According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA), as well as complaints filed with the Consumer Financial Protection Bureau (CFPB) were all up compared to January 2025. Compared to December 2025, however, the results are mixed.
To keep you informed of recent activities, below are several of the most significant federal events that have influenced the Consumer Financial Services industry over the past week.
2025 was another consequential year in the consumer finance industry. On the federal level, President Donald Trump started his second term in January 2025 and since then has led an unprecedented rollback of federal agency oversight, impacting everything from the Consumer Financial Protection Bureau to the Federal Trade Commission. State legislatures, regulators, and attorneys general moved quickly to fill the resulting void.
In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or pre-recorded voice messages. Instead, the court concluded that the TCPA requires only “prior express consent,” which may be provided orally or in writing.
On February 23, the New York Department of Financial Services (DFS) issued a proposed new Part 423 to Title 3 of the NYCRR to implement New York Banking Law Article 14‑B for Buy-Now-Pay-Later (BNPL) lenders. The proposal would move BNPL firmly into New York’s credit system, imposing licensing, supervision, disclosure, data privacy, and underwriting requirements on both interest‑free and interest‑bearing BNPL products offered to New York consumers. If adopted, the rule would take effect 180 days after the notice of adoption is published in the State Register, with a short transitional period for existing BNPL providers. DFS is accepting pre-proposal comments through March 5, 2026, after which the proposed rule will be published in the New York state register for a formal 60-day comment period.
Colorado lawmakers are considering legislation that would significantly expand consumer protections around motor vehicle finance and sales. House Bill 26‑1261, introduced on February 19, 2026 and currently pending before the House Business Affairs & Labor Committee, would overhaul repossession timelines for certain “qualified motor vehicles,” restrict use of vehicle-disabling technology, and create a three‑business‑day right to return certain vehicles purchased from dealers.
In a recent decision, the U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of Freedom Mortgage Corporation, rejecting Fair Credit Reporting Act (FCRA) claims brought by borrowers who insisted they had made their mortgage payments on time. The court held that the servicer accurately reported a 30‑day late payment and conducted a reasonable investigation in response to the borrowers’ disputes forwarded to it by the consumer reporting agencies (CRAs). The opinion reinforces two important principles: first, a payment can be accurately reported as late when it is not properly identifiable or conforming to the servicer’s payment instructions, and second, a furnisher’s investigative obligations are defined and limited by the information it receives from the CRAs.
In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by New York-based colleagues Bill Foley and Joe DeFazio to unpack the newly enacted New York FAIR Act (Fostering Affordability and Integrity through Reasonable Business Practices Act). They explain how the law fundamentally expands New York’s unfair, deceptive, or abusive acts or practices regime (from “deceptive” to now “unfair” and “abusive” practices) broadens coverage to small businesses and nonprofits, and gives the attorney general extraterritorial enforcement tools. The discussion focuses on how auto dealers and finance companies are already being singled out by New York officials, the litigation and enforcement risks this creates, and practical compliance steps — especially around add-on products, sales practices, underwriting, and emerging technologies such as AI.
To keep you informed of recent activities, below are several of the most significant federal events that have influenced the Consumer Financial Services industry over the past week.
On February 18, the U.S. Department of the Treasury announced the conclusion of a major public‑private initiative, launched under President Donald
On January 27, the Government Accountability Office (GAO) released a report, Consumer Financial Protection Bureau: Status of Reorganization Efforts (GAO‑26‑108448), that offers a detailed snapshot of the Consumer Financial Protection Bureau’s (CFPB or Bureau) ongoing downsizing and restructuring. This is the first of two GAO reports that focus on the CFPB’s reorganization and its ability to fulfill its statutory functions going forward.