We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging 2023. Courts across the country issued rulings that will have immediate and lasting impacts on the industry. Our team of more than 140 professionals has prepared this concise, yet thorough analysis of the most important issues and trends throughout our industry. We not only examined what happened in 2023, but also what to expect — and how to prepare — for the months ahead.

This is our eighth year of publishing this highly anticipated compendium of valuable industry information, and we are pleased to make it available to you.

Chris Willis, co-chair of the CFS Regulatory Practice, Announces the Publication of the 2023 CFS Year in Review and A Look Ahead

To access the report and to learn about our complementary webinar and podcast offerings, please click here.

To download and share our report, please click here.

Topics covered include:

  • Auto finance
  • Background screening
  • Bankruptcy
  • Consumer class actions
  • Consumer credit reporting
  • Debt collection
  • Digital assets
  • Fair lending and UDAAP
  • Fintech
  • Mortgage
  • Payment processing and cards
  • Small dollar lending
  • Student lending
  • Telephone Consumer Protection Act (TCPA)
  • Tribal lending
  • Uniform Commercial Code (UCC) and banking

We hope you find this report insightful and valuable. We are here as your trusted resource to help you understand and tackle today’s challenges, while preparing you for what lies ahead.

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Photo of David N. Anthony David N. Anthony

David Anthony handles litigation against consumer financial services businesses and other highly regulated companies across the United States. He is a strategic thinker who balances his extensive litigation experience with practical business advice to solve companies’ hardest problems.

Photo of Brooke Conkle Brooke Conkle

Brooke Conkle offers consumer-facing companies compliance counseling and litigation services to help them address federal and state consumer protection laws. Recognizing the challenges facing financial services companies, she provides in-depth analysis of complex issues related to consumer protection and compliance.

Photo of Jason Cover Jason Cover

Jason’s in-depth experience advising on consumer lending matters both as in-house counsel and outside advisor provides extensive industry knowledge for his financial services clients.

Photo of D. Kyle Deak D. Kyle Deak

Kyle Deak is a trial attorney with experience at both the trial and appellate levels in state and federal courts throughout the United States, helping his clients achieve efficient and practical resolution of disputes.

Photo of Virginia Bell Flynn Virginia Bell Flynn

Virginia is a partner in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice. She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes…

Virginia is a partner in the firm’s Consumer Financial Services practice and specifically within the Financial Services Litigation practice. She represents clients in federal and state court, both at the trial and appellate level in the areas of complex litigation and business disputes, health care litigation, including ERISA and out-of-network issues, and consumer litigation in over 21 states nationwide. As a result of new legal developments, she increasingly counsels clients to ensure they comply with the myriad of growing laws in the consumer law with a particular emphasis on the intersection of TCPA and HIPAA.

Photo of Chad R. Fuller Chad R. Fuller

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents…

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents clients in consumer class actions and general business litigation. Chad has particular speciality with the Telephone Consumer Protection Act, and has also broadened his practice into more traditional areas of health care litigation.

Photo of Mark Furletti Mark Furletti

Mark helps clients navigate regulatory risks posed by state and federal laws aimed at protecting consumers and small business, particularly in connection with credit, deposit, and payments products. He is a trusted advisor, providing practical legal counsel and advice to providers of financial

Mark helps clients navigate regulatory risks posed by state and federal laws aimed at protecting consumers and small business, particularly in connection with credit, deposit, and payments products. He is a trusted advisor, providing practical legal counsel and advice to providers of financial services across numerous industries.

Photo of David M. Gettings David M. Gettings

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer

Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA) and associated FCC regulations, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Electronic Fund Transfer Act, and many similar state consumer protection statutes.

Photo of Cindy D. Hanson Cindy D. Hanson

Consumer finance clients trust Cindy’s experience and skill to resolve their most challenging cases. Focused on class action defense, Cindy has handled numerous FCRA cases and is the point of contact for consumer protection defense.

Photo of Jon S. Hubbard Jon S. Hubbard

Jon Hubbard is an attorney with substantial experience in the financial services and insurance industries. Jon represents clients across the country in class actions, consumer litigation, contract and insurance disputes, pre-litigation analysis, and regulatory compliance.

Photo of Stefanie Jackman Stefanie Jackman

Stefanie takes a holistic approach to working with clients both through compliance counseling and assessment relating to consumer products and services, as well as serving as a zealous advocate in government inquiries, investigations, and consumer litigation.

Photo of H. Scott Kelly H. Scott Kelly

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including

Scott is a consumer data and privacy specialist. He regularly defends against data breach lawsuits and class action claims asserted under federal and state consumer-protection statutes (FCRA, FDCPA, TCPA, UCC, UDAAP, RICO). Scott represents companies on an array of data privacy issues, including background screening, consumer reporting, data breaches, ransomware attacks, and related regulatory investigations by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state attorneys general.

Photo of James Kim James Kim

As a former senior enforcement attorney with the CFPB, James provides the industry knowledge and expertise that fintechs and financial institutions require when launching new products or facing regulatory scrutiny.

Photo of Kalama Lui-Kwan Kalama Lui-Kwan

Kalama represents parties in complex commercial disputes arising out of M&A deals. He also has a national litigation practice representing consumer-facing companies in class actions and regulatory investigations.

Photo of Jason E. Manning Jason E. Manning

Jason Manning is a commercial trial attorney with a focus on defending consumer-facing companies against class action and individual consumer protection claims. He has particular experience representing clients in mortgage- and auto finance-related litigation in state and federal courts.

Photo of Ethan G. Ostroff Ethan G. Ostroff

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their

Ethan’s practice focuses on financial services litigation and compliance counseling, as well as digital assets and blockchain technology. With a long track record of successful litigation results across the U.S., both bank and non-bank clients rely on him for comprehensive advice throughout their business cycle.

Photo of Kim Phan Kim Phan

Kim is a partner in the firm’s Privacy + Cyber Practice Group, where she is a privacy and data security attorney, who also assists companies with data breach prevention and response, including establishing effective security programs prior to a data breach and the

Kim is a partner in the firm’s Privacy + Cyber Practice Group, where she is a privacy and data security attorney, who also assists companies with data breach prevention and response, including establishing effective security programs prior to a data breach and the assessment of breach response obligations following a breach.

Photo of Lori Sommerfield Lori Sommerfield

With over two decades of consumer financial services experience in federal government, in-house, and private practice settings, and a specialty in fair lending regulatory compliance, Lori counsels clients in supervisory issues, examinations, investigations, and enforcement actions.

Photo of Tim J. St. George Tim J. St. George

Tim defends institutions nationwide facing class actions and individual lawsuits. He has particular experience litigating consumer class actions, including industry-leading expertise in cases arising under the Fair Credit Reporting Act and its state law counterparts, as well as litigation arising from data breaches.

Photo of Chris Willis Chris Willis

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending…

Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending them in individual and class action lawsuits brought by consumers and enforcement actions brought by government agencies.

Photo of Mary C. Zinsner Mary C. Zinsner

Mary focuses her practice on litigation and strategy in lender liability, check and bank operation, class action, consumer finance, fiduciary matters, and creditor’s rights disputes. While Mary litigates extensively in the federal and state trial and appellate courts in Virginia, Maryland, and the…

Mary focuses her practice on litigation and strategy in lender liability, check and bank operation, class action, consumer finance, fiduciary matters, and creditor’s rights disputes. While Mary litigates extensively in the federal and state trial and appellate courts in Virginia, Maryland, and the District of Columbia, and the U.S. Court of Appeals for the Fourth Circuit, she represents banking clients in cases of all sizes nationwide.

Photo of Elizabeth Andrews Elizabeth Andrews

A litigator with twenty years of experience, Elizabeth serves as lead appellate counsel for high stakes and complex matters across many of the firm’s practice groups, including financial services, insurance, managed health care, environmental/land use, and general business litigation.

Photo of Megan Burns Megan Burns

Megan Burns handles complex litigation for national banks, mortgage investors and loan servicers, especially the defense of class actions. Experienced with numerous federal and state consumer protection statutes, Megan helps clients posture cases for early and favorable resolution whenever possible.

Photo of Jonathan Kenney Jonathan Kenney

Jonathan Kenney manages class action and individual litigation with a primary focus on consumer law, business disputes and commercial disputes. He has particular experience in Kentucky and West Virginia, where he has successfully tried cases before both state and federal courts.

Sarah Pruett

Sarah defends banks, fintechs, and financial services companies facing state and federal government investigations, enforcement proceedings, and individual and class action lawsuits involving the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Equal Credit Opportunity Act (ECOA), Truth in Lending…

Sarah defends banks, fintechs, and financial services companies facing state and federal government investigations, enforcement proceedings, and individual and class action lawsuits involving the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Equal Credit Opportunity Act (ECOA), Truth in Lending Act (TILA), Title X of the Dodd-Frank Act (UDAAP), state consumer protection laws, and fraud.

Photo of Sarah Reise Sarah Reise

Sarah defends financial services providers in individual and class action lawsuits brought by consumers. She represents clients in government inquiries, examinations, and investigations, and assists clients with compliance advice related to consumer financial products.

Photo of Caleb Rosenberg Caleb Rosenberg

Caleb is counsel in the firm’s Consumer Financial Services Practice Group. He focuses his practice on helping federal and state-chartered banks, fintech companies, finance companies, and licensed lenders navigate regulatory risks posed by state and federal laws aimed at protecting consumers and small…

Caleb is counsel in the firm’s Consumer Financial Services Practice Group. He focuses his practice on helping federal and state-chartered banks, fintech companies, finance companies, and licensed lenders navigate regulatory risks posed by state and federal laws aimed at protecting consumers and small businesses in the credit and alternative finance products industry.

Photo of Jim Trefil Jim Trefil

James K. Trefil is counsel in Troutman Pepper’s Consumer Financial Services practice, with a primary focus on Financial Services Litigation. His practice includes the representation of clients in federal and state court, both at the trial and appellate level, with a focus on…

James K. Trefil is counsel in Troutman Pepper’s Consumer Financial Services practice, with a primary focus on Financial Services Litigation. His practice includes the representation of clients in federal and state court, both at the trial and appellate level, with a focus on areas of complex litigation, financial services litigation and consumer litigation. James has represented clients within these areas in a wide variety of litigation matters involving class actions, contracts, torts, and federal and state consumer protection laws.

Photo of Mark J. Windham Mark J. Windham

Mark is counsel in the firm’s Consumer Financial Services Practice Group. Mark’s practice includes representing national, regional and local banks, nonbank lenders, and mortgage servicers in federal and state litigation.

Photo of Elizabeth Briones Elizabeth Briones

Elizabeth is an associate in the Consumer Financial Services practice who represents businesses large and small – from corporations to local partnerships. She is an experienced litigator with a background in complex matters ranging from corporate contract disputes, premises liability, negligence, fraud, and…

Elizabeth is an associate in the Consumer Financial Services practice who represents businesses large and small – from corporations to local partnerships. She is an experienced litigator with a background in complex matters ranging from corporate contract disputes, premises liability, negligence, fraud, and other business torts. She has appeared in state, federal, and multidistrict litigation.

Photo of Chris Capurso Chris Capurso

Chris focuses his practice on consumer financial services compliance, guiding clients through the many federal and state laws and regulations that impact consumer credit programs.

Photo of Peter Cox Peter Cox

Peter is an associate in the firm’s Consumer Financial Services practice.

*Licensed to practice law in the District of Columbia; application pending for admission to Virginia Bar.

Photo of Joseph DeFazio Joseph DeFazio

Joseph DeFazio has extensive experience as a trial and appellate litigator in federal and state courts. He represents and advises a wide array of financial services companies in matters related to consumer protection laws and regulations.

Photo of Jonathan DeMars Jonathan DeMars

Jonathan advises financial services institutions and consumer-facing companies in various litigation, regulatory, and compliance matters arising under state and federal law. He leverages his significant background in defending government investigations and securities law to provide straightforward commercial solutions to complex issues.

Photo of Noah DiPasquale Noah DiPasquale

Noah helps clients in the consumer finance industry navigate national class-action litigation by employing rigorous advocacy skills to pursue client goals.

Photo of Erin Edwards Erin Edwards

Erin focuses her litigation practice on defending financial institutions against class actions and individual claims involving loan origination, servicing, and investments. This includes lawsuits brought under federal statutes — RESPA, TILA, FCRA, FDCPA, TCPA, EFTA, and UDAAP — as well as state-specific fair…

Erin focuses her litigation practice on defending financial institutions against class actions and individual claims involving loan origination, servicing, and investments. This includes lawsuits brought under federal statutes — RESPA, TILA, FCRA, FDCPA, TCPA, EFTA, and UDAAP — as well as state-specific fair lending, collections, and deceptive trade practice laws. Erin also has significant experience resolving property title, transfer, and lien priority disputes for her clients. Her in-depth understanding of the financial services industry gives her a unique advantage in prosecuting and defending high-stakes deceptive business practices claims, such as trade secret misappropriation and Sherman Act violations.

Photo of Christine Emello Christine Emello

Christine focuses her practice on consumer financial services matters, with an emphasis on disputes, litigation, investigations, and examinations. She has worked on both federal and state court cases in jurisdictions across the U.S. Christine drafts pleadings, including complaints, motions, and responses, and prepares…

Christine focuses her practice on consumer financial services matters, with an emphasis on disputes, litigation, investigations, and examinations. She has worked on both federal and state court cases in jurisdictions across the U.S. Christine drafts pleadings, including complaints, motions, and responses, and prepares witnesses for cases involving state and federal laws such as the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA). She has worked on cases for a variety of financial institutions, banks, and lenders, including a large multinational bank, a major national health care consulting firm, and a leading worldwide online payments platform.

Photo of Jonathan Floyd Jonathan Floyd

Jonathan is an associate in the Consumer Financial Services Practice Group, with a primary focus on financial services litigation. He represents clients in class actions and business disputes in both federal and state courts.

Photo of Taylor Gess Taylor Gess

Taylor focuses her practice on providing regulatory advice on matters related to federal and state consumer protection, consumer finance, and payments laws, including those that apply to payment cards, lines of credit, installment loans, electronic payments, online banking, buy-now-pay-later transactions, retail installment contracts…

Taylor focuses her practice on providing regulatory advice on matters related to federal and state consumer protection, consumer finance, and payments laws, including those that apply to payment cards, lines of credit, installment loans, electronic payments, online banking, buy-now-pay-later transactions, retail installment contracts, rental-purchase transactions, and small business loans.

Photo of Courtney Hitchcock Courtney Hitchcock
Photo of Joshua Howell Joshua Howell

Josh is a litigator representing individuals and businesses in a wide variety of civil disputes before state and federal courts. He brings dedication and attention to detail to every engagement.

Photo of David Kaplan David Kaplan

David represents corporations, the compensation committees of their boards of directors, financial investors and management groups and individual senior executives. His practice includes the design, negotiation, and documentation of stock-based compensation arrangements; deferred compensation arrangements; and senior executive employment, change-in-control; and separation agreements.

David represents corporations, the compensation committees of their boards of directors, financial investors and management groups and individual senior executives. His practice includes the design, negotiation, and documentation of stock-based compensation arrangements; deferred compensation arrangements; and senior executive employment, change-in-control; and separation agreements. He is a trusted advisor on executive compensation matters.

Photo of Kathleen Hutchenreuther Kathleen Hutchenreuther

Kathleen is an associate in the Consumer Financial Services Practice Group which includes work in consumer law, business disputes, and commercial litigation in both federal and state court. Specifically, Kathleen focuses on defending against claims arising under the Fair Credit Reporting Act (FCRA),

Kathleen is an associate in the Consumer Financial Services Practice Group which includes work in consumer law, business disputes, and commercial litigation in both federal and state court. Specifically, Kathleen focuses on defending against claims arising under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA) and Regulation X, Telephone Consumer Protection Act (TCPA), as well as other federal and state statutes, and common law.

Photo of Jed Komisin Jed Komisin

Jed defends clients engaged in civil litigation. He has significant courtroom experience and works with his clients to find comprehensive solutions to their legal issues.

Photo of Stephen Lozier Stephen Lozier

Steve Lozier counsels banks, consumer reporting agencies and other financial services institutions on various litigation matters involving both state and federal law. Using knowledge gained through experience, Steve helps clients navigate litigation proceedings to reach an efficient and equitable outcome.

Photo of Josh McBeain Josh McBeain

Josh focuses his practice on federal and state consumer and business lending and payments laws, including those that apply to credit cards, installment loans, lines of credit, and point-of-sale finance.

Photo of Carter Nichols Carter Nichols

Carter is an associate in the firm’s Consumer Financial Services practice. His practice focuses on consumer protection statutes and complex litigation, including claims arising under Fair Credit Reporting Act (FCRA), Fair Debt Collection Protection Act (FDCPA), and Telephone Consumer Protection Act (TCPA).

Photo of Susan Nikdel Susan Nikdel

Susan is an associate in the firm’s Consumer Financial Services Practice Group, and focuses her practice on consumer financial services matters. She has defended several of the nation’s largest and most influential financial institutions in individual and class action litigation involving the Telephone…

Susan is an associate in the firm’s Consumer Financial Services Practice Group, and focuses her practice on consumer financial services matters. She has defended several of the nation’s largest and most influential financial institutions in individual and class action litigation involving the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and other consumer privacy statutes. Susan also represents banks, fintechs, and financial services companies in connection with regulatory examinations and investigations brought by the CFPB, state attorneys general, and the California Department of Financial Protection and Innovation.

Photo of Rachelle Pointdujour Rachelle Pointdujour

Rachelle is an associate in the firm’s Consumer Financial Services Practice Group. She focuses her practice on representing insurers and managed care organizations in litigation.

Photo of Sarah Siu Sarah Siu

Sarah Siu leverages her clerkship and litigation experience to help consumer-facing companies navigate the complex world of consumer protection litigation.

Photo of Trey Smith Trey Smith

Trey is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice. He focuses his practice on helping financial institutions and consumer facing companies navigate regulatory investigations and resulting litigation. He has experience litigating the Consumer Financial Protection Act, the FTC Act…

Trey is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice. He focuses his practice on helping financial institutions and consumer facing companies navigate regulatory investigations and resulting litigation. He has experience litigating the Consumer Financial Protection Act, the FTC Act, the Truth in Lending Act, state UDAAP statutes, and other consumer protection laws.

Photo of Stephen Steinlight Stephen Steinlight

Stephen Steinlight has nearly two decades of experience as a trial and appellate litigator in federal and state courts and arbitrations in an expansive range of complex business, commercial, corporate, real estate, banking, financial services, consumer finance, securities industry/broker-dealer, white-collar/regulatory, ERISA, and labor

Stephen Steinlight has nearly two decades of experience as a trial and appellate litigator in federal and state courts and arbitrations in an expansive range of complex business, commercial, corporate, real estate, banking, financial services, consumer finance, securities industry/broker-dealer, white-collar/regulatory, ERISA, and labor and employment matters.

Photo of Zachary A. Turk Zachary A. Turk

Zach is an associate in the firm’s Consumer Financial Services Practice Group. Before joining the firm, he served as a judicial clerk to the Honorable Michael F. Urbanski in the U.S. District Court for the Western District of Virginia. He was also a…

Zach is an associate in the firm’s Consumer Financial Services Practice Group. Before joining the firm, he served as a judicial clerk to the Honorable Michael F. Urbanski in the U.S. District Court for the Western District of Virginia. He was also a summer associate in the firm’s Richmond office.

Photo of Jovanni Villa Jovanni Villa

Jovanni represents companies in the financial services industry. He specializes in protecting consumer-centric financial institutions from class action lawsuits and individual claims in both state and federal legal environments and in handling the intricate array of consumer protection regulations, such as the Fair…

Jovanni represents companies in the financial services industry. He specializes in protecting consumer-centric financial institutions from class action lawsuits and individual claims in both state and federal legal environments and in handling the intricate array of consumer protection regulations, such as the Fair Credit Reporting Act (FCRA).

Photo of Jared Bissell Jared Bissell

Jared Bissell is an attorney in the firm’s Consumer Financial Services and Financial Services Litigation practices where he is dedicated to obtaining optimal results for clients in a variety of compliance issues as well as federal and state litigation matters.

Photo of Peter B. Yould Peter B. Yould

Peter is an attorney in the firm’s Consumer Financial Services Practice Group. He has extensive knowledge in consumer financial services litigation, including resolving issues under the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, and Fair Debt Collection Practices Act.