News & Analysis as of August 18, 2025

Consumer Protection Laws

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Ballard Spahr Submits Amicus Brief on Behalf of Banking Trade Groups in Important SCOTUS Arbitration Case

Ballard Spahr LLP on 7/8/2025

On behalf of the American Bankers Association (ABA) and the Consumer Bankers Association (CBA), Ballard Spahr has submitted an amicus brief to the United States Supreme Court in Coinbase, Inc., et al. v. Kramer, et al., No....more

Regulation in Flux, March 2025 - Trump's War on Consumer Protection, Humph(rey)

Cadwalader, Wickersham & Taft LLP on 3/20/2025

We have been following closely developments with the Consumer Financial Protection Bureau (“CFPB”) and the Trump/Musk administration (see here and here), and while we have a few updates on the CFPB, Trump and Musk have taken...more

2024 Year in Review: Major US Supreme Court and Appellate Cases

Goodwin on 3/17/2025

Welcome to the “Major US Supreme Court and Appellate Cases” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. The Supreme Court continues to take a close look at major administrative law...more

Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

Hudson Cook, LLP on 2/19/2025

The future of the Consumer Financial Protection Bureau — and federal enforcement of consumer financial laws more generally — is uncertain. The Trump administration has ordered the CFPB to freeze all enforcement activity,...more

CFPB Acting Director and DOGE officials post on CFPB’s funding

Orrick, Herrington & Sutcliffe LLP on 2/14/2025

On February 7, both Elon Musk and Vivek Ramaswamy made posts on social media regarding the CFPB; Elon Musk posted “CFPB RIP,” while Vivek Ramaswamy’s post delved into the CFPB’s funding mechanism. Ramaswamy highlighted the...more

How Congress Can Stem Consumer Finance Law Uncertainty

Bradley Arant Boult Cummings LLP on 2/6/2025

With the 2024 election behind us and the 119th Congress now in session, the political climate has created an opportunity for meaningful statutory reforms of the federal consumer financial laws to become reality. The 119th...more

Fourth Circuit Reiterates that Absent Class Members Must Suffer Actual Harm

Carr Maloney P.C. on 1/24/2025

On January 23, 2025, the Fourt Circuit, in Alig v. Rocket Mortg., LLC, No. 22-2289, 2025 WL 271563 (4th. Cir. Jan. 23, 2025), reversed the District Court’s decision that a certified class action. In Alig, the plaintiffs filed...more

The State AG Report – 6.6.2024

Cozen O'Connor on 6/11/2024

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Proposed Settlement Between AGs, DOJ, and NCAA Would...more

Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

Perkins Coie on 4/24/2023

The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more

Industry Groups Weigh in Before the U.S. Supreme Court on FCRA Preemption Issue

Brownstein Hyatt Farber Schreck on 12/23/2022

Multiple financial services industry trade associations submitted arguments to the U.S. Supreme Court this week supporting the Consumer Data Industry Association’s (“CDIA”) petition for review of whether the Fair Credit...more

Priorities And Trends Discussed At This Week’s NAAG Consumer Protection Spring Conference

Cozen O'Connor on 5/13/2021

On May 11, 2021, the National Association of Attorneys General (NAAG) held its Spring Consumer Protection Conference virtually with more than 500 attendees. The conference comprised a series of panel discussions with state...more

Consumer Law Hinsights – September 2020

Hinshaw & Culbertson - Consumer Financial... on 10/3/2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition also highlights the recently updated 50...more

Consumer Law Hinsights – July 2020

Hinshaw & Culbertson - Consumer Financial... on 8/4/2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Spilman Thomas & Battle, PLLC on 7/11/2020

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

Supreme Court Narrows FDCPA’s Definition of Debt Collector

Davis Wright Tremaine LLP on 6/28/2017

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an...more

In Justice Gorsuch’s First Opinion, Supreme Court Holds That Debt Buyers Are Exempt From Fair Debt Collection Practices Act

Eversheds Sutherland (US) LLP on 6/16/2017

On June 12, 2017, the U.S. Supreme Court held in Henson v. Santander Consumer USA that the Fair Debt Collection Practices Act does not apply to debt buyers, as opposed to debt collectors working on behalf of loan originators....more

SCOTUS Says Debt Purchasers Are Not Debt Collectors

Baker Donelson on 6/16/2017

Debt purchasers attempting to collect on those debts across multiple jurisdictions now have uniform law that they are not debt collectors subject to the FDCPA. On June 12, in a unanimous decision, the United States Supreme...more

So Who Really Is A ‘Debt Collector’ Under The FDCPA?

Fox Rothschild LLP on 6/14/2017

When the Fair Debt Collection Practices Act became law in 1977, it promised to regulate the conduct of anyone who “regularly collects or attempts to collect … debts owed or due … another.” But the courts have divided over...more

U.S. Supreme Court Excludes Banks Collecting Purchased Delinquent Debt from Definition of “Debt Collector” under the FDCPA

Blank Rome LLP on 6/14/2017

Action Item: Banks and other consumer finance firms that purchase delinquent debt and then collect on their own behalf are not “debt collectors” under the Fair Debt Collection Practices Act. However, this limitation still...more

Supreme Court Decides Henson v. Santander Consumer USA Inc.

Faegre Drinker Biddle & Reath LLP on 6/13/2017

On June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., No. 16–349, holding that a company may collect debts that it purchased for its own account without triggering the statutory definition of...more

SCOTUS’s FDCPA Opinion in Henson v. Santander: It’s Not Debt Collection When You Own It

Balch & Bingham LLP on 6/13/2017

Yesterday, the Supreme Court of the United States issued its opinion in Henson v. Santander Consumer USA, Inc.—Justice Gorsuch’s first as a Supreme Court Justice. The question presented was whether “individuals and entities...more

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