Statistics for August 2026 consumer litigation filings are in, and the picture is a mixed one: some statutes rose while others fell. Nonetheless, one trend for 2026 is becoming unmistakable: filings remain up substantially across the board compared to the same period last year.
Business email compromise (BEC) and other third-party fraud inducing funds transfers have generated a wave of litigation against banks: not just those where victims hold accounts, but also against the financial institutions where the funds were transferred, even when the victim is not a customer. A threshold question often arises as to whether the beneficiary
On September 17, the U.S. Court of Appeals for the Second Circuit handed down a fantastic ruling for payors defending against private enforcement of No Surprises Act (NSA) independent dispute resolution (IDR) payment determinations. In East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co., the court held that the NSA does
On September 8, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03, outlining how it will enforce the Mental Health Parity and Addiction Equity Act’s (MHPAEA) nonquantitative treatment limitation (NQTL) requirements going forward. The bulletin follows through on EBSA’s January 2026 announcement identifying mental health/substance use disorder (MH/SUD)
In this episode of the “Point-of-Sale Finance” series, Jason Cover is joined by colleagues Erin Edwards and Simon Fleischmann from Troutman Pepper Locke’s Consumer Financial Services practice to shift the lens from regulatory compliance to litigation risk. The conversation broadens the frame beyond Buy Now, Pay Later (BNPL) to the full point-of-sale credit
As we reported in December 2025, New Jersey’s Division on Civil Rights (DCR) adopted what its Attorney General described as the “most comprehensive state-level disparate impact regulations in the country” under the New Jersey Law Against Discrimination (LAD). Those rules, effective December 15, 2025, codify a broad burden-shifting framework for disparate impact claims across housing,
In a significant en banc decision issued on August 11, 2026, the U.S. Court of Appeals for the Fifth Circuit largely affirmed a district court ruling that invalidated key portions of the federal agencies’ rules governing the calculation of the “qualifying payment amount” (QPA) under the No Surprises Act (NSA). The court’s decision has major
On September 2, the Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Federal Reserve), Federal Deposit Insurance Corporation (FDIC), Financial Crimes Enforcement Network (FinCEN), and National Credit Union Administration (NCUA) issued a joint statement clarifying the confidentiality requirements related to Suspicious Activity Reports (SARs), particularly when banks
On August 26, New York State Senator Zellnor Myrie introduced Senate Bill S10688, legislation that would enact an express “opt out” from key provisions of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA), purporting to impose New York’s interest rate limitations on a broad range of consumer credit transactions. The bill
On August 25, seven federal agencies — the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Consumer Financial Protection Bureau (CFPB or Bureau), National Credit Union Administration, Department of Housing and Urban Development (HUD), U.S. Department of Justice, and Federal Housing Finance Agency (the agencies) — jointly rescinded the February 2022 “Interagency