North America: Consumer Protection

Washington Attorney General Nick Brown secured a settlement with Lexyl Technologies and Bookonline.com over allegations that the companies deceived consumers by automatically adding unnecessary "refund protection" fees to hotel bookings through pre-checked boxes. The companies will pay over $750,000 in consumer restitution and $300,000 to the AG, and must now require affirmative opt-in for such fees.

Washington Attorney General Nick Brown secured a settlement with Lexyl Technologies and Bookonline.com over allegations that the companies deceptively added unnecessary "refund protection" fees to hotel bookings through pre-checked boxes. The settlement requires over $750,000 in consumer restitution and mandates that future fees require affirmative consumer opt-in rather than automatic enrollment.

The Federal Trade Commission has taken decisive action against companies making unsubstantiated health claims and cryptocurrency platforms that misled consumers about fund safety. Recent enforcement actions include settlements with supplement marketers falsely advertising height growth products and cryptocurrency executives who prevented users from accessing their deposits before bankruptcy.

Explore the latest developments in consumer finance regulation, including CFPB leadership transitions, federal banking agency guidance on sensitive information handling, state-level DIDMCA opt-out challenges, and emerging trends in bank-fintech partnerships. This comprehensive analysis examines regulatory shifts, enforcement priorities, and the evolving landscape of financial services compliance.

Mark Paoletta has assumed the role of Acting Director of the Consumer Financial Protection Bureau following Russell Vought's departure, a transition mandated by the Federal Vacancies Reform Act rather than policy considerations. As the Bureau continues operating under acting leadership, Brian Johnson's nomination for Senate-confirmed Director remains pending, with the confirmation process still underway and no vote scheduled.

Colorado's Attorney General reached a consent judgment with a California rent payment processor over allegations that its payment fee practices violated state consumer credit and protection laws. The company agreed to cap fees, improve disclosures, eliminate revenue-sharing arrangements, and pay $100,000 while denying liability. The settlement highlights increasing state scrutiny of junk fees and payment processing practices in the rental housing sector.

Phoenix Partners Matthew Martinez and Gregg Clifton examine how a new Department of Homeland Security rule will fundamentally change immigration planning for international student-athletes by replacing the longstanding 'Duration of Status' system with fixed admission periods. The article provides critical guidance for athletes and institutions navigating this significant shift in U.S. immigration policy affecting collegiate athletics.

This is the second in our 2026 Year in Preview series examining important trends in white collar law and investigations in the coming year. Up next: anti-corruption/FCPA enforcement

A legal professional shares their unconventional journey from studying Behavioural Science and working at car dealerships to ultimately finding their calling in the legal field. After taking a chance on a legal assistant position...

A major decision issued on 14 July 2026 by the US Court of Appeals for the Seventh Circuit marks a potential shift in the legal landscape governing text message marketing under the Telephone Consumer Protection Act (the TCPA). In Steidinger v. Blackstone Med. Servs., No. 25-2398, the Seventh Circuit held that Section 227(c)(5) of the TCPA does not permit plaintiffs to sue for the receipt of unwanted text messages, because text messages are not “telephone calls” within the meaning of that provision. For businesses operating in Illinois, Indiana, and Wisconsin—the three states within the Seventh Circuit—this decision has immediate and significant implications.

On July 31, 2026, the Board of Governors of the Federal Reserve System (the “Board”) proposed the most significant updates to insider lending restrictions for banks in more than three decades (“Proposed Rule”). If finalized, the amendments to Regulation O would, among other things, modernize long-outdated dollar thresholds, codify significant staff interpretations and statutory provisions, and provide targeted relief for banks which have passive investment funds as “principal shareholders” (10% or more of a class of voting shares).

The Consumer Financial Protection Bureau has submitted a Notice of Proposed Rulemaking to revise its Section 1033 "open banking" regulation, signaling a fundamental reconsideration of the October 2024 final rule. Among the most contentious issues under review is whether financial institutions should be permitted to charge fees for providing consumer-authorized data access to third parties, a prohibition that was central to the previous administration's approach.