For more than 40 years, Ed Winn III served as legal counsel for APRO, helping guide the rent-to-own (RTO) industry through legislative battles, regulatory threats, and periods of profound change. In Episode 15 of the RTO Legends Podcast Series, RTO Legend Ed Winn III reflects on the early days of the association, the hard-won state laws that defined the industry, and the steady legal philosophy that shaped his career. From housing APRO’s first office inside his own law practice to navigating federal scrutiny, Winn’s steady hand became part of the foundation on which modern rent-to-own stands.
As part of APRO’s 45th anniversary celebration, the RTO Legends Podcast Series honors the pioneers who built the rent-to-own industry – founders, advocates, and innovators whose conviction, collaboration, and care transformed a business model into a movement. Produced by APRO and Wow Brands in partnership with Pete Shau from The RTO Show Podcast, the series preserves the voices that defined rent-to-own and continues their legacy for future generations.
RTO Legend Ed Winn III and the Birth of Modern RTO Law
Winn’s entrance into rent-to-own began almost accidentally. After delivering a presentation on government regulation to a group of rental dealers, the conversation shifted toward forming a national trade association. Realizing they would need legal counsel to bring that idea to life, the dealers hired Winn on the spot. From that moment forward, he was immersed in the association’s creation – drafting bylaws, shaping structure, and, for the first five years, serving as its de facto Executive Director. APRO’s first office actually operated out of his own law practice.
At the time, rent-to-own lacked the legal clarity it enjoys today. The industry’s central goal was to secure recognition of rent-to-own as a distinct transaction – not a credit sale, conditional sale, or installment contract. State by state, APRO worked to pass legislation that defined rent-to-own on its own terms. The agreement was straightforward: in exchange for submitting to regulation, disclosures, licensing, and registration requirements, dealers would receive protection from lawsuits attempting to recharacterize their agreements as credit sales.
The first of those comprehensive state laws was enacted in Michigan in 1983. From there, other states followed, adopting statutes that formally defined rent-to-own as its own transaction under the law. Each statute reflected the same core framework Winn helped advance: dealers would accept regulation and disclosure requirements in exchange for certainty and protection from recharacterization. Decades later, that state-by-state approach remains intact.
Federal Efforts and Hard Lessons in Washington
While state laws became the backbone of the industry, Winn acknowledged that APRO once pursued federal recognition. The goal was to secure a national law formally distinguishing rent-to-own from traditional credit transactions. Despite significant effort and expense, those attempts ultimately fell short.
Winn recalled coming close in both 1983 and 2001, with legislation narrowly advancing through one chamber of Congress before stalling in the other. Republican lawmakers cautioned against inviting federal regulation, while Democratic opposition presented its own challenges. By 2005, after years of lobbying and considerable financial investment, the industry abandoned its federal effort.
When the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 created the Consumer Financial Protection Bureau (CFPB) in response to the financial crisis, Winn and APRO worked to ensure rent-to-own was not swept into that new federal regulatory structure. APRO successfully kept RTO out of both the law and the bureau’s oversight. In his view, the existing state-by-state system was working, and no federal statute was necessary. While states may revisit rent-to-own laws from time to time, he said he does not see any state unraveling its established framework.
Criminal Statutes, Political Realities, and Industry Debate
One of the most persistent issues Winn addressed throughout his career involved criminal theft statutes related to rental merchandise. In some states, dealers may pursue criminal charges when customers fail to return rented goods. In others, those statutes have been repealed or remain inconsistently enforced.
Winn described the issue as politically sensitive and often divisive within the industry itself. While some dealers view criminal enforcement as a necessary deterrent, others have never filed charges and would prefer not to. He cautioned that public perception matters, particularly when legislative debates arise. Early in his career, as state laws were being secured, he advised restraint, concerned that high-profile prosecutions could undermine efforts to portray rent-to-own as a legitimate and consumer-focused business model.
At the same time, he acknowledged that enforcement realities vary by jurisdiction and that political engagement often plays a role. District attorneys are elected officials, and Winn encouraged dealers to understand that local politics can influence how statutes are applied.
Growth, Virtual RTO, and Membership Realities
Over four decades, Winn has watched the industry expand beyond its traditional storefront roots. While brick-and-mortar dealers continue to anchor rent-to-own in communities across the country, he noted that much of the industry’s recent growth has come through virtual rent-to-own. That shift, he explained, has introduced different operating models, even as the foundational structure of rent-to-own remains the same.
Despite those changes, APRO’s role as a trade association continues to center on protecting and advocating for the industry. Winn compared membership to insurance: it may not directly increase profits, but it helps ensure that nothing “bad happens” to the business environment in which dealers operate. He acknowledged that not every dealer joins, yet noted that APRO represents the majority of existing rental dealers nationwide.
Stepping Away After Forty Years
Winn recently retired after four decades of legal stewardship, leaving APRO, as he put it, “in very good hands.” The daily monitoring of legislative alerts and regulatory developments is no longer part of his routine. After years of constant vigilance, stepping back was, in his words, easier than some might expect.
Reflecting on his career, RTO Legend Ed Winn III described it as a “fun ride” and said he did the best he could, showing up every day for an industry he believed in. His legacy lives on in the statutory framework that protects rent-to-own businesses across the country and in the advocacy culture that continues today.
“Listen to the full episode of The RTO Legends Series – produced by APRO and Wow Brands in partnership with Pete Shau and The RTO Show Podcast – on Spotify or watch it on YouTube.”
