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Consumer Financial Services Law Monitor

Monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues

Topics

ALL CFS Blog Entries

Insights from the CFPB's Latest Report on Credit InvisibilityNavigating Change: First 100 Days Under the Trump Administration

All Entries

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024Senate Agriculture Committee’s Bipartisan Draft Would Give the CFTC Exclusive Jurisdiction Over “Digital Commodities”

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

California's CARS Act Signed into LawOregon Enacts New Auto Loan Fairness and Transparency Law

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

From "Operation Chokepoint 2.0" to Fair Banking: What the House Report Alleges and How the OCC RespondedNo Reset, No Relief: NY Court of Appeals Confirms FAPA's Reach

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

Illinois Supreme Court Redefines Concrete Injury Requirement in No-Injury CasesFourth Circuit Finds Public Disclosure Required for Standing in Data Breach Case

Consumer Financial Protection Bureau (CFPB)

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding Constraints

Consumer Financial Services

Point-of-Sale Finance Series: Understanding the Development and Regulation of Buy Now, Pay Later ProductsThird Circuit Holds that the Continuing Violation Theory is Inapplicable to the FDCPA

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

CFPB Revokes 2022 Interpretive Rule on FCRA Preemption ScopeThe Homebuyers Privacy Protection Act Becomes Law

Cryptocurrency + FinTech

Senate Agriculture Committee’s Bipartisan Draft Would Give the CFTC Exclusive Jurisdiction Over “Digital Commodities”CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding Constraints

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

Ninth Circuit Holds that Bona Fide Error Defense Applies to Claim for Violation of FDCPANew Jersey Appellate Division Upholds Dismissal in FDCPA Third-Party Letter Vendor Case

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

CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding ConstraintsFrom "Operation Chokepoint 2.0" to Fair Banking: What the House Report Alleges and How the OCC Responded

FCRA

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association

FCRA Focus

Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers AssociationThe CFPB's FCRA Preemption Flip: What It Means for Consumer Reporting

FDCPA

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024Ninth Circuit Holds that Bona Fide Error Defense Applies to Claim for Violation of FDCPA

Featured Posts

CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding ConstraintsNonprofits Sue to Force CFPB to Accept Funding from the Federal Reserve

Federal Trade Commission (FTC)

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

Health Care

HRSA’s 340B “Rebate Pilot” Faces APA ChallengeStates Tighten Oversight of Private Equity in Health Care

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

Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers AssociationNo Reset, No Relief: NY Court of Appeals Confirms FAPA's Reach

Moving the Metal

State Law Roundup: Arbitration Changes and Junk Fee Rules in California and MassachusettsQuarterly Insights: Driving Through Q2 Auto Finance Data

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

Point-of-Sale Finance Series: Understanding the Development and Regulation of Buy Now, Pay Later ProductsCFPB Proposes Rules Re-Defining Larger Participants in Multiple Markets

Payments Pros

Point-of-Sale Finance Series: Solar Finance Under the MicroscopePoint-of-Sale Finance Series: Understanding the Development and Regulation of Buy Now, Pay Later Products

Podcasts

Point-of-Sale Finance Series: The Holder Rule at 50Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association

Privacy + Cyber

The New Wave of Web Tracking Litigation: Wiretap Statutes, VPPA Risk, and Consent StrategiesFourth Circuit Finds Public Disclosure Required for Standing in Data Breach Case

Regulatory Enforcement + Compliance

Senate Agriculture Committee’s Bipartisan Draft Would Give the CFTC Exclusive Jurisdiction Over “Digital Commodities”CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding Constraints

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

Earned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel ArbitrationLouisiana Becomes Latest State to Pass EWA Legislation

State Attorneys General

Blue-State AGs Tap Rohit Chopra to Lead Consumer Protection Working GroupTexas Attorney General Confirms Opt-In SMS Is Outside Registration Under SB 140

State Attorneys General, CFPB + FTC

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024CFPB Signals Issuance of Interim Final Rules on Section 1071 and Section 1033 Amid Funding Constraints

Student Lending

Illinois Amends Student Loan Servicing Rights Act to Include Educational Income Share AgreementsU.S. Department of Education to Resume Federal Student Loan Collections

TCPA

October 2025 Consumer Litigation Filings: Another Mixed Bag, But Up Over 2024Texas Attorney General Confirms Opt-In SMS Is Outside Registration Under SB 140

The Consumer Finance Podcast

Point-of-Sale Finance Series: The Holder Rule at 50Point-of-Sale Finance Series: Solar Finance Under the Microscope

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

 

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About Troutman Pepper Locke

Troutman Pepper Locke helps clients solve complex legal challenges and achieve their business goals in an ever-changing global economy. With more than 1,600 attorneys in 30+ offices, the firm serves clients in all major industry sectors, with particular depth in energy, financial services, health care and life sciences, insurance and reinsurance, private equity, and real estate. Learn more at troutman.com.

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