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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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On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative Option Rule aka the “click-to cancel” rule, citing procedural deficiencies in the rulemaking process. Specifically, the panel found that the FTC failed to conduct a required preliminary regulatory analysis, which deprived stakeholders of the opportunity to comment on alternatives and engage with the FTC’s cost-benefit analysis.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by colleagues Kim Phan and Aileen Ng for a deep dive into the Federal Trade Commission’s (FTC) Safeguards Rule under the Gramm-Leach-Bliley Act, focusing on its impact on the auto-finance industry. The discussion covers the recent FAQs published by the FTC to aid auto dealers in compliance, the evolving cybersecurity requirements, and the contrasting regulatory approaches between the Trump and Biden administrations. The episode explores how auto dealers fit into the Safeguards Rule, the implications of their relationships with original equipment manufacturers and service providers, and the notification requirements in the event of a data breach. Additionally, the conversation addresses various financing scenarios and how they trigger the Safeguards Rule. Tune in for a comprehensive understanding of these regulations and practical insights for auto dealers navigating these complex legal landscapes.

Yesterday, Federal Communications Commissioner Olivia Trusty announced the appointment of several members to her team stating, “I am pleased to announce the talented individuals who will be joining my team. Each brings a wealth of experience, deep commitment to public service, and a shared passion for advancing the Commission’s mission. I look forward to working alongside them as we serve the American people.”

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso delve into the intricacies of “doc” fees in vehicle transactions, focusing on recent legislative developments in California and Louisiana. They explore how these changes could affect dealers’ ability to charge doc fees and discuss potential caps on these fees. The conversation highlights the dual challenges of ensuring compliance with varying state regulations and addressing litigation risks associated with fee disclosures. Brooke and Chris also examine the broader implications of these legislative shifts, including the balance between consumer transparency and business cost recovery. This episode provides a comprehensive overview of the evolving landscape of doc fees, offering insights into the complexities faced by dealers and finance companies in the auto finance industry.

In this special crossover episode between Moving the Metal and The Consumer Finance Podcast, Brooke Conkle, Chris Capurso, and Chris Willis analyze the first 100 days of the second Trump administration, focusing on its impact on the auto-finance industry. They discuss the anticipated enforcement slowdown by the Consumer Financial Protection Bureau (CFPB), unexpected halts in supervisory activities, and leadership changes at the Federal Trade Commission and CFPB. The conversation highlights the administration’s focus on consumer fees, the evolving role of state regulators, and shifts in discrimination theories impacting compliance practices. This episode provides insights into strategic regulatory changes and offers guidance for navigating the complexities of the auto-finance sector in 2025.

In response to the Federal Communications Commission’s (FCC) request for input on unnecessary compliance burdens, the debt collection industry, led by ACA International, is advocating for significant reforms to the Telephone Consumer Protection Act (TCPA). Their primary focus is on eliminating rules that impose undue compliance burdens and conflict with existing debt collection regulations. Key proposals include the revocation of the “Revoke All” rule, restoration of the Established Business Relationship (EBR) exemption, and harmonization of TCPA rules with the Fair Debt Collection Practices Act (FDCPA).

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question presented (and left unanswered by the majority) in Laboratory Corporation of America Holdings (Labcorp) v. Davis was whether a federal court may certify a damages class that includes both injured and uninjured class members. The dismissal has sparked considerable debate, particularly highlighted by Justice Kavanaugh’s dissent, which provides a compelling argument against the court’s dismissal.

In this special crossover episode between Moving the Metal and The Consumer Finance Podcast, Brooke Conkle, Chris Capurso, and Chris Willis analyze the first 100 days of the second Trump administration, focusing on its impact on the auto-finance industry. They discuss the anticipated enforcement slowdown by the Consumer Financial Protection Bureau (CFPB), unexpected halts in supervisory activities, and leadership changes at the Federal Trade Commission and CFPB. The conversation highlights the administration’s focus on consumer fees, the evolving role of state regulators, and shifts in discrimination theories impacting compliance practices. This episode provides insights into strategic regulatory changes and offers guidance for navigating the complexities of the auto-finance sector in 2025.

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank, No. 23-721 (2d Cir. May 28, 2025), the Second Circuit emphasized that the FCRA requires furnishers to conduct reasonable, not perfect, investigations into disputed accounts. The opinion also cements the fact that summary judgment is possible — and appropriate — when a furnisher conducts a reasonable investigation of a credit dispute.

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso explore the Consumer Financial Protection Bureau’s (CFPB) recent memo detailing its supervision and enforcement priorities for 2025. They discuss the implications for the auto finance industry, focusing on the CFPB’s expected – and unexpected – shifts for the year, including the Fair Credit Reporting Act and data furnishing issues, and the ongoing scrutiny of fees. Brooke and Chris analyze the impact of federalism on regulatory practices, highlighting the CFPB’s approach to state authority and joint examinations. They also examine the shift toward consumer remediation over penalties. Tune in to understand how these priorities might affect your business operations and compliance strategies in the coming years.