Author: Laura Pfenning

States Spring into Action in April: A bipartisan array of states continues to pursue privacy enforcement, while New York AG James takes aim at earned wage access providers Anastasia V. Caton While uncertainty continued to loom over the CFPB, the states did not take a spring break. Instead, we saw an eye-popping settlement from NY… Continue reading State Watch: Consumer Protection Enforcement Update

Hudson Cook, LLP, CounselorLibrary.com, LLC, and their attorneys and staff join in celebrating a legend in auto finance—our friend and colleague Terry O’Loughlin. On March 13, 2025, Terrence J. (Terry) O’Loughlin, J.D., M.B.A., director of compliance for The Reynolds & Reynolds Company, Document Services, was inducted into the F&I Hall of Fame by Bobit Dealer… Continue reading Congratulating Hall of Famer Terry O’Loughlin

Last month, the California Privacy Protection Agency announced a consent order with an auto manufacturer alleging multiple violations of the California Consumer Privacy Act and imposing a $632,500 fine for alleged failure to strictly comply with the CCPA’s provisions. In other words, there is no de minimis exception to CCPA enforcement; 90% compliance is not enough. The regulator alleged… Continue reading California Regulator Signals New Era in Privacy Enforcement

“No harm, no foul” is a common saying. As it turns out, that saying is sometimes true in law. An important prerequisite for a lawsuit in federal court is that the plaintiff have standing to sue. In layman’s terms, a plaintiff in federal court (and in the courts of many states) must have a stake… Continue reading No Harm, No Foul: Statutory Violations and Consumer Harm

HIGHLIGHTS: CASE SUMMARY: On April 24, 2025, the Federal Trade Commission (FTC) finalized a Decision and Order against an Artificial Intelligence (AI) Company (the “Company”), alleging that it made false and unsubstantiated claims about its AI Content Detector product, in violation of Section 5 of the FTC Act. The FTC alleged that the Company advertised… Continue reading Hudson Cook Enforcement Alert: FTC Takes Action against AI Company over Deceptive Accuracy Claims about AI Content Detection

A number of states have considered – and some have enacted – laws to regulate strategic partnerships between banks and technology companies that act as service providers. One such bill – Alaska’s Senate Bill 39/House Bill 132, titled “An Act relating to loans in an amount of $25,000 or less; relating to the Nationwide Multistate Licensing System… Continue reading Alaska’s Anti-Evasion Bill: A Threat to Small Business Lending and Modern Bank-Fintech Partnerships

In early March, the Massachusetts Attorney General’s Office finalized the commonwealth’s regulations on unfair and deceptive fees, which it refers to in its press release as “junk fee” regulations, while simultaneously issuing a business guidance document that provides interpretive gloss to the final rules. The rules, which were adopted nearly a year and a half… Continue reading What the Massachusetts “Junk Fee” Rules Mean for Automotive Sales and Marketing Efforts

If we could use only one word to describe the future of the Consumer Financial Protection Bureau, I think most of us would agree on the word “uncertain.” However, one thing seems certain to occur as we wait to see what will happen with the CFPB: a rise in state enforcement efforts. As he was… Continue reading The CFPB’s Future is Unclear, but Its $42 Million Judgment Still Sends a Clear Message

The first two months of 2025 were filled with numerous consumer protection actions by state AGs against vehicle dealers and players in the mortgage space, among others. The Democratic state AGs banded together to submit amicus briefs in two lawsuits challenging the Trump administration’s attempt to dismantle the federal Consumer Financial Protection Bureau. Given the… Continue reading The State Consumer Protection Beat: State AGs Kick Off 2025 with a String of Actions and Support for the CFPB

If we could use only one word to describe the future of the Consumer Financial Protection Bureau, I think most of us would agree on the word “uncertain.” However, one thing seems certain to occur as we wait to see what will happen with the CFPB: a rise in state enforcement efforts. As he was… Continue reading The CFPB’s Future is Unclear, but Its $42 Million Judgment Still Sends a Clear Message