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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 December 17, the Federal Trade Commission (FTC) announced the release of its final Rule on Unfair or Deceptive Fees, also known as the “Junk Fee Rule”, which aims to address so-called bait-and-switch pricing tactics and other deceptive practices in the live-event ticketing and short-term lodging industries. This rule, codified at 16 CFR Part 464, specifically targets practices that purportedly hide the total price of an item or service and misrepresent fees and will go into effect 120 days after publication in the Federal Register.

In this episode, Brooke Conkle and Chris Capurso, attorneys in the firm’s Consumer Financial Services Practice Group, are joined by Kim Phan, a partner in the firm’s Privacy and Cyber Practice Group. They delve into the latest trends in privacy and their significant impact on the auto finance industry. The discussion covers the evolving landscape of data security, the implications of connected cars and the Internet of Things, and the challenges and opportunities presented by AI. Kim also shares insights on how recent legislative changes and the new administration may shape the future of privacy regulations. Tune in for a comprehensive analysis of these critical issues and their potential ramifications for the auto finance sector.

In this episode, Brooke Conkle and Chris Capurso, attorneys in the firm’s Consumer Financial Services practice, are joined by Partner Ethan Ostroff to discuss the recent Supreme Court of California decision in Rodriguez vs. FCA US. They explore recent cases from the court that impact auto finance, this case’s background, the court’s reasoning, and the significant impact this ruling may have on manufacturers, dealers, and auto finance companies. The discussion also touches on the broader implications for consumer protection laws in California and the potential shift in legal strategies for both plaintiffs and defendants in the auto finance industry.

Late last year, we discussed the Federal Communications Commission’s (FCC) new rule aimed at closing the “lead generator” loophole by requiring telemarketers to obtain one-to-one consent from consumers for robocalls and robotexts. This rule mandates that consent must be provided for each individual seller or brand, rather than allowing a single consent to apply to multiple telemarketers. The rule also includes requirements for clear and conspicuous disclosures and ensures that robocalls and robotexts are logically and topically related to the interaction that prompted the consent. The new rule also permits blocking “red flagged” robotexting numbers, codifies do-not-call rules for texting, and encourages an opt-in approach for delivering email-to-text messages.

In this special joint episode of The Consumer Finance Podcast and Moving the Metal, Chris Willis teams up with Brooke Conkle and Chris Capurso, hosts of the Moving the Metal podcast, to discuss the CFPB’s recent supervisory highlights on auto-finance and auto-servicing. Joined by Stefanie Jackman, a partner experienced in auto-finance servicing and collections, the team delves into the CFPB’s findings on issues ranging from repossessions and servicing practices to optional products and credit reporting. They explore the implications of these findings and provide insights into the regulatory landscape, emphasizing the importance of compliance and timely remediation. Tune in for an in-depth analysis of the CFPB’s focus areas and what they mean for the auto-finance industry.

As discussed here, on February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). These amendments were purportedly aimed at strengthening consumers’ ability to revoke consent to robocalls and robotexts. Last month, the FCC announced that the new rules go into effect on April 11, 2025.

In this special joint episode of The Consumer Finance Podcast and Moving the Metal, Chris Willis teams up with Brooke Conkle and Chris Capurso, hosts of the Moving the Metal podcast, to discuss the CFPB’s recent supervisory highlights on auto-finance and auto-servicing. Joined by Stefanie Jackman, a partner experienced in auto-finance servicing and collections, the team delves into the CFPB’s findings on issues ranging from repossessions and servicing practices to optional products and credit reporting. They explore the implications of these findings and provide insights into the regulatory landscape, emphasizing the importance of compliance and timely remediation. Tune in for an in-depth analysis of the CFPB’s focus areas and what they mean for the auto-finance industry.

In this episode of Moving the Metal, Chris and Brooke break down recent amendments to the New Hampshire Retail Installment Sales Act. On August 2, New Hampshire Governor Chris Sununu signed HB 1243 into law, bringing significant, retroactive revisions to Chapter 361(a) of the New Hampshire Code. Tune in to understand how these legislative updates from one of the smallest states in the union could challenge your business operations and consumer interactions in the Granite State.

In this podcast episode, Brooke Conkle and Chris Capurso are joined by esteemed senior practitioner Alan Wingfield to discuss the National Automobile Dealer Association’s (NADA) challenge to the Federal Trade Commission’s (FTC) CARS Rule. The conversation centers around the recent oral arguments held by the Fifth Circuit on October 9, involving both the NADA and the Texas Automobile Dealers Association (TADA). The discussion aims to provide insights into the origins and implications of the CARS Rule, as well as the legal arguments presented by the dealer associations in their challenge and the FTC in defense.