Moving the Metal: The Auto Finance Podcast

Empire State of Scrutiny: The New York FAIR Act and Auto Lending

Tue, 24 Feb 2026 21:01:16 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by New York-based colleagues Bill Foley and Joe DeFazio to unpack the newly enacted New York FAIR Act (Fostering Affordability and Integrity through Reasonable Business Practices Act). They explain how the law fundamentally expands New York’s unfair, deceptive, or abusive acts or practices regime (from "deceptive" to now "unfair" and "abusive" practices) broadens coverage to small businesses and nonprofits, and gives the attorney general extraterritorial enforcement tools. The discussion focuses on how auto dealers and finance companies are already being singled out by New York officials, the litigation and enforcement risks this creates, and practical compliance steps — especially around add-on products, sales practices, underwriting, and emerging technologies such as AI.

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Soaring Repos and Senate Requests: Warren Targets Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 17 Feb 2026 05:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso unpack Senator Elizabeth Warren's February 5 data request to major auto finance companies, buy-here-pay-here dealers, and key industry trade groups about auto repossessions. They walk through the main categories of information sought — repossession activity and errors, consumer complaints and disputes, policies and training, vendor contracts, and handling of personal property — and discuss the tight 11-day response deadline and lack of a clear statutory hook for the request. Brooke and Chris also consider what this move may signal about future regulatory and enforcement activity in the auto finance space.

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State AGs in the Driver's Seat: Auto Finance Enforcement in the Trump 2.0 Era

Tue, 27 Jan 2026 05:00:00 +0000

In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso are joined by Troutman colleagues Chris Carlson and Nam Kang from the firm's RISE Practice Group to unpack what "Trump 2.0" really means for dealers and auto finance companies. With the Consumer Financial Protection Bureau (CFPB) and other federal regulators pulling back, the group explains how state attorneys general (AGs) and state financial regulators are rapidly filling the void — often led by former CFPB staff now embedded in state offices — and why that creates a complex patchwork of unfair or deceptive acts or practices standards and enforcement approaches across 50 states. They discuss hot-button themes like affordability, junk fees, mini-CFPBs, and the growing role of state working groups, as well as how state AGs are leveraging prior CFPB theories, the California CARS rule, and copy‑and‑paste complaints.

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From Showroom to Server Room: AI in Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 13 Jan 2026 05:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso launch a new AI-focused segment, examining how artificial intelligence is changing auto finance through smarter chatbots and targeted advertising, digital loan applications and algorithmic decisioning, and enhanced fraud detection tools. They highlight the legal risks that come with these innovations — including unfair or deceptive acts or practices (UDAP), fair lending, bias, explainability, false positives, and increased compliance risk — and stress the importance of strong human oversight, governance, and complaint management as dealers and auto finance companies accelerate their adoption of AI in 2026.

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New Year, New Surprises? 2026 Resolutions for Dealers and Auto Finance Companies

nicole.sparkswatts@troutman.com (Chris Capurso, Brooke Conkle) — Tue, 30 Dec 2025 05:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso lay out a practical set of 2026 resolutions for dealers and auto finance companies. Chris breaks down why state law compliance should be at the top of your list, from California's CARS rule and junk fee laws to new disclosure and renewal requirements cropping up across the country. Brooke then shifts to the federal landscape, focusing on the Fed's recent rate cuts, what a lower-rate environment could mean for auto loan refinancing, and the compliance risks that come with more paperwork. The discussion also tackles the real-world impact of AI — how consumers are using it in disputes and litigation, and how companies must carefully govern their own AI tools, including chatbots. Finally, they underscore the importance of a robust consumer complaint process as an early-warning system and a powerful tool to prevent small issues from turning into lawsuits.

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Deck the Halls, Not the Trade Lines: Auto Fraud Talk

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 16 Dec 2025 05:00:00 +0000

On today's episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso discuss TransUnion's study on fraud-related charge-off losses in auto lending, exploring how bad actors enter the car-buying journey through tactics such as application phishing, synthetic identities, trade-in data exposure, and "digital warming." They examine why auto fraud can have outsized impacts compared to other products, the surprising concentration of losses among higher credit tiers, and the risks posed by credit washing, which can inflate perceived creditworthiness and distort underwriting decisions. The episode closes with a festive holiday movie countdown and a friendly nod to the eternal "Is Die Hard a Christmas movie?" debate.

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State Law Roundup: Arbitration Changes and Junk Fee Rules in California and Massachusetts

nicole.sparkswatts@troutman.com (Chris Capurso, Brooke Conkle) — Tue, 11 Nov 2025 05:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso break down recent state-law developments affecting auto dealers and finance companies in California and Massachusetts. The discussion covers California's recent arbitration laws, including restrictions on venue, choice of law, and the scope of arbitration agreements, as well as open questions about federal preemption. Brooke and Chris also review Massachusetts' newly enacted junk fee regulations, highlighting requirements for price and fee transparency, trial offer disclosures, and cancellation mechanisms. They explain how these changes impact compliance, dealer oversight, and litigation risk — especially for businesses operating across multiple states. Tune in for a practical look at how evolving state laws are shaping the auto finance landscape.

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Quarterly Insights: Driving Through Q2 Auto Finance Data

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 28 Oct 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso dive into the latest Experian auto finance quarterly report to explore the latest trends in auto finance for the second quarter of 2025. They discuss key findings, including the rise in new and used vehicle financing, shifts in market share among banks, captives, and credit unions, and the surprising increase in loan amounts and monthly payments. The conversation also covers the growing trend of refinancing and its implications for the auto finance industry. Tune in to understand how these trends impact dealers and finance companies, and what they mean for the future of auto finance.

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State Law Roundup: A Focus on Connecticut and Oregon

nicole.sparkswatts@troutman.com (Chris Capurso, Brooke Conkle) — Tue, 14 Oct 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso delve into recent legislative changes affecting the auto finance industry in Connecticut and Oregon. They discuss Connecticut's Senate Bill 1357, which introduces updates on automatic renewal provisions, dealer advertising requirements, and express warranties. The conversation highlights the compliance challenges these changes pose for dealers and finance companies. The hosts also explore Oregon's House Bill 3178, focusing on new disclosure requirements, the reduced timeline for finalizing financing, and the right to void contracts. This episode provides a comprehensive analysis of how these state laws impact operations and potential litigation risks for industry professionals.

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The Larger Participant Rule: A New Route for Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Chris Willis) — Tue, 23 Sep 2025 04:00:00 +0000

In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group are joined by Chris Willis to explore the Consumer Financial Protection Bureau’s (CFPB) proposed changes to the larger participant rule for auto finance. The discussion delves into the CFPB's current regulatory activities, including its focus on revisiting and potentially reducing the number of nonbank companies subject to supervision. The team examines the implications of raising the threshold for what constitutes a larger participant in the auto finance market and how this could impact industry dynamics. They also consider the broader regulatory landscape and the potential for future changes under different administrations. Tune in for valuable insights into the evolving world of auto finance regulation and what it means for industry participants.

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Driving New Standards With California's CARS Rule

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 9 Sep 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso discuss California SB 766, known as the California CARS Rule. They explore the bill's amendments, including changes to cancellation periods and record retention requirements, and analyze its implications for compliance and litigation in the auto finance industry. The conversation highlights the potential impact of state-level regulation and the possibility of similar legislation in other states. Tune in for insights into how these developments could shape the future of auto finance.

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The Road to Regulation: Vehicle Service Contracts Explained

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Brian Casey) — Tue, 12 Aug 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by Brian Casey, a partner in Troutman Pepper Locke's Insurance, Transactional, and Regulatory Practice Group. Together, they explore the complex world of vehicle service contracts (VSCs) and ancillary products within the auto finance industry. Brian shares insights into the history and evolution of VSCs, discussing the distinction between insurance and non-insurance products and the regulatory landscape that governs them. The conversation delves into state-specific regulations, licensing requirements, and the impact of privacy laws like the Gramm-Leach-Bliley Act on the industry. Tune in to understand the intricacies of vehicle service contracts and the challenges faced by providers in navigating this dynamic regulatory environment.

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The Current State of the Holder Rule: Friend or Foe?

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 29 Jul 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group examine the current status of the Federal Trade Commission's (FTC) Holder Rule. They discuss its historical context, current interpretations, and future implications, particularly focusing on attorneys' fees. The conversation highlights the California Supreme Court's Pulliam decision, which challenged traditional understandings of the rule by allowing for the recovery of attorneys' fees under certain state laws. Additionally, they examine the FTC's 2022 advisory opinion, which aligns with Pulliam and broadens the scope of potential claims against holders of credit contracts. Finally, they take a look at the impacts of Pulliam and forecast the future of the Holder Rule in the current regulatory climate. The episode provides insights into how these developments impact auto finance companies and the strategies they can employ to mitigate risks associated with the Holder Rule.

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Driving Digital Security: The FTC's Safeguards Rule Explained

Tue, 8 Jul 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by colleagues Kim Phan and Aileen Ng for a deep dive into the Federal Trade Commission's (FTC) Safeguards Rule under the Gramm-Leach-Bliley Act, focusing on its impact on the auto-finance industry. The discussion covers the recent FAQs published by the FTC to aid auto dealers in compliance, the evolving cybersecurity requirements, and the contrasting regulatory approaches between the Trump and Biden administrations. The episode explores how auto dealers fit into the Safeguards Rule, the implications of their relationships with original equipment manufacturers and service providers, and the notification requirements in the event of a data breach. Additionally, the conversation addresses various financing scenarios and how they trigger the Safeguards Rule. Tune in for a comprehensive understanding of these regulations and practical insights for auto dealers navigating these complex legal landscapes.

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Doc Fees Decoded: The Price of Paperwork in Auto Sales

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 24 Jun 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso delve into the intricacies of "doc" fees in vehicle transactions, focusing on recent legislative developments in California and Louisiana. They explore how these changes could affect dealers' ability to charge doc fees and discuss potential caps on these fees. The conversation highlights the dual challenges of ensuring compliance with varying state regulations and addressing litigation risks associated with fee disclosures. Brooke and Chris also examine the broader implications of these legislative shifts, including the balance between consumer transparency and business cost recovery. This episode provides a comprehensive overview of the evolving landscape of doc fees, offering insights into the complexities faced by dealers and finance companies in the auto finance industry.

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Cruising Through Change: The Auto-Finance Industry's New Era Under Trump Unveiled

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Chris Willis) — Wed, 11 Jun 2025 04:00:00 +0000

In this special crossover episode between Moving the Metal and The Consumer Finance Podcast, Brooke Conkle, Chris Capurso, and Chris Willis analyze the first 100 days of the second Trump administration, focusing on its impact on the auto-finance industry. They discuss the anticipated enforcement slowdown by the Consumer Financial Protection Bureau (CFPB), unexpected halts in supervisory activities, and leadership changes at the Federal Trade Commission and CFPB. The conversation highlights the administration's focus on consumer fees, the evolving role of state regulators, and shifts in discrimination theories impacting compliance practices. This episode provides insights into strategic regulatory changes and offers guidance for navigating the complexities of the auto-finance sector in 2025.

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Under the Hood: Exploring the CFPB's 2025 Focus

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 20 May 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso explore the Consumer Financial Protection Bureau's (CFPB) recent memo detailing its supervision and enforcement priorities for 2025. They discuss the implications for the auto finance industry, focusing on the CFPB's expected – and unexpected – shifts for the year, including the Fair Credit Reporting Act and data furnishing issues, and the ongoing scrutiny of fees. Brooke and Chris analyze the impact of federalism on regulatory practices, highlighting the CFPB's approach to state authority and joint examinations. They also examine the shift toward consumer remediation over penalties. Tune in to understand how these priorities might affect your business operations and compliance strategies in the coming years.

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Driven by Data: Auto Finance Trends Uncovered

nicole.sparkswatts@troutman.com (Chris Capurso, Brooke Conkle) — Tue, 6 May 2025 14:21:03 +0000

In this episode, hosts Brooke Conkle and Chris Capurso delve into the latest TransUnion report on credit industry insights for the fourth quarter of 2024. With auto finance trends revealing rising loan-to-value ratios, increasing monthly payments, and growing account delinquencies, the industry potentially faces expected – and unexpected – challenges in the coming months. Join us as we explore the implications for dealers and auto finance companies, discuss strategies for managing consumer relationships, and prepare for the challenges ahead.

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Shifting Gears: Adapting to Regulatory Changes in Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 22 Apr 2025 04:00:00 +0000

In this episode of Moving the Metal, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group discuss what dealerships and auto finance companies should prioritize amidst regulatory changes in Washington, D.C. They cover updates on the Consumer Financial Protection Bureau, Federal Trade Commission, and Federal Communications Commission, as well as the importance of consumer complaints, workforce training, and preparing for a potential recession. Tune in to stay informed and ensure your business is ready for any challenges.

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Dialing In: The TCPA and Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 8 Apr 2025 04:00:00 +0000

In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group explore the complexities of the Telephone Consumer Protection Act (TCPA) and its impact on the auto finance industry. They discuss the historical context, current regulatory landscape, and future implications of the TCPA, including the distinction between informational and marketing messages, the importance of obtaining the correct type of consent, and recent regulatory updates such as the one-to-one telemarketing consent rule and new revocation rules. Tune in to gain valuable insights on managing TCPA compliance and mitigating risks in the auto finance sector.

Disclaimer: After the recording of this episode, the Federal Communications Commission issued an order granting a limited one-year extension for TCPA robocall revocation rule compliance. For more details, please read our article on it here.

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Through the Crystal Ball: What's Next for Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 25 Mar 2025 04:00:00 +0000

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso delve into the anticipated regulatory landscape for the auto finance industry in 2025. They explore the potential agendas of federal and state regulators, including the Consumer Financial Protection Bureau and Federal Trade Commission, and discuss the implications for compliance and litigation within the industry. They also share tips on how to future-proof your business against the evolving regulatory environment. Tune in to gain valuable insights, hear some crystal ball predictions, and prepare your business for what's on the horizon in the world of auto finance.

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Requiem for the Rules: The Rise and Fall of the Junk Fee and CARS Rules

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 11 Mar 2025 04:00:00 +0000

In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group discuss the rise and fall of the Junk Fee Rule and the CARS Rule. They delve into the initial broad scope of the Junk Fee Rule, its eventual limitation to specific industries, and the implications for auto finance companies. The conversation also covers the controversial CARS Rule, its significant potential impact on auto dealers, and the recent Fifth Circuit decision that halted its implementation. Tune in to understand the current regulatory landscape and what the future may hold for these rules at both federal and state levels.

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The Future of Auto Dealership Compliance: A Conversation With Tom Kline

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Tom Kline) — Tue, 25 Feb 2025 05:00:00 +0000

In this episode of Moving the Metal, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group are joined by Tom Kline, lead consultant and founder of Better Vantage Point. Tom shares his extensive experience in the auto industry, discusses the implications of the recent vacating of the CARS Rule by the Fifth Circuit, and provides insights into the most common compliance challenges faced by dealers. He also delves into the importance of having a robust compliance program and the evolving regulatory landscape. Additionally, Tom talks about his book, Tuck the Octopus, which offers valuable strategies for managing dealership operations and mitigating risks. Tune in to gain expert perspectives on staying compliant and competitive in the auto finance industry.

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From Federal to Local: CFPB's Blueprint for State Regulators

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 11 Feb 2025 14:00:00 +0000

In this episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group delve into the Consumer Financial Protection Bureau’s (CFPB) recent white paper, "Strengthening State-Level Consumer Protections." They discuss the potential roadmap for state-level enforcement over the next four years, highlighting the interplay between federal and state regulators, joint investigations, and the CFPB's recommendations for empowering state agencies. Tune in to understand the implications for the auto finance industry and how these initiatives might shape compliance efforts across various states.

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2024 Year in Review: Key Developments in Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Tue, 28 Jan 2025 05:00:00 +0000

In this special year-in-review episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group delve into the significant events and regulatory changes that shaped the auto finance industry in 2024. From the Federal Trade Commission's CARS Rule and its legal challenges to the Consumer Financial Protection Bureau's data collection initiatives and supervisory highlights, this episode provides a comprehensive overview of the past year. Tune in to gain insights into the trends and regulatory shifts that will influence the auto finance landscape in 2025.

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Auto Finance Under the Microscope: Unpacking Landmark FTC and AG Settlements

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Chris Carlson) — Tue, 14 Jan 2025 14:00:00 +0000

In this episode, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group are joined by Chris Carlson, a partner in the Regulatory Investigations Strategy and Enforcement Practice Group. They delve into recent enforcement actions impacting the auto finance sector, including a landmark $20 million settlement involving the Federal Trade Commission and the Illinois attorney general against Leader Automotive Group. The discussion covers deceptive advertising, unauthorized add-on charges, fake online reviews, and the sale of gray market vehicles. Additionally, they explore a stipulated judgment the Connecticut attorney general reached with a national auto retailer. Tune in to understand the implications of these actions and what auto finance companies should take away from these regulatory developments.

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2024 Privacy Trends and Their Impact on Auto Finance

nicole.sparkswatts@troutman.com (Brooke Conkle, Kim Phan, Chris Capurso) — Tue, 17 Dec 2024 14:00:00 +0000

In this episode, Brooke Conkle and Chris Capurso, attorneys in the firm's Consumer Financial Services Practice Group, are joined by Kim Phan, a partner in the firm's Privacy and Cyber Practice Group. They delve into the latest trends in privacy and their significant impact on the auto finance industry. The discussion covers the evolving landscape of data security, the implications of connected cars and the Internet of Things, and the challenges and opportunities presented by AI. Kim also shares insights on how recent legislative changes and the new administration may shape the future of privacy regulations. Tune in for a comprehensive analysis of these critical issues and their potential ramifications for the auto finance sector.

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Lemon Law Shakeup: Rodriguez vs. FCA US Has Unexpected Result

nicole.sparkswatts@troutman.com (Brooke Conkle, Ethan Ostroff, Chris Capurso) — Tue, 26 Nov 2024 14:00:00 +0000

In this episode, Brooke Conkle and Chris Capurso, attorneys in the firm's Consumer Financial Services practice, are joined by Partner Ethan Ostroff to discuss the recent Supreme Court of California decision in Rodriguez vs. FCA US. They explore recent cases from the court that impact auto finance, this case's background, the court's reasoning, and the significant impact this ruling may have on manufacturers, dealers, and auto finance companies. The discussion also touches on the broader implications for consumer protection laws in California and the potential shift in legal strategies for both plaintiffs and defendants in the auto finance industry.

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CFPB's Supervisory Highlights on Auto-Finance and Auto-Servicing

Tue, 12 Nov 2024 13:47:02 +0000

In this special joint episode of The Consumer Finance Podcast and Moving the Metal, Chris Willis teams up with Brooke Conkle and Chris Capurso, hosts of the Moving the Metal podcast, to discuss the CFPB's recent supervisory highlights on auto-finance and auto-servicing. Joined by Stefanie Jackman, a partner experienced in auto-finance servicing and collections, the team delves into the CFPB’s findings on issues ranging from repossessions and servicing practices to optional products and credit reporting. They explore the implications of these findings and provide insights into the regulatory landscape, emphasizing the importance of compliance and timely remediation. Tune in for an in-depth analysis of the CFPB's focus areas and what they mean for the auto-finance industry.

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Breaking Granite: Understanding New Amendments to the New Hampshire Retail Installment Sales Act

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Fri, 1 Nov 2024 13:00:00 +0000

In this episode of Moving the Metal, Chris and Brooke break down recent amendments to the New Hampshire Retail Installment Sales Act. On August 2, New Hampshire Governor Chris Sununu signed HB 1243 into law, bringing significant, retroactive revisions to Chapter 361(a) of the New Hampshire Code. Tune in to understand how these legislative updates from one of the smallest states in the union could challenge your business operations and consumer interactions in the Granite State.

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Dissecting Oral Arguments in NADA's Challenge to the CARS Rule

nicole.sparkswatts@troutman.com (Alan Wingfield, Chris Capurso, Brooke Conkle) — Fri, 18 Oct 2024 04:00:00 +0000

In this podcast episode, Brooke Conkle and Chris Capurso are joined by esteemed senior practitioner Alan Wingfield to discuss the National Automobile Dealer Association's (NADA) challenge to the Federal Trade Commission's (FTC) CARS Rule. The conversation centers around the recent oral arguments held by the Fifth Circuit on October 9, involving both the NADA and the Texas Automobile Dealers Association (TADA). The discussion aims to provide insights into the origins and implications of the CARS Rule, as well as the legal arguments presented by the dealer associations in their challenge and the FTC in defense.

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Investigation Tag Team: The FTC and the State of Arizona

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Chris Carlson) — Tue, 17 Sep 2024 04:00:00 +0000

In this episode, Chris Carlson, an associate in the Regulatory, Investigations, Strategy and Enforcement (RISE) practice, joins Brooke and Chris to discuss how federal and state regulators are collaborating on consumer protection investigations. The team discusses a recent order and action against an Arizona-based auto dealer for multiple Unfair or Deceptive Acts or Practices (UDAP) violations. While contemplating whether this is a growing trend, the trio meanders into discussions about the CARS Rule and the potential impact of November's election on the industry.

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FTC CFPB Enforcement Report

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Wed, 28 Aug 2024 04:00:00 +0000

In this episode of the Moving the Metal podcast, hosts Brooke Conkle and Chris Capurso delve into the Federal Trade Commission's (FTC) recent report to the Consumer Financial Protection Bureau (CFPB). This report responds to the CFPB's request for information to aid in preparing its annual report to Congress. The episode provides an overview of the FTC's enforcement activities and regulatory efforts over the past year, emphasizing the agency's focus on protecting consumers from deceptive practices in the financial services and automotive industries. Key points discussed include the purpose of the report, the FTC's authority, a review of some litigation highlights, and how the CARS rule fits into the equation.

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Loans, Retail Installment Contracts, and Refinancing Programs

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso, Jason Cover) — Tue, 13 Aug 2024 04:00:00 +0000

In this episode, Brooke Conkle and Chris Capurso delve into the topic of refinancing and its impacts on the auto finance industry. They are joined by special guest Jason Cover, who provides insights and education on retail installment contracts, loans, and the impact of refinancing programs. Jason, a partner in the firm's Philadelphia office, routinely counsels providers of consumer financial services, including banks, licensed lenders, and fintech providers, on regulatory compliance matters and government supervisory and enforcement matters. He also regularly offers guidance on electronic payments and payment network rules; electronic contracting and mobile commerce; UDAAP statutes prohibiting unfair, deceptive, and abusive acts and practices; and the CFPB's Rule on Payday, Vehicle Title, and Certain High-Cost installment Loans (Payday Rule).

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The CFPB's Report on Negative Equity in Auto Lending

nicole.sparkswatts@troutman.com (Chris Capurso, Brooke Conkle) — Wed, 31 Jul 2024 20:21:48 +0000

In this episode of Moving the Metal, Troutman Pepper attorneys Brooke Conkle and Chris Capurso discuss the Consumer Financial Protection Bureau's (CFPB) new report on negative equity in auto lending. This report, the first of its kind, utilizes data from the CFPB's 2023 Auto Finance Data Pilot, which was issued to major banks, finance companies, and captive lenders. Brooke and Chris analyze the impact of the report, including what the report may indicate for the bureau's upcoming priorities.

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The CARS Rule

nicole.sparkswatts@troutman.com (Brooke Conkle, Chris Capurso) — Mon, 15 Jul 2024 04:00:00 +0000

In this inaugural episode of Moving the Metal, Troutman Pepper attorneys Brooke Conkle and Chris Capurso examine the major requirements of the FTC's proposed CARS Rule. After a refresher on the rule's requirements, Brooke and Chris discuss the current status of the litigation surrounding the rule, including a discussion of the briefs and data submitted by the FTC and the trade groups fighting the rule. Tune in as Brooke and Chris look under the hood to examine the FTC's fine print and where the rule currently stands in the courts, helping your auto finance company avoid regulatory pitfalls.

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