News & Analysis as of August 24, 2025

Consumer Protection Laws

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

BNPL: Buy Now, Regulate in 2026 - FCA publishes proposals

Hogan Lovells on 7/21/2025

Key takeaways The FCA has published details of the ‘proportionate’, ‘flexible’ and outcomes-focused conduct regime it is proposing for newly regulated BNPL agreements. These include a pragmatic approach to documentation and a...more

Arkansas and Utah Enact Laws to Regulate Earned Wage Access Providers

Mayer Brown on 4/22/2025

Just days apart, Arkansas and Utah enacted laws to regulate providers of earned wage access (“EWA”) services, joining the handful of states that have enacted legislation to regulate these products since 2022. Arkansas House...more

2024 Year in Review: Cards, Payments, and Consumer Banking

Goodwin on 3/14/2025

We expect continued scrutiny by regulators on fees, including enforcement actions and rulemakings, with the caveat that the new administration could shift federal priorities away from this fee crackdown....more

Pennsylvania Judge Rejects Loan Provider’s Effort to Enforce Arbitration and Class Action Waiver Clauses Found in Smartphone App

Saul Ewing LLP on 1/16/2025

For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh...more

CFPB Brings String of Enforcement Actions to Round Out 2023

Sheppard Mullin Richter & Hampton LLP on 1/29/2024

In December, the CFPB brought a series of three separate enforcement actions against several financial services companies alleging a range of violations of federal consumer protections laws....more

New SEC Chairman Gives His First Speech on Crypto

Latham & Watkins LLP on 8/13/2021

Gary Gensler asserts the SEC’s broad powers over digital assets, and puts consumer protection at the forefront. On August 3, 2021, Gary Gensler, chairman of the US Securities and Exchange Commission (SEC), gave a speech on...more

House Financial Services Committee: “rent-a-bank” hearing on Feb. 5; Director Kraninger to testify on Feb. 6

Ballard Spahr LLP on 2/3/2020

On Wednesday, February 5, the House Financial Services Committee will hold the first part of a two-part hearing on “rent-a-bank” structures. The hearing is titled “Rent-A-Bank Schemes and New Debt Traps: Assessing Efforts to...more

Consumer financial services: The road ahead: Mortgage origination and servicing

White & Case LLP on 3/6/2019

In 2018, the CFPB issued multiple rules, and Congress passed legislation, to clarify, revise and update the regulatory framework applicable to the home mortgage origination and servicing market....more

FTC Enforcement Trends in Consumer Protection

Skadden, Arps, Slate, Meagher & Flom LLP on 2/12/2019

A comprehensive review of recent Federal Trade Commission (FTC or Commission) consumer protection actions shows that the FTC continues to be one of Washington’s most aggressive regulators. While the number of enforcement...more

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