Welcome to Hudson Cook Insights - a collection of articles written each month by the attorneys of Hudson Cook, LLP, in an effort to keep their clients and other compliance professionals informed about current trends and developments in consumer credit finance that will affect the way they do business.
On February 11, 2025, the Supreme Court of New York, Nassau County, ordered a hearing on whether a financing contract between Square Funding LLC and Walsh Roofing Services of Tampa Bay, LLC, was a "merchant cash advance" contract or a "predatory loan scheme." The order is an unusual move that may indicate a tendency in New York courts toward greater scrutiny of contractual fees in sales-based financing agreements. article continued
On January 24, 2025, three days before the Federal Communications Commission's new Telephone Consumer Protection Act "one-to-one" consent standard was due to take effect, the FCC issued an order postponing the standard's effective date, and the U.S. Court of Appeals for the Eleventh Circuit vacated the standard altogether. article continued
In this month's article, we share some of our top "bites" for the prior months covered during the February 2025 webinar. article continued
On December 19, 2024, the Federal Trade Commission announced a proposed $20 million settlement with Leader Automotive Group and its parent company, AutoCanada, to resolve claims brought by the FTC and the State of Illinois. The FTC and Illinois alleged that Leader systematically defrauded consumers by, among other things, deceiving consumers about the price and availability of vehicles, charging for add-ons without consumers' consent, imposing "junk fees," posting bogus reviews to mislead consumers as to Leader's reputation, and failing to disclose that U.S. customers were buying vehicles imported from Canada, which voided manufacturer's warranties. article continued
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