News & Analysis as of

UDAAP

Sheppard Mullin Richter & Hampton LLP

CFPB Releases Spring 2025 Agenda Signaling Deregulatory Shift

On September 4, the CFPB published its Spring 2025 Unified Agenda on the Office of Information and Regulatory Affair’s website. The agenda identifies 24 regulatory items across the final, proposed, and prerule stages,...more

Alston & Bird

New York’s FAIR Act: What Financial Services Compliance Teams Must Know

Alston & Bird on

What Happened? As we highlighted in March following its introduction, the New York’s Fostering Affordability and Integrity through Reasonable Business Practices (“FAIR”) Act represents a fundamental transformation of the...more

Husch Blackwell LLP

FDIC Removes Disparate Impact Theory from Compliance Exam Manual

Husch Blackwell LLP on

Before the Labor Day holiday weekend, the Federal Deposit Insurance Corporation (FDIC) updated the fair lending and unfair, deceptive act or practices (UDAP) chapters of its Consumer Compliance Examination Manual to remove...more

Kelley Drye & Warren LLP

HelloFresh to Pay $7.5 Million to Settle Automatic Renewal Suit

Last month, HelloFresh agreed to settle an investigation by the California Automatic Renewal Task Force (“CART”) made up of several California counties and cities. CART’s lawsuit, filed contemporaneously with its agreed...more

Holland & Knight LLP

Consumer Protection Investigations: What You Should Do

Holland & Knight LLP on

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses strategies and techniques for defending an investigation by a federal or state consumer protection agency in the current...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts state court allows consumer protection suit over home equity investment product to proceed

On August 21, a Massachusetts superior court denied a motion to dismiss filed by a financial technology company offering a home equity investment (HEI) product. The financial technology company asserted that the HEI is an...more

Orrick, Herrington & Sutcliffe LLP

CFPB and bankruptcy Trustee reach settlement in suit against fintech for failure to maintain accurate custodial accounts

On August 21, the CFPB filed an adversary proceeding complaint with the U.S. Bankruptcy Court for the Central District of California against a debtor fintech company, along with a proposed stipulated final judgment and order,...more

Hudson Cook, LLP

2025 State Enforcement Recap

Hudson Cook, LLP on

Until the Dodd-Frank Act, the states were at the forefront of consumer credit regulation and enforcement. The arrival of the federal Consumer Financial Protection Bureau gave the states, which typically operated within tight...more

Cozen O'Connor

FTC Sues LA Fitness to Cancel Unfair Membership Cancellation Practices

Cozen O'Connor on

The FTC has sued Fitness International, LLC and Fitness & Sports Clubs, LLC—the operators of “LA Fitness”—alleging that the gyms have made it extremely difficult for consumers to cancel memberships and recurring charges in...more

Troutman Pepper Locke

CFPB Briefly Releases Semi-Annual Rulemaking Agenda Amidst Uncertainty

Troutman Pepper Locke on

As has been well-documented, the Consumer Financial Protection Bureau (CFPB or Bureau) is navigating a period of significant uncertainty. Just last week, the U.S. Court of Appeals for the District of Columbia vacated a...more

Holland & Knight LLP

CFPB Announces Updated Regulatory and Rulemaking Priorities

Holland & Knight LLP on

The CFPB released its semiannual Unified Rulemaking Agenda update on Aug. 15, 2025, outlining its rulemaking initiatives. The CFPB releases regulatory updates twice per year reflecting the agency's plans to propose, finalize...more

Cozen O'Connor

State AGs Are Stepping Up — Is Your Bank Ready for Multistate Scrutiny?

Cozen O'Connor on

The CFPB has scaled back some enforcement priorities, and the states have noticed. Certain states – including California, New York, Texas, and Connecticut – are particularly active, pursuing UDAP violations, privacy issues,...more

Ballard Spahr LLP

Is There Legal Authority for Trump’s “Debanking” Executive Order?

Ballard Spahr LLP on

As we previously reported, on August 7, 2025, President Trump issued an Executive Order (the “EO”) titled “Guaranteeing Fair Banking for All Americans” which, among other things...more

Mayer Brown

Potential for Increased State Consumer Finance Enforcement

Mayer Brown on

A decrease in Consumer Financial Protection Bureau (“CFPB”) enforcement actions may motivate state regulators to fill the enforcement void. We have not seen a dramatic increase in state actions to date, but it will...more

Ballard Spahr LLP

Eighth Circuit voids FTC ‘Click to Cancel’ rule

Ballard Spahr LLP on

A federal appeals court has nullified the Federal Trade Commission’s amendments to its Negative Option Rule intended to make it easier for people to cancel subscriptions....more

Mayer Brown

Texas Commercial Financing Disclosure and Registration Law Threatens Sales-Based Financing Industry

Mayer Brown on

Texas has enacted a law that has the potential to place substantial impediments on sales-based financing providers, including merchant cash advance companies, seeking to operate in Texas. The new Texas law prohibits...more

Orrick, Herrington & Sutcliffe LLP

FTC requires company to pay $10M for alleged UDAP violations related to money transmission

On June 20, the U.S. District Court for the Northern District of Illinois entered a stipulated order for injunction and monetary judgment, requiring a retail corporation, which provides financial services, to pay $10 million...more

Hudson Cook, LLP

[Webinar] Compliance Coffee Break: Hot Topics in Debt Settlement - July 8th, 2:00 pm - 2:30 pm ET

Hudson Cook, LLP on

The debt settlement industry is fast emerging as a significant portion of the overall consumer financial services market, yet many still do not understand the space. Please join Hudson Cook partner Cathy Brennan as she...more

Holland & Knight LLP

Podcast - FTC to Focus on Deceptive AI Claims: Compliance Management Strategies

Holland & Knight LLP on

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta explores the Federal Trade Commission's (FTC) increasing scrutiny of deceptive claims related to artificial intelligence (AI). He outlines...more

Goodwin

The Evolving Landscape of AI Regulation in Financial Services

Goodwin on

Artificial intelligence (AI) is increasingly woven into financial services operations, transforming everything from consumer interactions through chatbots and targeted marketing to essential functions like underwriting,...more

Cadwalader, Wickersham & Taft LLP

Heating Up, June 2025 - Changes to CFPB Actions and Interpretations

It has been difficult to keep up with all of the changes that have been happening with Consumer Financial Protection Bureau (“CFPB”) lawsuits and interpretations because the CFPB has not been sending out press releases...more

Sheppard Mullin Richter & Hampton LLP

FTC Permanently Bans Debt Collector for UDAP and FDCPA Violations

On April 30, the FTC filed a stipulated order for a permanent injunctive relief and a monetary judgment against a Georgia-based debt collection company and its owner, which the court granted on May 9, to resolve allegations...more

Troutman Pepper Locke

Regulatory Rollback: Impact on Industry of CFPB's Withdrawal of Fair Lending and UDAAP Informal Guidance — The Consumer Finance...

Troutman Pepper Locke on

In this episode of The Consumer Finance Podcast, Chris Willis and Lori Sommerfield discuss the Consumer Financial Protection Bureau's (CFPB) recent withdrawal of more than 60 pieces of informal guidance, focusing on those...more

Troutman Pepper Locke

Rescission of CFPB’s 2022 Interpretive Rule: A Shift in the Scope of State Enforcement Authority Under the CFPA

Troutman Pepper Locke on

On May 15, the Consumer Financial Protection Bureau (CFPB or Bureau) officially rescinded its May 2022 interpretive rule concerning the scope of state enforcement authority under § 1042 of the Consumer Financial Protection...more

Ballard Spahr LLP

CFPB rescinds 67 guidance documents

Ballard Spahr LLP on

Contending that policies implemented by guidance represent an unfair regulatory burden and might be contrary to federal law, the CFPB is rescinding 67 guidance documents  issued since the bureau began operating in 2011....more

832 Results
 / 
View per page
Page: of 34

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide