Oregon and nine other states argue that the OCC unlawfully preempted state interest-on-escrow laws, that Oregon is a proper venue, and that their challenge to the agency’s authority should proceed. The court expects to rule on the OCC’s motions by November 20.

Ten states challenging the Office of the Comptroller of the Currency’s (OCC) mortgage interest-on-escrow rules have opposed the agency’s motion to dismiss or transfer the case.… Continue Reading

The consumer reporting system is undergoing rapid change, raising important questions for financial institutions, consumer reporting agencies, data furnishers, and consumers. In this week’s episode of the Consumer Finance Monitor podcast, our host Alan Kaplinsky (founder, former practice group leader for 25 years and now Senior Counsel of our Consumer Financial Services Group) is joined by Dan Smith, President and CEO of the Consumer Data Industry Association (CDIA), and Adam Maarec, a member of our Consumer Financial Services Group, for an in-depth discussion of the legal, regulatory, and technological developments reshaping the consumer reporting ecosystem.… Continue Reading

The Federal Reserve and the FDIC have extended until Nov. 4 the deadline for comments on a proposal governing extension of credit by banks to their executive officers, directors, principal shareholders, and their related interests.

“Since the publication of the proposal, commenters have requested that the Board extend the comment period.… Continue Reading

The staff of the Federal Trade Commission has published Frequently Asked Questions  (FAQs) to warn the automobile industry that it must comply with FTC Act requirements on vehicle pricing.

The guidance emphasizes that the advertised price of a vehicle must be the actual price that a consumer can walk in and pay to purchase the vehicle.… Continue Reading

On October 8, 2026, at the request of Mayor Zohran Mamdani, the New York City Council introduced Int. No. 1105, the POWER (People and Organizations Winning Economic Relief) Act. Sponsored by Council Member Harvey D. Epstein, the bill would prohibit unfair methods of competition and unfair, deceptive, abusive, or unlawful acts or practices in or affecting business, trade, or commerce.… Continue Reading

The Supreme Court’s June 29, 2026 decisions in Trump v. Slaughter and Trump v. Cook raise fundamental questions about presidential power, the independence of federal agencies, and the constitutional structure of the administrative state. Although both cases involved the President’s authority to remove federal officials, the Court’s decisions appear to point in different directions.… Continue Reading

Artificial intelligence is increasingly changing single‑plaintiff consumer litigation, particularly by enabling pro se plaintiffs to file longer, more citation‑dense complaints more quickly, while simultaneously giving defense counsel tools to assess cases, identify weaknesses, and pursue early resolution or dismissal strategies. In the first episode of this series focusing on consumer financial services litigation, Joseph Schuster and Matthew Morr, partners at Ballard Spahr in our Consumer Financial Services Group, discuss both the tactical opportunities and the professional responsibility/ethics risks created by AI use in litigation.… Continue Reading

Noting that impersonation scams have topped the list of consumer fraud complaints reported to the FTC in recent years, the commission is considering whether to update its Rule on Impersonation of Government and Businesses or take other action to prevent ad-optimization practices by online platforms that may be furthering impersonation scams.… Continue Reading

California has once again expanded its regulation of financial services. On September 30, 2026, Governor Gavin Newsom signed Assembly Bill 2116, which will subject a broad range of commercial financing providers and brokers to licensing, substantive conduct requirements, and regulatory oversight by the California Department of Financial Protection and Innovation (DFPI).… Continue Reading

Saying that taking action against payment processors is an effective way to reach foreign and domestic businesses that scam consumers, the FTC has announced it has settled with two such processors, Nuvei and Humboldt Merchant Services.

“Payment processors are crucial intermediaries between businesses and consumers that must take their role seriously and operate in good faith to screen out bad actors; they should be able to do so without fear that they will become responsible whenever an associated merchant behaves poorly,” Commission Chairman Andrew N.… Continue Reading