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Consumer Financial Services Law Monitor

Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues

Topics

ALL CFS Blog Entries

SEC – CFTC Harmonization Event Rescheduled to Jan. 29Insights from the CFPB's Latest Report on Credit Invisibility

All Entries

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 27, 2026Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 21, 2026

Arbitration

Earned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel ArbitrationNinth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

Auto Finance

State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 EraFrom Showroom to Server Room: AI in Auto Finance

Background Screening

FTC and Arizona AG Reach $2.6 Million Settlement with Motor Vehicle Dealer Over Alleged Deceptive and Discriminatory Sales and Financing PracticesCFPB Proposed Rule Banning Reporting of Medical Debt

Banking

NCUA Issues Updated AI Resource HubThe Trump Administration's Debanking Initiative: Risk Mitigation, Regulatory Deadlines, and Sanctions for Noncompliance

Bankruptcy

GENIUS Act: A Game-Changer for Crypto Bankruptcy PrioritiesCFPB Backs Chapter 7 Conversion in Synapse Financial Technologies Bankruptcy

Better Business Bureau (BBB)

Join Us on August 10 for a Webinar on A Review of the New York Cybersecurity FrameworkBetter Business Bureau Data Show Sharp Decline in Debt Collection Complaints

Class Actions

Illinois Supreme Court Redefines Concrete Injury Requirement in No-Injury CasesFourth Circuit Finds Public Disclosure Required for Standing in Data Breach Case

Consumer Financial Protection Bureau (CFPB)

State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 EraCFPB and DOJ Formally Withdraw 2023 Immigration-Status Fair Lending Guidance

Consumer Financial Services

Ninth Circuit Holds that Texts Are "Calls" Under the TCPA But Embedded Videos Are Not Recorded MessagesNew York Expands Consumer Protection Law Giving the AG Broader Powers

COVID-19

New York Federal Court Finds Failure to Review Account Notes When Investigating a Dispute Could Be Considered Reckless Under the FCRANinth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA or FCRA

Credit Reporting + Data Brokers

California DFPI Considers New Consumer Reporting RegistrationCFPB Revokes 2022 Interpretive Rule on FCRA Preemption Scope

Cryptocurrency + FinTech

SEC – CFTC Harmonization Event Rescheduled to Jan. 29NCUA Moves GENIUS Act Rulemaking to OMB, Kicking Off Implementation Process

Dear Mary (Advice Column)

When to Notify Your Cyber Carrier of a Security IncidentSEC Cybersecurity Incidents Disclosures: Materiality, Decryptors, and Ransom Payments

Debit + Prepaid Cards

CFPB Releases Semiannual Regulatory Agenda Amid House Financial Services Committee Leaders' Calls to Halt RulemakingCFPB Finalizes Rule on Overdraft Fees for Large Financial Institutions

Debt Buyers + Collectors

New York Enacts Coerced Debt Law Protecting Survivors of Economic AbuseNinth Circuit Holds that Bona Fide Error Defense Applies to Claim for Violation of FDCPA

Depository Institutions

Senate Banking Committee Releases Draft Digital Asset Market Structure Bill and Request for InformationIn Response to President Trump's Executive Order, the OCC Removes Disparate Impact References from Fair Lending Examination Manual

Events + Webinars

Join Us at the OLA Legal Issues Conference for a Panel on Federal Enforcement in 2023Join Us September 24, 2022, for the 16th Annual National Conference of Vietnamese American Attorneys

Fair Lending

HUD Proposes to Rescind Fair Housing Act Disparate Impact RegulationsCFPB and DOJ Formally Withdraw 2023 Immigration-Status Fair Lending Guidance

FCRA

Resellers in the Middle: Duties, Data, and Defenses Under the FCRANovember 2025 Consumer Litigation Filings: Everything Down

FCRA Focus

Resellers in the Middle: Duties, Data, and Defenses Under the FCRAInside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association

FDCPA

November 2025 Consumer Litigation Filings: Everything DownOctober 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024

Featured Posts

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 27, 2026Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 21, 2026

Federal Trade Commission (FTC)

Point-of-Sale Finance Series: The Holder Rule at 50California's CARS Act Signed into Law

Health Care

Point-of-Sale Finance Series: Health Care Financing Compliance, Regulatory, and Privacy PitfallsPoint-of-Sale Finance Series: Health Care Financing Compliance, Regulatory, and Privacy Pitfalls

Investors

SEC Dismisses Ripple Labs Executives After Losing Bid for Interlocutory AppealSecurities Industry Arbitrations and Litigation Update: FINRA Reaffirms Its Commitment to Enforcement Actions In Connection with the Protection Of Elderly Investor Customers

Military Lending

Navigating the Servicemembers Civil Relief Act: Protections and Litigation TrendsEarned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel Arbitration

Mortgage Lending, Servicing + Banking

HUD Proposes to Rescind Fair Housing Act Disparate Impact RegulationsNew York Extends CRA Obligations to Nonbank Mortgage Lenders

Moving the Metal

State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 EraFrom Showroom to Server Room: AI in Auto Finance

Online Lending

Kansas Governor Enacts Significant Changes to Kansas Mortgage Business Act and Uniform Consumer Credit CodeCFPB Files Lawsuit Against SoLo Funds for Alleged Deceptive Lending Practices

Payment Processing + Cards

Payments Year in Review 2025: Federal and State Developments – Part 1Point-of-Sale Finance Series: Understanding the Development and Regulation of Buy Now, Pay Later Products

Payments Pros

Payments Year in Review 2025: Federal and State Developments – Part 1Point-of-Sale Finance Series: Health Care Financing Compliance, Regulatory, and Privacy Pitfalls

Podcasts

Payments Year in Review 2025: Federal and State Developments – Part 1State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 Era

Privacy + Cyber

Point-of-Sale Finance Series: Health Care Financing Compliance, Regulatory, and Privacy PitfallsNavigate the Money Matrix in Our Upcoming Series: Privacy, Security, and AI Explained

Regulatory Enforcement + Compliance

SEC – CFTC Harmonization Event Rescheduled to Jan. 29California DFPI Considers New Consumer Reporting Registration

Sales Finance

Navigating California's New Legislation on Fixed Term Installment ContractsSales-Based Financing Trade Group Files Suit Challenging CFPB's Section 1071 Rule

Small Business Finance

CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding ConstraintsSection 1071 Redo: CFPB Proposes to Narrow Coverage, Data, and Timing

Small Dollar Lending

Wisconsin Lawmakers Propose “True Lender” Test and 36% APR Cap for Consumer LoansWhat the CFPB’s New Buy Now, Pay Later Market Report Shows

State Attorneys General

State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 EraCalifornia DFPI Considers New Consumer Reporting Registration

State Attorneys General, CFPB + FTC

State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 EraCalifornia DFPI Considers New Consumer Reporting Registration

Student Lending

Illinois Amends Student Loan Servicing Rights Act to Include Educational Income Share AgreementsU.S. Department of Education to Resume Federal Student Loan Collections

TCPA

Ninth Circuit Holds that Texts Are "Calls" Under the TCPA But Embedded Videos Are Not Recorded MessagesFCC Further Extends Effective Date for TCPA "Revoke-All" Rule

The Consumer Finance Podcast

Illinois Supreme Court Tightens Standing for No‑Injury Consumer ClaimsPoint-of-Sale Finance Series: Health Care Financing Compliance, Regulatory, and Privacy Pitfalls

The Crypto Exchange

NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital FrontierThe Future of Bank-Fintech Collaborations in Digital Finance

Tribal Lending Litigation

Troutman Pepper Publishes 2023 Consumer Financial Services Year in Review and A Look AheadSeventh Circuit Affirms Dismissal, Finding Entity Entitled to Arm of the Tribe Sovereign Immunity & Adopting Breakthrough Factor Analysis

Unauthorized Access

The Team Continues to Grow: A Conversation With Our Newest Colleague, Kaitlin ClemensCaregivers in Cybersecurity

 

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Troutman Pepper Locke helps clients solve complex legal challenges and achieve their business goals in an ever-changing global economy. With more than 1,600 attorneys in 30+ offices, the firm serves clients in all major industry sectors, with particular depth in energy, financial services, health care and life sciences, insurance and reinsurance, private equity, and real estate. Learn more at troutman.com.

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