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UDAAP

Alston & Bird

UDAAP Update: New York’s FAIR Act Signed Into Law

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On December 19, 2025, New York Governor Kathy Hochul signed into law Senate Bill 8416, the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act, (the “FAIR Act”), which updates Section 349 of...more

Kilpatrick

NAD's Newfound Interest in Financial Services Extends to B2B Marketing

Kilpatrick on

Two recent National Advertising Division decisions involving competing 401(k) providers underscore that NAD’s expanding focus on financial services advertising is not limited to consumer-facing debt-relief claims. ...more

Bradley Arant Boult Cummings LLP

New York’s FAIR Business Practices Act: What the Final Bill Changes and Why It Matters

New York has taken a significant step toward reshaping its consumer and market-protection framework with the enactment of the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act....more

Hinshaw & Culbertson - Consumer Crossroads

Governor Hochul Signs New York FAIR Business Practices Act, Greatly Enhancing Attorney General Enforcement Authority

On December 19, 2025, approximately six months after its approval by the New York State Legislature, Governor Kathy Hochul signed the Fostering Affordability and Integrity Through Reasonable Business Practices Act (the “FAIR...more

Shipkevich PLLC

Regulatory Alert: New York Enacts FAIR Business Practices Act, Broadening Unfair and Abusive Conduct Enforcement

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On December 19, 2025, New York enacted the Fostering Affordability and Integrity through Reasonable Business Practices Act (the “FAIR Business Practices Act” or the “Act”), representing the most significant overhaul of the...more

Venable LLP

New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation

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New York has amended its General Business Law to move beyond a deception-based consumer protection standard and authorize enforcement against unfair and abusive practices, giving the Attorney General materially broader...more

Hinshaw & Culbertson - Consumer Crossroads

Lenders Should Approach the Recent CFPB–MoneyLion Military Lending Act Settlement With Caution

On November 24, 2025, the court in CFPB v. MoneyLion Technologies, No. 1:22-cv-08308 (SDNY) entered a stipulated final judgment and order that settled the Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”)...more

Orrick, Herrington & Sutcliffe LLP

CFPB submits proposed settlement to resolve military lending and UDAAP enforcement action

On November 21, the CFPB and defendants jointly submitted a proposed stipulated final judgment and order to resolve litigation in the U.S. District Court for the Southern District of New York alleging violations of the...more

Bradley Arant Boult Cummings LLP

The FTC’s Final Rule on Unfair or Deceptive Fees Stole the Spotlight: Your Business Can’t Afford to Be Distracted

On May 12, 2025, the Federal Trade Commission’s Rule on Unfair or Deceptive Fees took effect, thereby thrusting the United States’ primary regulator of unfair or deceptive practices once more into the spotlight....more

Bradley Arant Boult Cummings LLP

Despite Vought’s Efforts to Dismantle the CFPB, Enforcement Will Continue – What Will It Look Like?

Russ Vought’s CFPB has been busier over the past two weeks, but not because of increased enforcement or supervision efforts. Instead, recent actions indicate that the administration intends to keep Vought in the acting...more

Hinch Newman LLP

Pennsylvania Announces Settlement with Mail Order Subscription Provider

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In November 2025, the Office of the Pennsylvania Attorney announced a $750,000 settlement with a collectibles company regarding its “negative option features” and other business practices....more

Kelley Drye & Warren LLP

34 State AGs Settle UDAP Autorenewal Allegations Against ​“JustFab” Subscriptions

Last month, a group of 34 state attorneys general—led by D.C, Maryland, Pennsylvania, and Texas—settled with TFG Holdings, a company known for brands such as JustFab and Shoedazzle, concerning its subscription practices. The...more

Husch Blackwell LLP

Alternative Commercial Finance Monthly | September 2025

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While ostensibly a regulator dedicated to the protection of consumers, if the last several years tell us anything, the Consumer Financial Protection Bureau (CFPB) is not shy about expanding its reach into the business-purpose...more

Troutman Pepper Locke

New York's FAIR Act: A Game-Changer for Regulatory Enforcement and Litigation — Regulatory Oversight Podcast

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In this crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis is joined by Joseph DeFazio, Bill Foley, and Michael Yaghi to discuss the implications of New York's FAIR Act, a significant...more

Troutman Pepper Locke

New York's FAIR Act: A Game-Changer for Regulatory Enforcement and Litigation — The Consumer Finance Podcast

Troutman Pepper Locke on

In this crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis is joined by Joseph DeFazio, Bill Foley, and Michael Yaghi to discuss the implications of New York's FAIR Act, a significant...more

Mayer Brown

CFPB Withdraws Plan to Rescind Rules Detailing Procedures for State Actions under the Dodd-Frank Act

Mayer Brown on

A decrease in Consumer Financial Protection Bureau (“CFPB” or “Bureau”) enforcement activity may motivate state regulators to fill the enforcement void, including by bringing actions under the Dodd-Frank Act. Earlier this...more

Orrick, Herrington & Sutcliffe LLP

CFPB publishes its unified agenda for spring 2025

Recently, the U.S. Office of Management and Budget received the CFPB’s Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, outlining 25 regulatory activities at different stages of the administrative process. ...more

Sheppard Mullin Richter & Hampton LLP

CFPB Releases Spring 2025 Agenda Signaling Deregulatory Shift

On September 4, the CFPB published its Spring 2025 Unified Agenda on the Office of Information and Regulatory Affair’s website. The agenda identifies 24 regulatory items across the final, proposed, and prerule stages,...more

Alston & Bird

New York’s FAIR Act: What Financial Services Compliance Teams Must Know

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What Happened? As we highlighted in March following its introduction, the New York’s Fostering Affordability and Integrity through Reasonable Business Practices (“FAIR”) Act represents a fundamental transformation of the...more

Husch Blackwell LLP

FDIC Removes Disparate Impact Theory from Compliance Exam Manual

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Before the Labor Day holiday weekend, the Federal Deposit Insurance Corporation (FDIC) updated the fair lending and unfair, deceptive act or practices (UDAP) chapters of its Consumer Compliance Examination Manual to remove...more

Holland & Knight LLP

Consumer Protection Investigations: What You Should Do

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses strategies and techniques for defending an investigation by a federal or state consumer protection agency in the current...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts state court allows consumer protection suit over home equity investment product to proceed

On August 21, a Massachusetts superior court denied a motion to dismiss filed by a financial technology company offering a home equity investment (HEI) product. The financial technology company asserted that the HEI is an...more

Orrick, Herrington & Sutcliffe LLP

CFPB and bankruptcy Trustee reach settlement in suit against fintech for failure to maintain accurate custodial accounts

On August 21, the CFPB filed an adversary proceeding complaint with the U.S. Bankruptcy Court for the Central District of California against a debtor fintech company, along with a proposed stipulated final judgment and order,...more

Hudson Cook, LLP

2025 State Enforcement Recap

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Until the Dodd-Frank Act, the states were at the forefront of consumer credit regulation and enforcement. The arrival of the federal Consumer Financial Protection Bureau gave the states, which typically operated within tight...more

Cozen O'Connor

FTC Sues LA Fitness to Cancel Unfair Membership Cancellation Practices

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The FTC has sued Fitness International, LLC and Fitness & Sports Clubs, LLC—the operators of “LA Fitness”—alleging that the gyms have made it extremely difficult for consumers to cancel memberships and recurring charges in...more

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