State Attorneys General

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In this special crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis is joined by colleagues Lori Sommerfield and Matthew Berns to discuss New Jersey’s sweeping new disparate impact regulations under the Law Against Discrimination. They break down one of the most comprehensive state-level disparate impact rules in the U.S., the contrasts with traditional federal standards, and implications for enforcement in financial services. The discussion dives into credit scores, underwriting models, AI and automated decision-making tools, and the difference between New Jersey’s approach and the Trump administration’s effort to scale back disparate impact at the federal level, offering practical takeaways for lenders and other covered entities navigating this shifting landscape.

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.

On January 12, the California Department of Financial Protection and Innovation (DFPI) issued a second invitation for comments on potential regulations under the California Consumer Financial Protection Law (CCFPL) that would require registration and reporting by firms engaged in consumer reporting and related data activities. Comments are due by February 26.

New York has adopted new regulations, 3 NYCRR Part 120, that will extend New York’s Community Reinvestment Act (CRA) obligations to certain nonbank mortgage lenders operating in the state. Effective July 7, 2026, the rule will require New York State Department of Financial Services (DFS)‑licensed non‑depository mortgage bankers that have originated 200 or more New York State mortgage loans in the prior calendar year to demonstrate that they are providing fair and equitable access to home loans, especially for low‑ and moderate‑income New Yorkers.

On December 19, 2025, New York Governor Kathy Hochul signed into law the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act. The FAIR Act, which was proposed by Attorney General (AG) Tish James, represents the first major update to the state’s primary consumer protection law in 45 years and significantly broadens the statute’s reach.

On December 19, New York Governor Kathy Hochul signed Senate Bill S1353A creating a new General Business Law article on “actions involving coerced debts.” The law is aimed squarely at survivors of domestic violence, trafficking, and other forms of economic abuse who find themselves saddled with credit card balances, loans, or other consumer debts they never truly agreed to incur. Once effective (90 days after signing), it will prohibit creditors from enforcing certain coerced consumer debts against victims, create a structured process for disputing those debts, and establish robust private rights of action and defenses against collection. New York becomes the eighth state to enact protections of this kind.

On December 12, Wisconsin legislators introduced Senate Bill 759 (SB 759), which would substantially shift Wisconsin’s approach to consumer lending. The bill would:

  • Impose a 36% annual percentage rate (APR) cap on consumer loans made by licensed lenders;
  • Adopt predominant economic interest and totality of the circumstances tests that expand which entities “make” loans under the law and are subject to licensing;
  • Add broad anti‑evasion language; and
  • Require new, detailed reporting from licensed lenders to the Division of Banking within the Department of Financial Institutions (DFI).

On December 17, New Jersey announced its adoption of what its Attorney General is calling the “most comprehensive state-level disparate impact regulations in the country.” Effective December 15, 2025, the Division on Civil Rights’ (DCR) new rules under the New Jersey Law Against Discrimination (LAD) codify guidance on disparate impact discrimination across housing, lending, employment, places of public accommodation, and contracting.

On December 11, the White House issued an Executive Order (EO) titled Ensuring a National Policy Framework for Artificial Intelligence (AI). The EO states a federal policy to sustain and enhance U.S. AI leadership through a minimally burdensome national policy framework and to limit conflicting state requirements. It directs rapid actions by multiple federal entities to evaluate, challenge, or preempt state AI laws viewed as inconsistent with that policy and to use federal funding and standard-setting to influence state approaches.

As reported by Bloomberg, the Democratic Attorneys General Association (DAGA) has hired Rohit Chopra, former Director of the Consumer Financial Protection Bureau (CFPB or Bureau), to lead a new Consumer Protection and Affordability Working Group within DAGA’s policy arm. The move was announced as a coordinated, state-led response to rising living costs and widespread fraud, with a policy agenda that spans financial services, technology, and health care.