[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3561 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3561

To amend the Truth in Lending Act and the Consumer Financial Protection 
Act of 2010 to apply certain protections and oversight to buy now, pay 
                  later loans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2025

    Mr. Reed (for himself, Mr. Van Hollen, Mr. Blumenthal, and Mrs. 
  Gillibrand) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Truth in Lending Act and the Consumer Financial Protection 
Act of 2010 to apply certain protections and oversight to buy now, pay 
                  later loans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Buy Now, Pay Later Protection Act of 
2025''.

SEC. 2. APPLICATION OF THE TRUTH IN LENDING ACT TO BUY NOW PAY LATER 
              LOANS.

    (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) 
is amended--
            (1) in section 103 (15 U.S.C. 1602), by adding at the end 
        the following:
    ``(ff) Buy Now, Pay Later Loan.--The term `buy now, pay later loan' 
means a closed-end consumer loan for a retail transaction that--
            ``(1) is repaid in not more than 4 interest-free 
        installments; and
            ``(2) does not impose a finance charge.'';
            (2) in section 127 (15 U.S.C. 1637)--
                    (A) in subsection (a), by striking ``under an open 
                end consumer credit plan'' and inserting ``under an 
                open end consumer credit plan or a buy now, pay later 
                loan'' each place it occurs; and
                    (B) in subsection (b), by striking ``under an open 
                end consumer credit plan'' and inserting ``under an 
                open end consumer credit plan or a buy now, pay later 
                loan'' each place it occurs;
            (3) in section 170 (15 U.S.C. 1666i)--
                    (A) in the section heading, by striking ``rights of 
                credit card customers.'' and inserting ``rights of 
                credit card customers and buy now, pay later loan 
                customers.'';
                    (B) in subsection (a)--
                            (i) by striking ``a card issuer who has 
                        issued a credit card to a cardholder pursuant 
                        to an open end consumer credit plan'' and 
                        inserting ``a card issuer who has issued a 
                        credit card to a cardholder pursuant to an open 
                        end consumer credit plan or a creditor who has 
                        provided a buy now, pay later loan to a 
                        consumer'';
                            (ii) by striking ``in which the credit 
                        card'' and inserting ``in which the credit card 
                        or buy now, pay later loan'';
                            (iii) by striking ``honoring the credit 
                        card'' and inserting ``honoring the credit card 
                        or buy now, pay later loan'' each place it 
                        occurs;
                            (iv) by striking ``provided by the 
                        cardholder'' and inserting ``provided by the 
                        cardholder or consumer'';
                            (v) by striking ``defenses against a card 
                        issuer'' and inserting ``defenses against a 
                        card issuer or creditor'';
                            (vi) by striking ``is the same person as 
                        the card issuer'' and inserting ``is the same 
                        person as the card issuer or creditor'';
                            (vii) by striking ``is controlled by the 
                        card issuer,'' and inserting ``is controlled by 
                        the card issuer or creditor,'';
                            (viii) by striking ``common control with 
                        the card issuer'' and inserting ``common 
                        control with the card issuer or creditor'';
                            (ix) by striking ``in the card issuer's 
                        products'' and inserting ``in the card issuer's 
                        or creditor's products'';
                            (x) by striking ``by the card issuer in 
                        which'' and inserting ``by the card issuer or 
                        creditor in which''; and
                            (xi) by striking ``using the credit card 
                        issued by the card issuer'' and inserting 
                        ``using the credit card issued by the card 
                        issuer or the buy now, pay later loan provided 
                        by the creditor''; and
                    (C) in subsection (b)--
                            (i) by striking ``asserted by the 
                        cardholder'' and inserting ``asserted by the 
                        cardholder or consumer'';
                            (ii) by striking ``at the time the 
                        cardholder first notifies the card issuer or 
                        the person honoring the credit card of such 
                        claim or defense'' and inserting ``at the time 
                        the cardholder or consumer first notifies the 
                        card issuer or creditor or the person honoring 
                        the credit card or buy now, pay later loan of 
                        such claim or defense''; and
                            (iii) by striking ``the cardholder's 
                        account'' and inserting ``the cardholder's 
                        account or the consumer's buy now, pay later 
                        loan account'';
            (4) in section 161 (15 U.S.C. 1666)--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``in connection with an 
                extension of consumer credit,'' and inserting ``in 
                connection with an extension of consumer credit, 
                including a buy now, pay later loan,''; and
                    (B) in subsection (d), by striking ``an open end 
                consumer credit plan'' and inserting ``an open end 
                consumer credit plan or a buy now, pay later loan''; 
                and
            (5) in section 171(a) (15 U.S.C. 1666i-1), by striking ``In 
        the case of any credit card account under an open end consumer 
        credit plan'' and inserting ``In the case of any credit card 
        account under an open end consumer credit plan or buy now, pay 
        later loan''.
    (b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Consumer Financial Protection Bureau shall issue such 
rules as the Bureau determines necessary to carry out the amendments 
made by subsection (a).

SEC. 3. FEDERAL SUPERVISION OF BUY NOW, PAY LATER LOAN LENDERS.

    Section 1024(a)(1) of the Consumer Financial Protection Act of 2010 
(12 U.S.C. 5514(a)(1)) is amended--
            (1) in subparagraph (D), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end:
                    ``(F) offers or provides to a consumer a buy now, 
                pay later loan, as defined in section 103 of the Truth 
                in Lending Act (15 U.S.C. 1602).''.
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