Author Info for Hudson Cook, LLP

Catharine Andricos

Federal Bank Regulatory Agencies Issue Final Joint Guidance for Managing Third-Party Relationship Risks

On June 6, 2023, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Office of the Comptroller of the Currency issued final joint guidance addressing bank management of… more

Banking Regulators, Banking Sector, Banks, FDIC, Federal Reserve

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Frank Bishop, Jr.

CFPB Issues Consent Order Related to Bank's Duplicative Force-Placed Insurance Policies

On July 9, 2024, the Consumer Financial Protection Bureau issued a consent order against a nationally chartered bank that, among other things, includes a number of allegations related to the bank's policies regarding… more

Automotive Loans, Banks, Call Centers, Collateral, Consent Order

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Catherine Brennan

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

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 explores… more

Advertising, Banks, Consumer Financial Products, Debt, Debt Settlement Services

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Thomas Buiteweg

CFPB Bites of the Month - 2024 Annual Review - Auto

In this article, we share a timeline of our monthly "bites" for 2024 applicable to the auto finance industry… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Enforcement Actions

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Trisha Cacciola

[Webinar] Compliance Coffee Break - ECOA and/or Fair Lending - June 10th, 2:00 pm - 2:30 pm ET

Please join Hudson Cook partners Trisha Cacciola and Patty Covington for an update on the current state of ECOA and fair lending regulation under the new administration… more

Borrowers, Credit Applicants, Credit Discrimination, Creditors, ECOA

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Anastasia Caton

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

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… more

California Consumer Privacy Act (CCPA), Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Debt Collection, Enforcement Actions

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Patricia Covington

[Webinar] Compliance Coffee Break - ECOA and/or Fair Lending - June 10th, 2:00 pm - 2:30 pm ET

Please join Hudson Cook partners Trisha Cacciola and Patty Covington for an update on the current state of ECOA and fair lending regulation under the new administration… more

Borrowers, Credit Applicants, Credit Discrimination, Creditors, ECOA

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Chuck Dodge

CFPB Bites of the Month - 2024 Annual Review - Debt Collection

In this article, we share a timeline of our monthly "bites" for 2024 applicable to debt collection practices. Like 2023, the theme of 2024 was medical debt collection… more

Automotive Loans, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Debt Collection

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Jason Esteves

Speaking Multiple Languages Is Great for Business, but Do You Know When You Are Required to Provide Translated Documents?

The United States is a big melting pot of cultures, ethnicities, and languages. This diversity is great for business, but if you are advertising that your business speaks "Spanish" or that your business can assist customers in… more

Advertising, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Foreign Language, Marketing

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Katherine Fisher

California DFPI Issues Final Rules on Commercial Financing UDAAP and Annual APR Reporting

The California Department of Financial Protection and Innovation became the nation's first regulator with authority to police "abusive" acts and practices in commercial financing when it recently adopted final regulations to… more

Annual Percentage Rate (APR), Annual Reports, Commercial Loans, Department of Financial Protection and Innovation (DFPI), Final Rules

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Robert Gage

North Dakota Law Regulates "Alternative Financing" as a "Loan"

The state legislature in North Dakota recently passed House Bill 1127. This bill made a simple amendment to a 1970s-era law called the Money Brokers Act ("MBA")… more

Consumer Financial Products, Financial Regulatory Reform, FinTech, Lenders, Loans

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Michael Goodman

FCC's New Robocall One-to-One Consent Standard Postponed by FCC and Vacated by Court on Eve of Effective Date

On January 24, 2025, three days before the Federal Communications Commission's new Telephone Consumer Protection Act "one-to-one" consent standard was due to take effect, the FCC issued an order postponing the standard's… more

Consent, Consumer Protection Laws, Effective Date, FCC, Lead Generators

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Jay Harris

Leasing Compliance Shifts for Summer 2025

With the summer wave of state legislative adjournments ending, residential property managers are confronting a new landscape of regulatory obligations. Several states and municipalities have enacted or finalized laws and rules… more

Disclosure Requirements, Fees, Leases, Marketing, Municipalities

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David Hicks

No U-Turns

Interstate 70 is a 2,100-mile highway that begins in the mountains of Cove Fort, Utah, and ends just outside Baltimore. Parts of I-70 in Kansas and Missouri were among the first sections of interstate highway ever built, and the… more

Arbitration, Arbitration Agreements, Consumer Financial Products, Counterclaims, Creditors

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Justin Hosie

Consumer Financial Services Bites of the Month - June 2025

In this month's article, we share some of our top "bites" covered during the June 2025 webinar… more

Car Dealerships, Congressional Investigations & Hearings, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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Thomas Hudson

'Everything but the Kitchen Sink' Complaints

Some plaintiffs' lawyers operate on the theory that if you fling enough bovine byproduct against the barn wall, some of it will stick. They include in their complaints every possible claim, regardless of how tenuously those… more

Automotive Loans, Breach of Contract, Car Dealerships, Covenant of Good Faith and Fair Dealing, Credit Reports

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Eric Johnson

Consumer Financial Services Bites of the Month - June 2025

In this month's article, we share some of our top "bites" covered during the June 2025 webinar… more

Car Dealerships, Congressional Investigations & Hearings, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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Erik Kosa

California Regulator Signals New Era in Privacy Enforcement

In March, 2025, 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… more

Automotive Industry, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consent Order, Consumer Privacy Rights

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Erica A.N. Kramer

FTC Targets Accessibility Overlays

On January 3, 2025, the Federal Trade Commission ("FTC") announced a proposed $1,000,000 settlement with accessiBe Inc. and accessiBe Ltd. accessiBe is a software provider that sells an AI-powered web accessibility tool called… more

Artificial Intelligence, Consumer Protection Laws, Enforcement Actions, False Advertising, Federal Trade Commission (FTC)

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Taylor Krowitz

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

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… more

Annual Reports, Auto Lease, Automotive Industry, Car Dealerships, Consumer Complaint System

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Rebecca Kuehn

Virginia Legislature Contemplates Radically Reshaping Existing Interest Rate Authority for Many Lenders

Virginia's Interest and Usury Chapter (the "Chapter"), found in the Financial Institutions and Services Title of the Virginia Code, sets out basic rules for what rates of interest various entities may charge in the state… more

Banks, Consumer Financial Products, Consumer Lenders, Consumer Protection Laws, FinTech

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Daniel Laudicina

FTC Proposes Largest Dealer Fine in Its History

On December 19, 2024, the Federal Trade Commission announced a proposed $20 million settlement with Leader Automotive Group and its parent company, AutoCanada, to resolve claims brought by the FTC and the State of Illinois… more

Add-ons, Canada, Car Dealerships, Consumer Protection Laws, Corporate Fines

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Wingrove Lynton

Business Law Today April Month-in-Brief Posts

Maryland Commissioner of Financial Regulation Asserts Action against Non-Maryland State Bank for Lending Without State License - On January 21, 2021, the Maryland Commissioner of Financial Regulation filed an administrative… more

AMG Capital Management LLC v FTC, Facebook, Facebook Inc v Duguid, Financial Regulatory Agencies, Financial Services Industry

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Joseph (Jed) Mayk

CFPB Bites of the Month - 2024 Annual Review - Mortgage

In this article, we share a timeline of our monthly "bites" for 2024 applicable to the mortgage industry. There was also a flurry of last-minute action by the CFPB in the mortgage space in the waning days of the Biden… more

Closing Costs, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Fees, Mortgage Lenders

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Webb McArthur

[Webinar] The Data Edge: Developments that Matter to Your Data Compliance - June 24th, 2:00 pm - 2:30 pm ET

Hudson Cook, LLP is proud to announce the launch of The Data Edge: Developments that Matter to Your Data Compliance, a new monthly webinar series designed to help privacy and compliance professionals stay informed and prepared… more

Artificial Intelligence, Chief Compliance Officers, Chief Privacy Officer, Chief Technology Officer (CTO), Compliance

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Mark Metrey

Leasing Compliance Shifts for Summer 2025

With the summer wave of state legislative adjournments ending, residential property managers are confronting a new landscape of regulatory obligations. Several states and municipalities have enacted or finalized laws and rules… more

Disclosure Requirements, Fees, Leases, Marketing, Municipalities

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Lucy Morris

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

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, along… more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Enforcement Actions, Financial Regulatory Reform

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Eric Mulligan

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

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… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Financial Services Industry, Financing

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Nicole Munro

Time to Pull Out the Trusty Old Crystal Ball

Eric Johnson, Patty Covington, and Nikki Munro located the old crystal ball, dusted it off, and looked intently at it to come up with auto sales, finance, and lease predictions for this year. Here's what they saw. Originally… more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Consumer Privacy Rights

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Megan Nicholls

[Webinar] The Data Edge: Developments that Matter to Your Data Compliance - June 24th, 2:00 pm - 2:30 pm ET

Hudson Cook, LLP is proud to announce the launch of The Data Edge: Developments that Matter to Your Data Compliance, a new monthly webinar series designed to help privacy and compliance professionals stay informed and prepared… more

Artificial Intelligence, Chief Compliance Officers, Chief Privacy Officer, Chief Technology Officer (CTO), Compliance

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L. Jean Noonan

Is Different Pricing for Non-Credit Products and Services Illegal Discrimination? Yes, Says the CFPB, Massachusetts, and the FTC

The Consumer Financial Protection Bureau made news this year when it announced that it considered discrimination to be illegal as an "unfair" practice, including in situations where fair lending laws do not apply. In March, the… more

Car Dealerships, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Discrimination

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Thomas Quinn, Jr.

What the Massachusetts "Junk Fee" Rules Mean for Automotive Sales and Marketing Efforts

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… more

Advertising, Automotive Industry, Consumer Financial Products, Consumer Protection Laws, Disclosure Requirements

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Mark Rooney

FTC Takes Action against AI Company over Deceptive Accuracy Claims about AI Content Detection

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… more

Algorithms, Artificial Intelligence, Consent, Enforcement Actions, False Advertising

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Jennifer Sarvadi

Why You Need a Website Privacy Policy

Privacy is a growing area of regulation in the United States, and not just for large institutions like national banks. If you do business in the United States, it is becoming increasingly likely that you are covered by a law… more

Consumer Privacy Rights, Data Protection, Financial Services Industry, Internet, Privacy Policy

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H. Blake Sims

The CFPB 4.0 - A Year of Changes: New Director, New Developments, New Directions

We've recently seen en unprecedented level of change at the Consumer Financial Protection Bureau (CFPB) including new leadership (twice), new activity, and a new take on the agency's small dollar lending rules. Nothing may be… more

Consumer Financial Protection Bureau (CFPB), Director Kraninger, Director Mulvaney, Rescission, Small Dollar Lenders

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Ryan Stinneford

New York Amends Credit Card Surcharge Statute

As the Kansas City Chiefs were winning the big game, New York made a big change to its law governing credit card surcharges. While definitions of the term may vary, a "surcharge" is generally understood to mean a higher… more

Compliance, Consumer Financial Products, Credit Card Surcharges, Credit Cards, Enforcement Authority

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Clayton Swears

Is Purchasing Debt Without a License an Unlawful Collection Activity?

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… more

Appeals, Debt Buyers, Debt Collection, FDCPA, Licensing Rules

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Robert Tilley

Eighth Circuit Vacates FTC's Negative Option Rule

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… more

Administrative Procedure Act, Appeals, Automatic Renewals, Consumer Protection Laws, Federal Trade Commission (FTC)

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Tracy Wang

The CFPB's Future is Unclear, but Its $42 Million Judgment Still Sends a Clear Message

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… more

Banking Sector, Bankruptcy Code, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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Julia Whitelock

[Webinar] Litigation Lessons - Summer Lessons - July 17th, 2:00 pm - 2:30 pm ET

Join Hudson Cook partners Julia Whitelock and Rob Tilley for a quarterly consumer and government enforcement litigation webinar. The webinars will feature a discussion of recent, notable cases involving the consumer financial… more

Consumer Financial Products, Consumer Litigation, Enforcement Actions, Financial Services Industry, Litigation Strategies

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K. Dailey Wilson

Data Security Déjà Vu: FTC Finalizes Notification Event Amendment to Safeguards Rule

Does anyone else feel like Bill Murray in Groundhog Day, where his character keeps experiencing the same day over and over and over again? It seems like the Federal Trade Commission just amended the Safeguards Rule yesterday,… more

Amended Rules, Data Breach, Data Security, Federal Trade Commission (FTC), Financial Services Industry

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Kristen Yarows

Eighth Circuit Vacates FTC's Negative Option Rule

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… more

Administrative Procedure Act, Appeals, Automatic Renewals, Consumer Protection Laws, Federal Trade Commission (FTC)

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Latif Zaman

Court Allows Claim that Purchase of Ancillary Product Was Condition of Credit to Proceed, Based on Alleged Verbal Representation

The advertising, sale, and financing of products ancillary to a credit transaction have been areas of regulatory scrutiny for years. Likewise, the always crucial question of what constitutes a cost of credit to be included in… more

Automotive Loans, Consumer Financial Products, Consumer Lenders, Finance Charges, Putative Class Actions

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