Benefiting 4 million small businesses

SACRAMENTO – A federal district court this week upheld Senator Steve Glazer’s Truth in Lending law in a summary judgment that declined to hear a lawsuit filed by a lender organization that argued the law did not apply to them.

Under legislation that Senator Glazer, D-Contra Costa, authored in 2018 (Senate Bill 1235), California became the first state in the nation to give small business owners the same protections that Truth in Lending laws have given consumer borrowers for more than half a century. The law became permanent this year when Governor Gavin Newsom signed Senator Glazer’s follow-up bill, SB 33.

The lawsuit, brought by online financers called the Small Business Finance Association, sought to invalidate regulations that the California Department of Financial Protection and Innovations (DFPI) adopted to implement Senate Bill 1235, which requires lenders and other finance companies to provide clear and consistent disclosures to small business owners when they offer them financing and when they close a deal.

CORRECTION: The court ruled in favor of the DFPI’s motion for preliminary injunction. The summary judgment (Motion for Summary Judgment) concluded that the disclosures required under the Department’s regulations were lawful under the First Amendment and were not preempted by federal law.   

In his 14-page order, the judge, R. Gary Klausner of the Central District of California, dismissed the plaintiffs’ arguments and praised state regulations implementing the law for protecting small business owners.

“The disclosures will help small businesses understand the cost of SBFs (Subscription Based Financing) and OECs (Original Equipment Costs) and do comparison shopping … Small businesses have asked for standardized disclosures that uncloak the true cost of financing and highlight useful information like “APR (Annual Percentage Rate), repayment amount, frequency of payments and prepayment penalties. The Regulations mandate such disclosures, thereby helping small businesses make informed credit decisions.”

DFPI Commissioner Clothilde Hewlett called Judge Klausner’s decision a “significant victory for small business owners and consumer protection in the State of California. SB 1235, and the accompanying DFPI regulations, ensure that more than four million California small businesses have protections like those enjoyed by consumers under the Truth in Lending Act for more than 50 years.

Hewlett continued: “These regulations empower small businesses to make informed credit decisions and better understand the cost of small business financing products, including merchant cash advances. The DFPI is committed to advancing opportunities for small business owners to achieve the California dream by ensuring a fair financial marketplace.”

The law is aimed at providing small business owners stronger footing in the rapidly evolving small business finance market, where fast-moving online lenders were replacing traditional banks in a largely unregulated world of loans and more innovative financing options.

“The federal district court agreed with the premise of my law, and that is that small businesses should be protected from abuses that were trapping them in a spiral of debt as the online lending industry evolved,” Senator Glazer said. “This law offers a modest measure – disclosure — to help level the playing field for small business owners. It is making California a leader in protecting the interests of small business owners as they seek the capital they need to grow.”

Previously, state and federal Truth in Lending laws applied only to consumer finance. Even the owners of the smallest companies were left to fend for themselves on the theory that they were sophisticated merchants who understood the world of finance. Increasingly, however, that is no longer true. Today’s small business owners are often immigrant entrepreneurs struggling to get their enterprises off the ground with little knowledge of the finance industry. Others are young people or early retirees with no background in finance.

Under the law, the financer must disclose the following at the time they offer financing of less than $500,000 to a business owner:

• Total amount of financing
• Total cost of financing
• Term length
• Frequency and amount of payments
• Pre-payment policies
• Annualized rate

Editor’s Note:  The Herald previously reported in this article, based on incorrect information in a press release from Glazer’s office, that Judge Klausner had granted a preliminary injunction against Opportunity Financial LLC (OppFi). That was in error. Judge Klausner’s summary judgment order contained no such order and no motion against OppFi was before the court.

The Antioch Historical Museum is located at 1500 W. 4th Street in Antioch.

All boys and girls ages 8 to 14 are invited to participate in the local level of competition for the Knights of Columbus Free Throw Championship.  Age eligibility is determined by the age of the contestant as of January 1, 2024.  Proof of age is required (please bring a copy of your birth certificate). 

The competitions will be held on January 5, 2024, at Giovannoni Parish Center.

 21 East 15th Street, Antioch

Free Throw Championship

Ages 8-11        registration at 5:30 pm competition begins at 6:00 pm

Ages 12-14      registration at 6:30 pm competition begins when the 8-to-11-year-old competitors are done The Knights of Columbus Free Throw Championship is sponsored annually, with winners progressing through local, district, and jurisdictional competitions. International champions are announced by the Knights of Columbus international headquarters based on scores from the jurisdiction-level competitions.

2023 Winners

The two State qualifiers from this year’s competition were 14-year-old Justin Uribarri who placed 3rd at State, 11-year-old Ezra Palec but she was unable to attend the State competition. Ezra made 22 out of 25 shots at Regionals.  That would have been enough to win the State competition. Another local winner was 12-year-old Thalia Pham. She lost at Regionals in a shoot-off to the girl who ended up being State and International champion.

For more information contact: Wayne Steffen 925.890.0119 or Mike Hayes 925.565.4482

Council #3265 in Antioch, CA is one of 17,000 Knights of Columbus councils that make up the world’s largest Catholic fraternal service organization. Founded in 1882 to assist working-class and immigrant Catholics in the United States, today the approximately two million members of the Knights put their faith into action through a broad range of charitable causes locally, nationally and internationally with financial contributions and hands-on service.

Endorses Pittsburg councilwoman to replace him; filing period extended until Wednesday, Dec. 13

Supervisor Federal Glover has announced that he will not seek reelection in 2024, thus ending six consecutive terms as the District 5 supervisor. During his tenure, Supervisor Glover has been a tireless advocate for the people of Contra Costa County, working to improve the lives of residents in District 5, which includes a portion of Antioch, and beyond.

Supervisor Glover’s accomplishments are many and varied. Before being elected to the Board of Supervisors, he served as a council member for the City of Pittsburg. During his tenure as a council member, and while serving as mayor of Pittsburg, Supervisor Glover led the council in its opening and dedication of its current municipal building for public service.

In 2000, Supervisor Glover began his tenure as a supervisor holding the distinction of being the only African American and only person of color to have been elected to and serve on the County’s Board of Supervisors since the County’s incorporation in 1850 as one of the first 27 counties when California gained statehood. Today, he remains the only African American to have served on the Board in the County’s 173 years.

In recognition of his leadership, Supervisor Glover was elected by his peers as chairman of the Board in 2004, 2008, 2013 and 2017. Over the years, he has also served as chair of the Public Protection Committee, Equity Committee, Los Medanos Healthcare Operations Committee, Sustainability Committee, Northern Waterfront Ad Hoc Committee, Industrial Safety Ordinance/Community Warning System Ad Hoc Committee, and on several joint/regional committees and commissions including, but not limited to, Metropolitan Transportation Commission, Contra Costa Transportation Authority, Local Agency Formation Commission, Tri-Delta Transit Authority, Delta Diablo Sanitation District, Costa Health Plan Joint Conference Committee, and Medical Services Joint Conference Committee.

He has been a strong supporter of the urban limit line, which aims to rein in suburban sprawl and preserve open space. He has also been a champion of transportation initiatives, securing over $1 billion in funding for improvements to highways and public transit in the region.

In addition to his work on these important issues, Supervisor Glover has been a passionate advocate for youth-related services. He initiated County youth conferences which give young people a chance to air their views to community leaders and get valuable information about careers and education. He also convened our area’s first Youth Summit and Gang Task Force, both aimed at supporting youth and providing good role models so they don’t join gangs.

In April 2015, Supervisor Federal Glover had a life-altering surgical procedure performed where he received a new heart and a new kidney. In spite of this, he continued to serve on the board of supervisors throughout his period of illness and subsequent recovery.

Earlier this week, Glover endorsed Pittsburg Councilwoman Shanelle Scales-Preston to replace him. In a Dec. 6 post on her campaign Facebook page, she touted the endorsement with a quote from Glover which reads, “She’s the candidate that gets things done.” Scales-Preston also wrote “I can’t wait to follow in the path of Supervisor Federal Glover and hit the ground running to GET THINGS DONE as Supervisor. Thank you, Federal, for your support.”

Supervisor Glover’s leadership will be missed, but his legacy will live on in the many lives he touched during his time in office. His retirement from the Board will come at the end of the current term in December 2024. And during the last year of his term, he will serve as chair of the board again. We wish him all the best in his future endeavors.

To date, Scales-Preston will face Pittsburg Vice Mayor Jelani Killings and Antioch Councilman Mike Barbanica in the March primary election. Because Glover is not running again, the filing period that would have ended Friday at 5:00 p.m. has been extended five days until next Wednesday, Dec. 13.

Allen D. Payton contributed to this report.

Explore places and adventures near stations

Check-in locations include Walnut Creek BART Station

On Thursday, Dec. 7, BART launched a Digital Holiday Passport to encourage riding BART to explore the region and access holiday fun and adventures. Participants can win big prizes, including a $250 Clipper card and a 2023 Ugly Holiday Sweater and Holiday Beanie.  

BART created the Digital Holiday Passport in partnership with Vibemap, a city discovery app that uses “vibes” to connect users to places, events, and experiences. Vibemapwill join BART at SweaterFest ‘23 on Sunday, Dec. 10, 2pm to 3pm, at Rockridge Station, to promote the challenge and answer questions. Members of the public who attend SweaterFest ‘23 will also be the first to receive the brand-new BART Stamp Passports for the BART Stamp Rally.  

The Digital Holiday Passport challenge will run from Thursday, Dec. 7, 2023, to Monday, Jan. 1, 2024. Seven stations will serve as check-in locations: 

• Walnut Creek 
• Downtown Berkeley  
• Fruitvale  
• Montgomery 
• MacArthur  
• Lake Merritt  
• West Dublin/Pleasanton  

To participate, download Vibemap on the iOS App Store or the Google Play Store. After downloading, travel within 0.5 miles of one of the seven stations listed above, and you’ll receive a notification to unlock the Digital Holiday Passport. The passport is geofenced so you can’t participate unless you’re physically in the area.   

Participants will earn “Challenge Points” for every nearby activity they do – from checking-in at stations and places around BART, to adding “vibes” and tips to the app. The more points you have, the higher your chances of winning prizes, such as: 

• $250 Clipper card 
• 2023 Ugly Holiday Sweater (Size Large), Holiday Beanie 
• $50 Clipper card
• $11 Clipper cards + BART swag bag 

After the challenge concludes, Vibemap will host an IRL event for participants to meet and mingle. Date and location TBD. At the event, you can get a special holiday stamp as part of the BART Stamp Rally.  

To learn more about the Digital BART Holiday Passport visit bartable.bart.gov/vibemap.  

By Dave Mason, Public Information Supervisor, East Bay Regional Park District

Friday, December 8, 2023 (Oakland, CA) – The East Bay Regional Park District and the Regional Parks Foundation recognized U.S. Representative Mark DeSaulnier today with the 2023 Radke Championing Advocacy Award at a ceremony along the Iron Horse Trail in Walnut Creek. U.S. Representative DeSaulnier has been a long-time supporter and avid user of Park District parks and trails. In 2022, he was instrumental in securing $3 million in federal funding for the District’s planned visitor center at Thurgood Marshall Regional Park – Home of the Port Chicago 50.

“U.S. Representative Mark DeSaulnier has been a great champion and supporter of the East Bay Regional Park District,” said Park District Board President Dennis Waespi. “The 2023 Radke Championing Advocacy Award recognizes the Representative for his many years of advocacy for the Park District, including as a Concord City Council Member, Contra Costa County Supervisor, State Legislator, and now as a U.S. Representative.”

Representative DeSaulnier is the first award recipient serving in Washington, D.C.

“The Park District thanks Representative Mark DeSaulnier for his leadership in obtaining critical funds in the Federal budget for expanding access to the outdoors and providing a welcoming space for visitors to learn the important history at Thurgood Marshall Regional Park – Home of the Port Chicago 50,” said Park District General Manager Sabrina Landreth. “Representative DeSaunier has been a true partner and champion for the Park District throughout the years.”

Representative Mark DeSaulnier is known for championing policies that promote sustainability, environmental protection, and mitigate the consequential effects of climate change. He led the effort to secure a $3 million Community Benefit Project application for a future Visitor Center at Thurgood Marshall Regional Park – Home of the Port Chicago 50. The visitor center is envisioned as a joint facility with the National Park Service (NPS) to provide outdoor recreational opportunities, connect the public with the natural and human history of the park, and serve as a welcoming center for NPS to share the history of events commemorated by the Port Chicago Naval Magazine National Memorial.

“The East Bay Regional Park District provides invaluable service to our community by creating opportunities for outdoor activity that benefit our physical and mental health, protecting the environment, and hosting wildlife educational programs,” said Congressman DeSaulnier. “I am proud to have called the Park District a partner over many years in our efforts to ensure public access to parklands, preserve habitats, and share the history of our East Bay lands, and am honored to be recognized with the 2023 Radke Championing Advocacy Award.” The Radke Championing Advocacy award is named for late Park District Board Member Ted Radke, who advanced state and federal support for park funding. Former Director Radke strengthened the Park District’s ties in Sacramento and Washington, D.C. Radke served 36 years on the Park District Board of Directors and was the longest-serving Board member in its 89-year history.

The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.