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Jason Cover

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Jason’s in-depth experience advising on consumer lending matters both as in-house counsel and outside advisor provides extensive industry knowledge for his financial services clients.

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The Federal Trade Commission (FTC) has entered into a stipulated order for permanent injunction against 5967 Ventures, LLC, doing business as Humboldt Merchant Services, resolving allegations that the payment processor facilitated fraud by opening and maintaining payment processing accounts for shell companies and merchants engaged in deceptive practices. The order, filed on September 8 in the U.S. District Court for the Eastern District of Michigan, carries significant implications for the payment processing industry.

On August 26, New York State Senator Zellnor Myrie introduced Senate Bill S10688, legislation that would enact an express “opt out” from key provisions of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA), purporting to impose New York’s interest rate limitations on a broad range of consumer credit transactions. The bill was referred to the Senate Committee on Rules the same day. This proposed legislation marks the latest development in a continuing trend of state efforts to regulate state-chartered banks and fintech partnerships and impose restrictions on bank-model lending.

In this crossover episode of The Consumer Finance Podcast and Moving the Metal, Jason Cover is joined by colleagues Brooke Conkle and Chris Capurso from Troutman Pepper Locke’s Consumer Financial Services practice to tackle a topic that has been notably absent from the point-of-sale finance series until now — auto finance. As the largest point-of-sale purchase most consumers will ever make, auto finance comes with a distinct set of structural, regulatory, and litigation risks that set it apart from other point-of-sale products like home improvement or medical financing. The conversation begins with the structural mechanics of retail installment sales contracts, explaining why auto finance is dominated by dealer-originated paper assigned to finance companies rather than direct lending, and what that means for compliance and liability. Chris walks through the complexities of vehicle titling and lien perfection across a 50-state patchwork of DMV laws — including the added wrinkles that arise in the refinance context — while Brooke unpacks the litigation risks that follow when those processes go wrong, from repossession claims and bankruptcy lien avoidance to class actions rooted in the FTC Holder Rule. The episode also covers evergreen underwriting and origination risks including ECOA adverse action obligations, yo-yo financing claims, and add-on product exposure, as well as the FTC’s recent price advertising guidance and how state attorneys general are stepping into the enforcement void left by federal regulators. The episode closes with practical advice for point-of-sale finance companies considering entering the auto space.

New York City is moving aggressively into consumer protection territory that federal regulators have largely stepped back from. In January 2026, Mayor Zohran Mamdani signed two executive orders directing the Department of Consumer and Worker Protection (DCWP) to crack down on hidden fees and subscription tricks and traps. DCWP has now followed through, finalizing a first-of-its-kind municipal click-to-cancel rule (previously discussed here and here) and publishing a proposed citywide “junk fee” ban.

On June 16, Vermont Governor Phil Scott signed H.648, a wide‑ranging financial services bill that, among other changes, brings sales‑based financing and certain factoring arrangements squarely within the state’s regulated financial services framework. The sales‑based financing provisions were added late in the process, borrowing heavily from the most controversial elements of Texas’s 2025 HB 700 (discussed here) and other state commercial financing disclosure laws, and layering Vermont‑specific requirements on top of existing licensed lender rules. The commercial financing portions of the law are to take effect July 1, 2027.

On June 15, three major financial services trade associations filed suit in federal court to block Oregon’s HB 4116 from applying its 36% interest rate cap to consumer finance loans made by out-of-state, state-chartered banks. The lawsuit follows a similar challenge to Colorado’s opt-out, which remains pending before the Tenth Circuit on rehearing en banc.

In this episode of The Consumer Finance Podcast, Chris Willis sits down with Jason Cover and Colin Wilson to discuss the evolving world of auto-renewal and subscription compliance, including the FTC’s click-to-cancel rule, its Eighth Circuit setback, and the states racing to fill the gap. They also spotlight a first-of-its-kind municipal rule proposed by New York City and explain why, even in a deregulatory environment, UDAP authority and ROSCA mean the compliance pressure hasn’t gone anywhere. If your business involves subscriptions, recurring billing, or point-of-sale financing, this is a conversation you can’t afford to miss.

On June 2, Louisiana Governor Jeff Landry signed SB 254 into law as Act 751, prohibiting retail businesses from imposing surcharges on customers who pay with a debit card. The law takes effect August 1, 2026.

Yesterday, President Trump signed an Executive Order titled “Integrating Financial Technology Innovation into Regulatory Frameworks.” The Order directs federal financial regulators to review and streamline regulations, guidance, supervisory practices, and application processes that may impede financial technology (fintech) innovation and competition, and it asks the Federal Reserve to evaluate potential direct access to Reserve Bank accounts and services for uninsured depository institutions and certain non‑bank financial firms, including digital asset companies. The Order is the latest in a series of administration actions aimed at positioning the U.S. as a global leader in digital assets and financial technology.

On April 28, Governor Wes Moore (D) signed Senate Bill 94 into law, significantly revising Maryland’s earned wage access (EWA) framework and tightening restrictions on tipping practices in both EWA programs and certain consumer loans. The new law amends multiple provisions of the Commercial Law Article and adds new sections governing advertising, anti‑discrimination, and regulatory safe harbors.