Moving the Metal

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In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso break down two major developments turning up regulatory pressure on the auto finance industry. They unpack the FTC’s “WARNING LETTER” campaign targeting nearly 100 dealers, focused on UDAAP risks in pricing and advertising, including hidden fees, conditional pricing, mandatory add-ons, and unavailable vehicles. They also examine Senator Elizabeth Warren’s sweeping, short-fuse request for granular data comparing servicemember and civilian auto finance outcomes, signaling heightened bipartisan scrutiny of military borrowers. Tune in to hear what these letters really mean, what regulators are looking for, and how auto finance companies and dealers should be preparing now.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso kick off a two-part Auto Finance Year in Review by unpacking the Fifth Circuit’s vacatur of the FTC CARS Rule, the decision by the Trump 2.0 administration not to appeal, and how states — led by California’s CARS Act and Oregon’s new auto finance law — are quickly filling the gap with their own disclosure, add-on, cancellation, and recordkeeping requirements, creating a growing state-by-state patchwork that challenges truly uniform national compliance programs for dealers, finance companies, and servicers.

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.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso unpack Senator Elizabeth Warren’s February 5 data request to major auto finance companies, buy-here-pay-here dealers, and key industry trade groups about auto repossessions. They walk through the main categories of information sought — repossession activity and errors, consumer complaints and disputes, policies and training, vendor contracts, and handling of personal property — and discuss the tight 11-day response deadline and lack of a clear statutory hook for the request. Brooke and Chris also consider what this move may signal about future regulatory and enforcement activity in the auto finance space.

In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso are joined by Troutman colleagues Chris Carlson and Nam Kang from the firm’s RISE Practice Group to unpack what “Trump 2.0” really means for dealers and auto finance companies. With the Consumer Financial Protection Bureau (CFPB) and other federal regulators pulling back, the group explains how state attorneys general (AGs) and state financial regulators are rapidly filling the void — often led by former CFPB staff now embedded in state offices — and why that creates a complex patchwork of unfair or deceptive acts or practices standards and enforcement approaches across 50 states. They discuss hot-button themes like affordability, junk fees, mini-CFPBs, and the growing role of state working groups, as well as how state AGs are leveraging prior CFPB theories, the California CARS rule, and copy‑and‑paste complaints.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso launch a new AI-focused segment, examining how artificial intelligence is changing auto finance through smarter chatbots and targeted advertising, digital loan applications and algorithmic decisioning, and enhanced fraud detection tools. They highlight the legal risks that come with these innovations — including unfair or deceptive acts or practices (UDAP), fair lending, bias, explainability, false positives, and increased compliance risk — and stress the importance of strong human oversight, governance, and complaint management as dealers and auto finance companies accelerate their adoption of AI in 2026.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso lay out a practical set of 2026 resolutions for dealers and auto finance companies. Chris breaks down why state law compliance should be at the top of your list, from California’s CARS rule and junk fee laws to new disclosure and renewal requirements cropping up across the country. Brooke then shifts to the federal landscape, focusing on the Fed’s recent rate cuts, what a lower-rate environment could mean for auto loan refinancing, and the compliance risks that come with more paperwork. The discussion also tackles the real-world impact of AI — how consumers are using it in disputes and litigation, and how companies must carefully govern their own AI tools, including chatbots. Finally, they underscore the importance of a robust consumer complaint process as an early-warning system and a powerful tool to prevent small issues from turning into lawsuits.

On today’s episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso discuss TransUnion’s study on fraud-related charge-off losses in auto lending, exploring how bad actors enter the car-buying journey through tactics such as application phishing, synthetic identities, trade-in data exposure, and “digital warming.” They examine why auto fraud can have outsized impacts compared to other products, the surprising concentration of losses among higher credit tiers, and the risks posed by credit washing, which can inflate perceived creditworthiness and distort underwriting decisions. The episode closes with a festive holiday movie countdown and a friendly nod to the eternal “Is Die Hard a Christmas movie?” debate.

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso break down recent state-law developments affecting auto dealers and finance companies in California and Massachusetts. The discussion covers California’s recent arbitration laws, including restrictions on venue, choice of law, and the scope of arbitration agreements, as well as open questions about federal preemption. Brooke and Chris also review Massachusetts’ newly enacted junk fee regulations, highlighting requirements for price and fee transparency, trial offer disclosures, and cancellation mechanisms. They explain how these changes impact compliance, dealer oversight, and litigation risk — especially for businesses operating across multiple states. Tune in for a practical look at how evolving state laws are shaping the auto finance landscape.

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso dive into the latest Experian auto finance quarterly report to explore the latest trends in auto finance for the second quarter of 2025. They discuss key findings, including the rise in new and used vehicle financing, shifts in market share among banks, captives, and credit unions, and the surprising increase in loan amounts and monthly payments. The conversation also covers the growing trend of refinancing and its implications for the auto finance industry. Tune in to understand how these trends impact dealers and finance companies, and what they mean for the future of auto finance.