Primary Sources

Negative Option Rule, 89 Fed. Reg. 90,476 (Nov. 15, 2024)

The FTC issued amendments to the ‘‘Rule Concerning Use of Prenotification Negative Option Plans,’’ retitled the ‘‘Rule Concerning Recurring Subscriptions and Other Negative Option Programs.’’ The final Rule would have applied to all negative option programs in any media. On July 9, 2025, the Eighth Circuit vacated all of the 2025 amendments, both the provisions that were already in effect and the remaining provisions that were to go into effect on July 14, 2025. See Custom Commc'ns, Inc. v. Fed. Trade Comm'n, 2025 WL 1873489, at *9 (8th Cir.

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NCLC, How States Can Protect Homeowners Facing Zombie Second Mortgages: Suggested Language for a Second Mortgage Foreclosure Bill (June 2025)

NCLC Issue Brief addressing:

  • The Problem of Zombie Second Mortgages and the Need for Action
  • Suggested Statutory Language to Address Zombie Second Mortgage Problems

    Proposing safeguards to ensure that holders of second mortgages are providing proper notice and documentation before being allowed to foreclose and protections preventing unfair foreclosure of long-dormant second mortgages as well as older second mortgages taken as home equity lines of credit. 
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NHTSA Interpretation Letter to Hall

2024 NHTSA letter to counsel for Carvana indicating NHTSA is leaving it to the states as to proper procedures for electronic signatures on electronic documents other than the title.

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Statement on Enforcement and Supervisory Practices Relating to the Small Business Lending Rule Under the Equal Credit Opportunity Act and Regulation B, 88 Fed. Reg. 34,833 (May 31, 2023)

The Consumer Financial Protection Bureau (CFPB) is publishing a statutorily mandated small business lending rule concurrently with this Policy Guidance. The rule amends Regulation B to implement changes to the Equal Credit Opportunity Act (ECOA) made by section 1071 of the Consumer Financial Protection Act of 2010 (CFPA).

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