On November 10, 2025, the U.S. Court of Appeals for the Tenth Circuit, in a 2–1 decision, issued its opinion in National Association of Industrial Bankers et al. v. Weiser.
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta examines why board governance is under the FTC’s microscope and what directors must do to meet rising expectations. He categorizes the main themes of regulatory focus being data security, antitrust and board composition, compliance and risk governance and the overall emergance of AI and algorithmic accountability. He then offers practical steps such as building regulatory literacy, demand measurable risk reporting, structure effective committees, resource and test programs, document oversight in minutes and embed ethics into culture—along with a checklist of specific governance risks to monitor.
The Consumer Financial Protection Bureau (“CFPB”) has issued its proposed rule scaling back the interpretation of and regulations under the Equal Credit Opportunity Act (“ECOA”). While the agency placed the proposal on its official regulatory agenda months ago, conventional wisdom indicated that the rule would address interpretations of the Act’s applicability to prospective applicants and to disparate impact claims. The proposal does address those topics, and significantly narrows the availability of special purpose credit programs (“SPCPs”). Comments are due on the proposal within a short 30 days (by December 15, 2025).
In a packed open meeting held October 28th, the Federal Communications Commission voted unanimously to adopt the Improving Verification and Presentation of Caller Identification Information Further Notice of Proposed Rulemaking (“FNPRM”).
Effective October 29, 2025, the CFPB finalized its rule, published at 90 Fed. Reg. 48737-60, rescinding certain amendments to the rules made on February 22, 2022 (prior blog) and on March 29, 2023 (prior blog) (collectively, the 2022 and 2023 amendments).
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