On February 12th, Senator Bernie Moreno (R-OH) and Representative Warren Davidson (R-OH) introduced the American Lending Fairness Act of 2026, legislation designed to restore long-standing federal interest rate exportation authority for state-chartered banks and credit unions engaged in interstate lending. The bill directly responds to the Tenth Circuit’s controversial 2-1 decision in National Association of Industrial Bankers v.… Continue Reading
FTC intends to issue ANPRM on Negative Option Plans
The FTC has announced that it has submitted an Advance Notice of Proposed Rulemaking (ANPRM) regarding negative option plans to the OMB Office of Information and Regulatory Affairs (OIRA) for review — an indication that the commission may be interested in revisiting click-to-cancel issues. The OIRA has disclosed that it received the ANPRM on February 4. … Continue Reading
GAO issues initial report addressing CFPB reorganization and downsizing efforts
The U.S. Government Accountability Office (GAO) recently released a report in response to a request by members of Congress that it assess the effect of recent stop-work orders, workforce reductions, contract terminations, and other related actions on the CFPB’s ability to fulfill its statutorily mandated functions. The report addresses the status of CFPB’s significant reorganization and downsizing efforts from February through August 2025.… Continue Reading
Former New Jersey Attorney General Matt Platkin Launches Law Firm to Continue Fighting for the Public Good
We were honored to host former New Jersey Attorney General Matt Platkin on our live webinar on January 17, 2025 where I conducted a “fireside chat” with him that, because of its popularity, was later repurposed on our weekly podcast show, Consumer Finance Monitor. At that time, Matt spoke passionately about the evolving landscape of consumer protection and how his office was preparing to fill the anticipated gap left by efforts to scale back the Consumer Financial Protection Bureau (CFPB).… Continue Reading
Justice Department and State of Texas settle allegations against Colony Ridge
The Justice Department and State of Texas recently entered into a settlement agreement with Colony Ridge Development, LLC and related entities (Colony Ridge) to settle allegations that Colony Ridge violated certain federal and state laws. The Justice Department had alleged violations of the Equal Credit Opportunity Act (ECOA) and Fair Housing Act (FHA).… Continue Reading
Today’s podcast episode: A Sea Change in New York Consumer Protection Law: Inside the FAIR Act
In the episode of the Consumer Finance Monitor podcast we are releasing today, we examine what may be the most consequential development in New York consumer protection law in nearly half a century: the enactment of the New York State Fair Business Practices Act (the FAIR Act).
Signed into law in December 2025 and taking effect on February 17, 2026, the FAIR Act represents the first comprehensive overhaul of New York General Business Law § 349 in almost 50 years.… Continue Reading
Senator Warren Presses CFPB Acting Director Over Credit Card Fees and Agency Retrenchment
Senator Elizabeth Warren has sent a sharply worded letter to CFPB Acting Director Russell Vought that crystallizes an unusual moment in consumer financial services regulation: a populist-sounding call from President Trump to cap credit card interest rates at 10 percent, paired with what Warren characterizes as a deliberate dismantling of the very agency that would be central to implementing any such reform.… Continue Reading
CFPB soliciting comments on how to improve Consumer Response Intake Form
In the request for comments, the CFPB states that it is soliciting comments on how to improve its Consumer Response Intake Form. The CFPB advises that Consumer Response Intake Form is designed to help consumers in submitting complaints, inquiries and feedback.
Consumers may complete and submit information using the Intake Form on the Bureau’s website.… Continue Reading
FDIC creates new office to handle appeals of material supervisory determinations
In a move viewed favorably by FDIC-regulated institutions, the FDIC has approved amendments to the agency’s Guidelines for Appeals of Material Supervisory Determinations that were proposed back in July of 2025. A new supervisory appeals office will now establish review panels that include someone with bank supervisory experience and someone with industry experience.… Continue Reading
HUD Revised Foreclosure Bidding Process for FHA Loans
The U.S. Department of Housing and Urban Development (HUD) recently revised the requirements for bidding at a foreclosure sale and for utilizing Claims Without Conveyance of Title (CWCOT), including Post-Foreclosure Sales Efforts through the issuance of Mortgagee Letter 2026-03. The changes apply to all single-family forward mortgages under the Title II program, except for Hawaiian Home Lands Mortgages and Insured Mortgages on Indian Land.… Continue Reading