Regulatory Enforcement + Compliance

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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.

Virginia is implementing a new Business Screening Services (BSS) program that will significantly change how private background screening companies handle Virginia criminal and traffic history records.

On April 8, Virginia Governor Abigail Spanberger signed HB 444, the Uniform Consumer Debt Default Judgments Act, into law. The Act establishes pleading and notice requirements in certain consumer debt collection actions that must be met for a creditor to obtain a default judgment against a consumer. This Act is based on a model drafted by the Uniform Law Commission, similar versions of which have been enacted in Washington and introduced in Pennsylvania. HB 444 will take effect on July 1, 2027.

On June 10, President Trump sent to the Senate his nomination of Brian Johnson to serve as Director of the Consumer Financial Protection Bureau (CFPB or Bureau) for a five-year term.The CFPB has been without a confirmed, full-time director since former Director Rohit Chopra was fired on February 1, 2025 (discussed here).

Federal regulators recently took two coordinated steps that significantly shift expectations for how lenders and banks treat non‑work authorized individuals and their employers. On June 5, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a formal statement on how immigration status should factor into ability‑to‑repay determinations under the Truth in Lending Act (TILA) and Regulation Z. On the same day, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN), jointly with the federal banking agencies and in coordination with the Internal Revenue Service (IRS), released a detailed advisory on fraud, payroll schemes, and money laundering risks associated with the unlawful employment of non-work authorized persons, including specific guidance regarding the use of Individual Taxpayer Identification Numbers (ITINs) and Suspicious Activity Reports (SARs).

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.

On June 2, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and Federal Reserve Board (FRB) jointly announced another step in their effort to eliminate “reputation risk” from the federal banking supervisory framework, an effort prompted by Executive Order 14331 (Guaranteeing Fair Banking for All Americans). The agencies updated a broad set of interagency documents to remove references to “reputation risk” and, in some cases, “reputation,” reinforcing their earlier decision to stop using reputation risk as a basis for examination findings or exerting supervisory pressure on financial institutions to avoid or exit certain banking relationships.

On May 19, President Donald Trump issued Executive Order 14406, “Restoring Integrity to America’s Financial System,” which establishes a new policy to safeguard financial institutions against structural credit risks and deter fraud and abuse. The order links illicit finance, immigration enforcement, and consumer credit risk, and directs federal financial regulators to tighten risk-based controls around non-work authorized populations and their employers. It reflects a policy view that even basic financial services, when offered without robust know-your-customer and due diligence, can facilitate terrorist financing, narcotics and human trafficking, and large-scale money laundering. At the same time, it expresses concern that lending to borrowers who lack work authorization or face a high risk of deportation may undermine safety and soundness because of heightened “ability-to-repay” concerns.

On May 27, the National Fair Housing Alliance (NFHA), Rise Economy (formerly known as the California Reinvestment Coalition), and two fair lending compliance companies (BLDS, LLC, and SolasAI) filed suit in the U.S. District Court for the District of Columbia challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau) Regulation B (Subpart A) final rule, which implements the Equal Credit Opportunity Act (ECOA), and was issued on April 22, 2026. The case, National Fair Housing Alliance et al. v. CFPB et al., is notable not only for challenging the CFPB’s significant rewrite of longstanding Reg B, but also because the NFHA and Rise Economy are the first consumer advocacy organizations to sue the CFPB over the final rule.

On May 19, Virginia Governor Abigail Spanberger (D) indicated that she intends to veto SB 229, a pending bill which would have created a Virginia state court class action mechanism and would have modified the Virginia Consumer Protection Act (VCPA) in critical ways. Governor Spanberger initially noted that she “approve[d] the general purpose of this bill,” but returned it to the legislature with proposed amendments.