements. Consult with AML Gurus if you have questions or concerns.

      Navigating the new IRS requirement for electronic filing of Form 8300 can be challenging, especially for small businesses in the pawn and precious metals industries. If you have any questions or concerns about compliance or AML measures, consider seeking advice from the AML Gurus who specialize in these areas.

      The IRS’s move to require electronic filing of Form 8300 is a significant step toward modernizing financial reporting and strengthening efforts to combat money laundering and other financial crimes. Pawnbrokers and precious metals dealers should prepare for this change by investing in suitable software, training their staff, and maintaining accurate records. By staying informed and compliant, businesses in these sectors can continue to thrive while contributing to a safer and more transparent financial system.

      Changes in Washington; How it could affect you.

      Changes in the White House usually mean a change in those who run the myriad departments that oversee our businesses and therefore our livelihoods. So, what should we expect now? With the promise of a very tumultuous mid-term election season, we may see a flurry of activity to get things passed that ordinarily might have taken more time and bipartisan discussion. This is typical politics. But how does that impact us? Let’s look at a few things that our industry should be watching to insulate themselves from needless pain and suffering.

      First is the CFPB. The department has a new Director, Rohit Chopra, and he is coming out swinging. Prior to his appointment he was the Commissioner of the Fair-Trade Commission, where he pushed for more aggressive remedies against big tech companies. In an article penned by John R. Coleman for Buckley Commentary & Analysis on September 30, 2021, the first sentence says, “The CFPB under the leadership of Rohit Chopra appears poised to pursue an aggressive enforcement posture and test the limits of its authority in pursuit of broad market change”. To be clear, you do NOT want the CFPB looking in your general direction let alone doing a thorough examination of your practices. Keep in mind the department exists to make a fair and level playing field in the financial market for consumers. How many times can we say that folks accuse us of treating them unfairly? How about with the interest rates and fees we charge? Might this make us a target? Look at how much legislation is aimed at payday lenders that we frequently get lumped into.

      There are three things to make sure you have right, so you do not risk getting to know the CFPB closely.

      1. Truth in Lending Act (TILA).
        1. Make sure that the wording on the back of your contracts matches federal and state laws.
        1. Make sure the APR stated on the contract is correct.
        1. If you are collecting mobile payments, consider how that payment affects the APR stated on a contract signed in advance. Does your practice of accepting those payments then put you in a position of ‘over-charging’ your customer?
      2. Military Lending Act (MLA)
        1. Make sure your contract does not mention ‘arbitration’. The MLA does not allow this, and it is a major component of the CFPB complaint against First Cash[1]
        1. Make sure you have proof you are providing a required verbal representation of the Military Annual Percentage Rate (MAPR) to your covered borrowers[2]
        1. Make sure your staff is fully aware of your company’s policies and procedures and that you fully understand your risk when it comes to not using the safe-harbor provision found in the MLA.
      3. Equal Credit Opportunity Act (ECOA)
        1. While not a leading cause of CFPB-induced heartburn, it is important that you have a statement in your policy manual about the fact that your loans are based on the collateral presented, its condition and ‘salability’ and the customers payment history and NOT on any other reason that could get you in trouble. Train your staff on this. Be mindful of the never-ending chatter about equality and how any infraction here can blow up in an ugly PR kind of way.

      Second is the Fair-Trade Commission (FTC). This department also gets a new Director, and we are not sure what direction they will go, but there has been some recent saber rattling around the Safeguards rule according to the recent NPA Government Relations Committee’s webinar. The idea here is that you are tasked with keeping all of the non-public identifiable information of your customers in your possession away from prying eyes. These means secure storage at all times (digitally or otherwise) and then secure destruction when the time comes (digitally or otherwise).

      If you use a cloud-based software program, have you asked what guarantees they provide that you will not be the victim of a data breach? Do you have any idea what to do in the event of a data breach? Do you carry a Cyber-Liability rider on your insurance policy? Make sure you talk to your providers about this important coverage, and make sure you understand the important differences between the levels of coverage. Data breaches are happening more…not less.

      With the pending flurry of activity by Congress, all stakeholders should be carefully watching any proposed legislative action that could be damaging to our industry. We should all be paying close attention to what is going on in Washington. One way is to sign up for the weekly NPA e-mail update[3] (you do not have to be an NPA member to get the e-mail). Another is to get alerts about potential legislation as it is introduced and not after it is signed into law. There are many options available to do this but “GovTrack.us” is a good start.

      One additional item that was mentioned in the January 27 NPA GRC webinar was the increased focus on functioning AML programs by banks and the Financial Crimes Enforcement Network (FinCEN). Our business has doubled almost overnight with banks like Truist actually referring their clients to us if they are found lacking in the AML department. This is a huge reversal from a few years ago where the banks were just casting pawnbrokers aside. While not all banks are taking this step, they are all being forced to perform due diligence of their clients. If you have an AML program, make sure it is current, you are doing your training, and you are getting the mandated annual reviews. If you do not have an AML program, well, what are you waiting for?


      [1] https://www.consumerfinance.gov/enforcement/actions/firstcash-inc-and-cash-america-west-inc/

      [2] https://www.burrellprinting.com/products/Pawn-Loans/MLA-Disclosure/MLA-MAPR-Disclosure

      [3] https://www.nationalpawnbrokers.org/this-week-in-pawn/

      Don’t skip the training

      As I perform annual independent AML reviews across the country, I run across the same issues time and time again, the biggest of which is training not being performed either on time or at all. Title 31 of the US code, otherwise known as the USA PATRIOT Act, requires that all precious metals dealers required to have an AML program must train their staff on the following occasions:

        1. Within 30 days of hire
        2. Annually as a refresher
        3. Anytime the law changes

      Employees who require training are those who interact with customers at the loan and sales counters, are in administration or are on the Board. Basically, if they handle cash or are in charge of those who do, then training is required. Those who do online sales or other services like warehouse work or jewelry repair are excluded from the requirement.

      If you think about the 4 pillars, this is the one that lies squarely on the compliance officer’s shoulders.

      To pass muster, there needs to be good documentation of training. Be sure to record:

        1. What was discussed with some detail
        2. Who attended the training
        3. Who presented the training
        4. The date of the training

      Attendees should sign a register or some sort of document that proves they were there along with what training they received. These documents should be retained for a minimum of 5 years before they are destroyed.

      Training topics need to include the following at a minimum:

        1. Money laundering defined with examples provided
        2. What suspicious activity looks like and how it is handled
        3. Indications for use of a SAR and who will be filing these
        4. Indications for use of an 8300 form and who will be filing these
        5. The four pillars of the AML program
        6. Record retention requirements
        7. OFAC and SDN lookup requirements and your procedures
        8. GLBA, privacy and safeguard requirements
        9. Proper Customer identification procedures
        10. Know your Customer and Enhanced Due Diligence procedures

      Training can be provided in one-on-one or group settings or you can use an online resource. A test is not required if done in a setting that allows for back and forth so all questions can be answered. Ultimately, the compliance officer needs to feel confident that those being trained walk away informed and that actual learning took place. If this is not guaranteed, then a written test should be incorporated.

      The importance of this piece of the AML program can’t be overstated. If you think about the 4 pillars, this is the one that lies squarely on the compliance officer’s shoulders. If they are not on top of the training, it will show during a review. It only takes the IRS folks about 5 minutes to identify whether or not a company has their act together or is trying to bluff their way through an exam. Those identified as having their act together sail through exams practically stress-free. Those who do not have their act together will feel as if they were tortured.

      If you need help with training or want to run what you are currently doing past us to see if you are covered, we are here to help!

      Posting Compliance

      Listing of state and laws that require posting by employers

      There has been a lot of activity in federal, state, and local government agencies that require action on the part of the employer. Above is a listing of all the changes by state and the laws with the mandatory change in the last three months.

      If you are in an affected state, all you need to do is go to your state’s Labor Department website and search printable posters. You can always print the required posters for free from your state’s Labor Department and forego using a service to provide the posters for you.

      11 more states will see an increase in the minimum wage at the start of the new year. They will require new postings to be in place by 1/1/22.

      Contact us with any questions you might have about your compliance posting requirements.

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