In the latest episode of the Consumer Finance Monitor podcast that we are releasing today, we explore a topic that is becoming increasingly important for financial services companies and virtually every other business operating in today’s digital economy: how privacy, cybersecurity, and AI governance can be transformed from compliance obligations into sources of customer confidence, resilience,…
The purpose of this blog is to respond to questions we have received as to why a state like Colorado would ever use Section 525 of DIDMCA to opt out of Section 521 of DIDMCA if it would not preclude rate exportation by out-of-state, state-chartered banks. The question suggests that Congress would not have enacted Section 525 for any purpose other than to prevent rate exportation.... Continue…
The Federal Trade Commission (FTC) has taken another important step in the rapidly developing debate over “surveillance pricing.” On August 19, the FTC issued for public comment a Proposed Enforcement Policy Statement Regarding Personalized Pricing, warning businesses that using consumers’ personal data to set individualized prices without adequate disclosure may violate Section 5 of the FTC Act.…
The battle over the scope of the Office of the Comptroller of the Currency’s authority to preempt state consumer financial laws has entered a new phase. On August 11, 2026, Oregon and nine other states with “blue” attorneys general filed a lawsuit challenging two rules adopted by the OCC that purport to preempt state laws requiring mortgage lenders to pay interest on funds held in escrow…
The Consumer Financial Protection Bureau announced on August 14, 2026, that it will cease its discretionary publication of consumer complaint narratives and associated data visualizations in the Consumer Complaint Database which it is statutorily required to maintain under the Dodd-Frank Act. The CFPB’s announcement represents a significant change in the way the Bureau makes consumer complaint…
According to an exclusive Bloomberg Law report , the Federal Deposit Insurance Corporation is considering plans to work with banking and financial technology industry groups to establish a new standard-setting organization. The report is based on a term sheet that would establish a Banking Industry Standards Development Organization (BISDO) to develop standards and issue standard certifications to…
In March, we re p orted on New York City’s new Stopping Harassment and Intimidation and Ensuring Lawful Debt Collection Rule (the “SHIELD Rule”), which substantially expands the Department of Consumer and Worker Protection’s (“DCWP”) regulation of debt collection in New York City and goes beyond the federal Fair Debt Collection Practices Act (“FDCPA”) and Regulation F. ... Continue Reading
The Federal Trade Commission (FTC) has taken a major step toward dismantling two theories of discrimination. In a new Policy Statement Regarding Disparate-Impact Claims and “Unfair Discrimination” Claims, the FTC announces that it will no longer pursue disparate-impact claims under the FTC Act or the Equal Credit Opportunity Act (ECOA). Just as significantly, although less prominently emphasized…
The Senate Judiciary Committee’s Subcommittee on Crime and Counterterrorism held an unusually consequential hearing on August 4 entitled “ Your Data, Their Profit: The Consumer Cost of AI Surveillance Pricing .” The hearing produced something that has become increasingly rare in Washington: substantial bipartisan agreement that Congress should do something about the use of consumers’ personal data…
Introduction Illinois has joined a growing number of states that are expanding fair lending obligations at the state level even as the federal government moves in the opposite direction. On July 31, 2026, SB 3777 became Public Act 104-0744 , amending the Illinois Human Rights Act (Act) to prohibit not only intentional discrimination in lending and credit card issuance, but also the use of facially…
