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Brooke Conkle

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Brooke Conkle offers consumer-facing companies compliance counseling and litigation services to help them address federal and state consumer protection laws. Recognizing the challenges facing financial services companies, she provides in-depth analysis of complex issues related to consumer protection and compliance.

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In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso are joined by Troutman colleagues Chris Carlson and Nam Kang from the firm’s RISE Practice Group to unpack what “Trump 2.0” really means for dealers and auto finance companies. With the Consumer Financial Protection Bureau (CFPB) and other federal regulators pulling back, the group explains how state attorneys general (AGs) and state financial regulators are rapidly filling the void — often led by former CFPB staff now embedded in state offices — and why that creates a complex patchwork of unfair or deceptive acts or practices standards and enforcement approaches across 50 states. They discuss hot-button themes like affordability, junk fees, mini-CFPBs, and the growing role of state working groups, as well as how state AGs are leveraging prior CFPB theories, the California CARS rule, and copy‑and‑paste complaints.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso launch a new AI-focused segment, examining how artificial intelligence is changing auto finance through smarter chatbots and targeted advertising, digital loan applications and algorithmic decisioning, and enhanced fraud detection tools. They highlight the legal risks that come with these innovations — including unfair or deceptive acts or practices (UDAP), fair lending, bias, explainability, false positives, and increased compliance risk — and stress the importance of strong human oversight, governance, and complaint management as dealers and auto finance companies accelerate their adoption of AI in 2026.

On January 6, the Federal Communication Commission’s (FCC) Consumer and Governmental Affairs Bureau issued an order further extending the effective date of the Telephone Consumer Protection Act (TCPA) “revoke-all” requirement in 47 C.F.R. § 64.1200(a)(10) to January 31, 2027. That provision would require callers to treat a revocation of consent made in response to one type of informational call or text message as applying to all future calls and text messages from that caller on unrelated matters. The Bureau found good cause to continue the waiver while the FCC reviews comments filed in response to its 2025 Further Notice of Proposed Rulemaking, which specifically asks whether the revoke-all rule should be modified or replaced to give consumers more tailored control over unwanted calls. The FCC also noted that requiring companies to implement costly, enterprise-wide changes now could result in unnecessary compliance expenditures if the rule is later revised.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso lay out a practical set of 2026 resolutions for dealers and auto finance companies. Chris breaks down why state law compliance should be at the top of your list, from California’s CARS rule and junk fee laws to new disclosure and renewal requirements cropping up across the country. Brooke then shifts to the federal landscape, focusing on the Fed’s recent rate cuts, what a lower-rate environment could mean for auto loan refinancing, and the compliance risks that come with more paperwork. The discussion also tackles the real-world impact of AI — how consumers are using it in disputes and litigation, and how companies must carefully govern their own AI tools, including chatbots. Finally, they underscore the importance of a robust consumer complaint process as an early-warning system and a powerful tool to prevent small issues from turning into lawsuits.

On today’s episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso discuss TransUnion’s study on fraud-related charge-off losses in auto lending, exploring how bad actors enter the car-buying journey through tactics such as application phishing, synthetic identities, trade-in data exposure, and “digital warming.” They examine why auto fraud can have outsized impacts compared to other products, the surprising concentration of losses among higher credit tiers, and the risks posed by credit washing, which can inflate perceived creditworthiness and distort underwriting decisions. The episode closes with a festive holiday movie countdown and a friendly nod to the eternal “Is Die Hard a Christmas movie?” debate.

In this crossover episode of The Consumer Finance Podcast and Payments Pros, Jason Cover sits down with Brooke Conkle and Caleb Rosenberg to demystify the Federal Trade Commission’s Holder Rule and its day‑to‑day impact on point‑of‑sale (POS) finance programs. They explain why creditors and assignees inherit customers’ claims and defenses against merchants, what transactions are in scope and out of scope, how liability is generally capped at amounts paid (and why attorneys’ fees remain a live issue), and how merchant/vendor/dealer agreements can shift risk back to sellers. The conversation turns practical with a compliance toolkit: robust upfront diligence, continuous monitoring of merchant and consumer complaints (including requiring merchants to forward complaints), and a risk‑based response that separates meritless claims from those requiring redress. The panel also highlights enforcement and litigation trends and why, at 50 years old, the Holder Rule remains bedrock law that POS lenders cannot ignore, even as strong contracts and oversight materially mitigate exposure.

Effective September 1, 2025, SB 140 significantly expanded Texas’ telephone solicitation statute. SB 140 expressly covers text messages and similar electronic communications and introduced a direct private right of action under the Texas Deceptive Trade Practices Act (DTPA), with exposure to treble damages, mental‑anguish damages, and attorney’s fees. Recently, a case in the Western District of Texas brought by Ecommerce Marketers Alliance (d/b/a Ecommerce Innovation Alliance), Flux Footwear, and Stodge (d/b/a Postscript) against the State of Texas ended with a joint motion to dismiss after the Texas Attorney General clarified that companies who engage in consent‑based text message programs are not subject to the state’s registration and disclosure requirements. Still, SB 140’s new DTPA cause of action increases the cost of missteps and companies should document affirmative consent.

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso break down recent state-law developments affecting auto dealers and finance companies in California and Massachusetts. The discussion covers California’s recent arbitration laws, including restrictions on venue, choice of law, and the scope of arbitration agreements, as well as open questions about federal preemption. Brooke and Chris also review Massachusetts’ newly enacted junk fee regulations, highlighting requirements for price and fee transparency, trial offer disclosures, and cancellation mechanisms. They explain how these changes impact compliance, dealer oversight, and litigation risk — especially for businesses operating across multiple states. Tune in for a practical look at how evolving state laws are shaping the auto finance landscape.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso dive into the latest Experian auto finance quarterly report to explore the latest trends in auto finance for the second quarter of 2025. They discuss key findings, including the rise in new and used vehicle financing, shifts in market share among banks, captives, and credit unions, and the surprising increase in loan amounts and monthly payments. The conversation also covers the growing trend of refinancing and its implications for the auto finance industry. Tune in to understand how these trends impact dealers and finance companies, and what they mean for the future of auto finance.

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso delve into recent legislative changes affecting the auto finance industry in Connecticut and Oregon. They discuss Connecticut’s Senate Bill 1357, which introduces updates on automatic renewal provisions, dealer advertising requirements, and express warranties. The conversation highlights the compliance challenges these changes pose for dealers and finance companies. The hosts also explore Oregon’s House Bill 3178, focusing on new disclosure requirements, the reduced timeline for finalizing financing, and the right to void contracts. This episode provides a comprehensive analysis of how these state laws impact operations and potential litigation risks for industry professionals.