Topics

ALL CFS Blog Entries

SEC – CFTC Harmonization Event Rescheduled to Jan. 29Insights from the CFPB's Latest Report on Credit Invisibility

All Entries

Kraken Secures Fed Master AccountJanuary Consumer Litigation Filings: 2026 Starts Out with a Bang

Arbitration

Earned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel ArbitrationNinth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

Auto Finance

Colorado Bill Would Reshape Auto Repossessions and Create 3‑Day Return Right for Certain VehiclesSoaring Repos and Senate Requests: Warren Targets Auto Finance

Background Screening

FTC and Arizona AG Reach $2.6 Million Settlement with Motor Vehicle Dealer Over Alleged Deceptive and Discriminatory Sales and Financing PracticesCFPB Proposed Rule Banning Reporting of Medical Debt

Banking

Kraken Secures Fed Master AccountNCUA Issues Updated AI Resource Hub

Bankruptcy

GENIUS Act: A Game-Changer for Crypto Bankruptcy PrioritiesCFPB Backs Chapter 7 Conversion in Synapse Financial Technologies Bankruptcy

Better Business Bureau (BBB)

Join Us on August 10 for a Webinar on A Review of the New York Cybersecurity FrameworkBetter Business Bureau Data Show Sharp Decline in Debt Collection Complaints

Class Actions

Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing CallsIllinois Supreme Court Redefines Concrete Injury Requirement in No-Injury Cases

Consumer Financial Protection Bureau (CFPB)

January Consumer Litigation Filings: 2026 Starts Out with a BangSigns of Life at the CFPB

Consumer Financial Services

2025 Consumer Financial Services Year in Review and a Look AheadFinancial Services Industry 2025 Digital Assets Year in Review

COVID-19

New York Federal Court Finds Failure to Review Account Notes When Investigating a Dispute Could Be Considered Reckless Under the FCRANinth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA or FCRA

Credit Reporting + Data Brokers

New York City Finalizes Expanded Debt Collection Rules Covering Original Creditors and Third-Party CollectorsEighth Circuit Confirms Limits on FCRA Furnisher Duties in Late-Payment Dispute Against Mortgage Servicer

Cryptocurrency + FinTech

Kraken Secures Fed Master AccountDigital Commodity Intermediaries Act Clears Senate AG Committee

Dear Mary (Advice Column)

When to Notify Your Cyber Carrier of a Security IncidentSEC Cybersecurity Incidents Disclosures: Materiality, Decryptors, and Ransom Payments

Debit + Prepaid Cards

CFPB Releases Semiannual Regulatory Agenda Amid House Financial Services Committee Leaders' Calls to Halt RulemakingCFPB Finalizes Rule on Overdraft Fees for Large Financial Institutions

Debt Buyers + Collectors

New York City Finalizes Expanded Debt Collection Rules Covering Original Creditors and Third-Party CollectorsNew York Enacts Coerced Debt Law Protecting Survivors of Economic Abuse

Depository Institutions

Senate Banking Committee Releases Draft Digital Asset Market Structure Bill and Request for InformationIn Response to President Trump's Executive Order, the OCC Removes Disparate Impact References from Fair Lending Examination Manual

Events + Webinars

Join Us at the OLA Legal Issues Conference for a Panel on Federal Enforcement in 2023Join Us September 24, 2022, for the 16th Annual National Conference of Vietnamese American Attorneys

Fair Lending

Year in Review and Look Ahead: Fair Lending and UDAAP in the Trump 2.0 Era — Federal Pullback, State Pushback, and What Comes NextDOJ and Texas Reach No‑Penalty Settlement with Colony Ridge Over Alleged Predatory Mortgage Financing, Discriminatory Land Sales

FCRA

January Consumer Litigation Filings: 2026 Starts Out with a BangEighth Circuit Confirms Limits on FCRA Furnisher Duties in Late-Payment Dispute Against Mortgage Servicer

FCRA Focus

California DFPI's Next Target: Credit Reporting IndustryResellers in the Middle: Duties, Data, and Defenses Under the FCRA

FDCPA

January Consumer Litigation Filings: 2026 Starts Out with a Bang2025 Consumer Litigation Filings: Everything Up Compared to 2024

Featured Posts

New York City Finalizes Expanded Debt Collection Rules Covering Original Creditors and Third-Party CollectorsTroutman Pepper Locke Weekly Consumer Financial Services Newsletter – March 3, 2026

Federal Trade Commission (FTC)

Point-of-Sale Finance Series: The Holder Rule at 50California's CARS Act Signed into Law

Health Care

Ninth Circuit Upholds Administrator’s Denial of Residential Mental Health Benefits Under ERISACMS’s 2027 Medicare Advantage Proposal: “Flat” Rates with Tighter Risk Adjustment

Investors

SEC Dismisses Ripple Labs Executives After Losing Bid for Interlocutory AppealSecurities Industry Arbitrations and Litigation Update: FINRA Reaffirms Its Commitment to Enforcement Actions In Connection with the Protection Of Elderly Investor Customers

Military Lending

Navigating the Servicemembers Civil Relief Act: Protections and Litigation TrendsEarned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel Arbitration

Mortgage Lending, Servicing + Banking

Eighth Circuit Confirms Limits on FCRA Furnisher Duties in Late-Payment Dispute Against Mortgage ServicerDOJ and Texas Reach No‑Penalty Settlement with Colony Ridge Over Alleged Predatory Mortgage Financing, Discriminatory Land Sales

Moving the Metal

Empire State of Scrutiny: The New York FAIR Act and Auto LendingSoaring Repos and Senate Requests: Warren Targets Auto Finance

Online Lending

Kansas Governor Enacts Significant Changes to Kansas Mortgage Business Act and Uniform Consumer Credit CodeCFPB Files Lawsuit Against SoLo Funds for Alleged Deceptive Lending Practices

Payment Processing + Cards

Trading, Gambling, or Something Else? Prediction Markets and the Payments PuzzlePayments Year in Review 2025: Federal and State Developments – Part 2

Payments Pros

Payments Year in Review 2025: Federal and State Developments – Part 2Payments Year in Review 2025: Federal and State Developments – Part 1

Podcasts

Year in Review and Look Ahead: Fair Lending and UDAAP in the Trump 2.0 Era — Federal Pullback, State Pushback, and What Comes NextYear in Review and Look Ahead Announcement

Privacy + Cyber

Point-of-Sale Finance Series: Privacy, Breaches, and Data MonetizationFinancial Services Industry 2025 Digital Assets Year in Review

Regulatory Enforcement + Compliance

Kraken Secures Fed Master AccountNew York City Finalizes Expanded Debt Collection Rules Covering Original Creditors and Third-Party Collectors

Sales Finance

Navigating California's New Legislation on Fixed Term Installment ContractsSales-Based Financing Trade Group Files Suit Challenging CFPB's Section 1071 Rule

Small Business Finance

CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding ConstraintsSection 1071 Redo: CFPB Proposes to Narrow Coverage, Data, and Timing

Small Dollar Lending

New York Proposes Sweeping Licensing and Consumer Protection Regime for BNPL LendersWisconsin Lawmakers Propose “True Lender” Test and 36% APR Cap for Consumer Loans

State Attorneys General

DOJ and Texas Reach No‑Penalty Settlement with Colony Ridge Over Alleged Predatory Mortgage Financing, Discriminatory Land SalesNew Jersey's Big Bet on Disparate Impact: What the AG's New Rules Mean for Lenders and AI

State Attorneys General, CFPB + FTC

January Consumer Litigation Filings: 2026 Starts Out with a BangDOJ and Texas Reach No‑Penalty Settlement with Colony Ridge Over Alleged Predatory Mortgage Financing, Discriminatory Land Sales

Student Lending

Point-of-Sale Finance Series: Federal Shake-Ups and the Rise of Income Share Agreements in Student Loan FinancingIllinois Amends Student Loan Servicing Rights Act to Include Educational Income Share Agreements

TCPA

January Consumer Litigation Filings: 2026 Starts Out with a BangFifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls

The Consumer Finance Podcast

Year in Review and Look Ahead: Fair Lending and UDAAP in the Trump 2.0 Era — Federal Pullback, State Pushback, and What Comes NextYear in Review and Look Ahead Announcement

The Crypto Exchange

NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital FrontierThe Future of Bank-Fintech Collaborations in Digital Finance

Tribal Lending Litigation

Troutman Pepper Publishes 2023 Consumer Financial Services Year in Review and A Look AheadSeventh Circuit Affirms Dismissal, Finding Entity Entitled to Arm of the Tribe Sovereign Immunity & Adopting Breakthrough Factor Analysis

Unauthorized Access

The Team Continues to Grow: A Conversation With Our Newest Colleague, Kaitlin ClemensCaregivers in Cybersecurity