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Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues
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On July 30, 2026, the Department of Justice (DOJ) announced that a “lease here, pay here” dealership operating across Mississippi, Alabama, and Georgia agreed to pay over $137,000 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA). The case is a useful reminder of what the SCRA actually requires from auto dealers and finance companies in leasing and repossessions, and what can go wrong when those obligations are not met.
In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso break down a recent New York City Department of Consumer and Worker Protection (DCWP) enforcement action against a Bronx dealership, covering the violations that led to nearly $130,000 in civil penalties and consumer restitution, the compliance and litigation takeaways for dealers and lenders, and what the appointment of a former FTC Bureau of Consumer Protection director to lead the DCWP signals for the future of city and state-level auto finance enforcement.
In this mid-year roundup episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso recap the biggest developments shaping the auto finance industry in the first half of 2026, including the FTC’s widely unexpected “Notorious 97” warning letters to nearly 100 dealers, a wave of state-level UDAP enforcement actions, Senator Elizabeth Warren’s data requests targeting repossession and service member lending practices, Kentucky’s new legislative framework for GAP and vehicle financial protection products, a significant New Jersey dealer enforcement action under the state’s Consumer Fraud Act, and the growing compliance risks around fraud detection and AI use in the sales and financing process — wrapping up with a look ahead at what the second half of the year may bring.
In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso break down two significant state-level regulatory responses to the Federal Trade Commission’s (FTC) March 2026 wave of 97 warning letters targeting auto dealers — examining how Louisiana’s Motor Vehicle Commission is formally updating its advertising regulations to align with FTC guidance on total price transparency, and how the Massachusetts Attorney General’s Office issued a sweeping advisory putting dealers on notice that hidden documentation fees violate state law, with potential double exposure under both motor vehicle dealer regulations and the Massachusetts UDAP statute.
Louisiana and Massachusetts have each recently issued guidance addressing motor vehicle dealer advertising practices, particularly around the disclosure of fees in advertised vehicle prices. Both actions follow the Federal Trade Commission’s March 13, 2026 “Notorious 97” warning letters to auto dealership groups nationwide (discussed here) and reflect ongoing efforts at the state and federal level to ensure that advertised prices accurately reflect the total cost consumers will be required to pay.
In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso break down a New Jersey enforcement action against a dealer group that began with a 2018 consent order and escalated into a 2023 complaint packed with Consumer Fraud Act allegations — from gray market disclosures and duplicative add-ons to odometer violations and improper warranty sales. The trial court initially imposed over $10 million in penalties before two rounds of reconsideration brought the final figure down to $155,000, offering a striking look at how courts balance deterrence, proportionality, and ability to pay. Tune in for a practical breakdown of what this case means for dealers navigating compliance in an era where state enforcement is quickly becoming the front line.
Last month, the New York City Department of Consumer and Worker Protection (DCWP) announced a significant enforcement action against 2541 E Tremont Ave Auto, LLC, which operated as “Honda of the Bronx.” DCWP alleged that the Bronx-based used auto dealer engaged in a pattern of deceptive practices, including bait‑and‑switch pricing, hidden financing costs, and “cancellation traps,” in violation of New York City’s consumer protection laws. The dealership admitted wrongdoing and agreed to pay a total of $129,999, consisting of $61,499 in civil penalties and $68,500 in restitution to affected consumers.
In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by partner Brian Casey to unpack Kentucky SB 158, a new law creating a comprehensive framework for vehicle financial protection products, including GAP waivers, excess wear and tear waivers, and vehicle value protection agreements. They explain how SB 158 designates these products as “not insurance,” imposes clear optionality and disclosure requirements, mandates a 30-day free look period, and addresses how benefits and refunds work — particularly in repossession scenarios. They also discuss what dealers, lenders, and administrators should do now to update forms, contracts, and processes, and how Kentucky’s approach may become a model for other states considering regulation of auto add-on products.
In a recent decision from the Eastern District of Virginia, the court dismissed Fair Credit Reporting Act (FCRA) claims brought by a consumer who never received the vehicle he attempted to purchase with an auto loan. Despite acknowledging the underlying fraud in the transaction, the court held that the dispute over whether the consumer still…
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