Hudson Cook Enforcement Alert: Eighth Circuit Vacates FTC’s Negative Option Rule

Robert D. Tilley and Kristen Yarows HIGHLIGHTS: CASE SUMMARY: On July 8, 2025, the Eighth Circuit issued an opinion that vacated the FTC’s Negative Option Rule in its entirety. The FTC’s compliance deadline for the Rule, which had been extended once, was set to go into effect on July 14th. The Eighth Circuit vacated the Rule based… Continue reading Hudson Cook Enforcement Alert: Eighth Circuit Vacates FTC’s Negative Option Rule

State Watch: Consumer Protection Enforcement Update – June 2025: Hot AG Summer kicks off with California’s largest-ever CCPA settlement

and the states press the CFPB’s Acting Director for overdue restitution funds Anastasia V. Caton California California Attorney General Bonta entered into the state’s largest California Consumer Privacy Act (“CCPA”) settlement to date with a website publisher for $1.55 million. AG Bonta alleges that the company’s online tracking technology violated the CCPA because the company, according to… Continue reading State Watch: Consumer Protection Enforcement Update – June 2025: Hot AG Summer kicks off with California’s largest-ever CCPA settlement

Is Purchasing Debt Without a License an Unlawful Collection Activity?

Clayton C. Swears Folks in the consumer credit industry know that it can be easy to run afoul of collection restrictions. From the number of times you are allowed to contact a delinquent buyer to what you are allowed to say when you do make contact, state and federal restrictions abound. And, in some states,… Continue reading Is Purchasing Debt Without a License an Unlawful Collection Activity?

Does the Recent Earned Wage Access Law Change the Regulatory Environment in Arkansas?

Clayton C. Swears The Arkansas legislature recently passed House Bill 1517, which creates an earned wage access law in the state. It will be one of the relatively few such laws in the country. One interesting question is whether the law fundamentally changes anything in Arkansas. The Arkansas Earned Wage Access Services Act (the “EWA… Continue reading Does the Recent Earned Wage Access Law Change the Regulatory Environment in Arkansas?

Texas Governor Signs H.B. 700; New York Legislature Passes FAIR Business Practices Act

Eric D. Mulligan On June 20, 2025, Texas Governor Greg Abbott signed House Bill 700, which regulates sales-based financing transactions and requires providers and brokers of sales-based financing transactions to register with the Texas Office of Consumer Credit Commissioner. The law also bans sales-based financing providers from automatically debiting customer bank accounts in most circumstances. The… Continue reading Texas Governor Signs H.B. 700; New York Legislature Passes FAIR Business Practices Act

CFPB’s Consumer Response Annual Report for 2024 Analyzes Increased Consumer Complaints

Taylor A. Krowitz The Consumer Financial Protection Bureau recently delivered its Consumer Response Annual Report for 2024, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act. The report includes analyses of complaints across multiple consumer financial products and services. In 2024, credit or consumer reporting, debt collection, credit cards, checking or savings… Continue reading CFPB’s Consumer Response Annual Report for 2024 Analyzes Increased Consumer Complaints

Not All Third Parties Are Created Equal

Eric D. Mulligan Motor vehicle purchase and finance transactions are rarely simple, even if they’re routine from the perspective of the businesses involved. The typical motor vehicle retail installment transaction features the buyer, the seller, and, in most cases, the assignee of the retail installment sale contract. If the buyer trades in a vehicle and… Continue reading Not All Third Parties Are Created Equal

Consumer Financial Services Bites of the Month – June 18, 2025 – “Evening in June With the CFPB”

Justin B. Hosie, Eric L. Johnson and Kristen Yarows In this month’s article, we share some of our top “bites” covered during the June 2025 webinar. Bite 16: FTC Chairman Notes Plans to Reduce Agency Staffing On May 15, 2025, FTC Chairman Andrew Ferguson testified before the House Appropriations Committee regarding the FTC’s budget and recent changes. Ferguson testified that… Continue reading Consumer Financial Services Bites of the Month – June 18, 2025 – “Evening in June With the CFPB”

Consumer Financial Services Bites of the Month – “The CFPB in the End of May”

Eric L. Johnson, Justin B. Hosie and Kristen Yarows In this month’s article, we share some of our top “bites” covered during the May 2025 webinar. Bite 19: Study Releases Data on the CFPB’s Complaint Database On May 7, 2025, authors from SMU’s Cox School of Business and Arizona State’s W.P. Carey School of Business published a paper addressing the CFPB’s… Continue reading Consumer Financial Services Bites of the Month – “The CFPB in the End of May”

New Texas Law Offers Financial Institutions an Innovation-Friendly AI Framework

Mark D. Metrey On May 31, 2025, Texas enacted HB 149, the Texas Responsible Artificial Intelligence Governance Act, creating one of the most comprehensive state-level frameworks to date for regulating artificial intelligence. Unlike more prescriptive regimes such as the EU AI Act, HB 149 reflects a more measured, innovation-aware approach—one that financial institutions and fintech companies may find… Continue reading New Texas Law Offers Financial Institutions an Innovation-Friendly AI Framework