On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative Option Rule aka the “click-to cancel” rule, citing procedural deficiencies in the rulemaking process. Specifically, the panel found that the FTC failed to conduct a required preliminary regulatory analysis, which deprived stakeholders of the opportunity to comment on alternatives and engage with the FTC’s cost-benefit analysis.
The podcast show we are releasing this week focuses generally on the so-called “Unitary Executive Theory” and specifically on the legality of President Trump firing without cause the Democratic Commissioners of the Federal Trade Commission and the members of other independent agencies, despite language in the governing statutes that prohibit the President from firing a member without cause and a 1935 Supreme Court opinion in Humphrey’s Executor holding that the firing of an FTC Commissioner by the President is unlawful if done without cause.
The National Credit Union Administration (NCUA) today announced the next step in its plans to voluntarily review agency regulations to identify rules that are outdated, unnecessary, and unduly burdensome to federally insured credit unions. This effort aligns with the federal government’s commitment to efficiency and the NCUA’s continued efforts to reduce regulatory burden on credit unions.
The California Department of Financial Protection and Innovation (DFPI) and five other state financial regulatory agencies have taken action against Wise US, Inc. (Wise) for violations of Bank Secrecy Act and anti-money laundering laws under the Countering the Financing of Terrorism Program (“AML/CFT Program”).
In May, Montana enacted Senate Bill 297, which amends the Montana Consumer Data Privacy Act (MCDPA) to eliminate the broad exemption for financial institutions subject to the Gramm-Leach-Bliley Act (GLBA). Connecticut followed a similar path with Senate Bill 1295, which became a Public Act on June 11, 2025, and is awaiting the governor’s signature. Montana and Connecticut join an emerging group of states that no longer broadly exempt financial institutions subject to the GLBA from their state privacy laws.
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