October 5, 2026
Below you will find several key developments in the financial services industry, including related developments in information privacy and data security, from the past week. We add an "Amicus Brief(ly)1" comment to each item, where we briefly (see what we did there?) note for friends (and again?) of CounselorLibrary the important takeaways from the developments outlined in the email. Our legal reporters - CARLAW, HouseLaw, InstallmentLaw, PrivacyLaw, and BizFinLaw - provide more comprehensive, real-time updates of federal and state laws, regulations, litigation, and other industry items of interest. For a personal guided tour and free trial of any of these legal reporters, please contact Michael Willer at 614-855-0505 or mwiller@counselorlibrary.com.
On September 27, California Governor Gavin Newsom signed Assembly Bill 2782, which amends certain disclosure requirements for vehicle contract cancellation option agreements under the state's Automobile Sales Finance Act.
A vehicle contract cancellation option agreement is a paid, optional agreement that gives a used car buyer a "cooling-off period" to return the vehicle within a set timeframe for a full refund (minus a restocking fee and if certain mileage conditions are met). Under the California CARS Act, prior to October 1, 2026, consumers who purchased a used car for less than $40,000 must be offered a 2-day contract cancellation option agreement. However, effective October 1, 2026, the contract cancellation option agreement transitioned to a 3-day right to cancel for vehicles priced up to $50,000.
California's ASFA generally regulates motor vehicle conditional sale contracts. Under existing law, the ASFA defines "cash price" to mean the amount for which the seller would sell and transfer to the buyer title to the vehicle described in the conditional sale contract, if the property were sold for cash at the seller's place of business on the date the contract is executed, and includes applicable taxes and the cash price of accessories or services related to the sale, including, among other things, a vehicle contract cancellation option agreement. The ASFA requires a conditional sale contract to contain certain disclosures, including the amount charged for a contract cancellation option agreement. Under existing law, the ASFA also requires a seller to provide specified information to a buyer prior to the execution of a conditional sale contract, including a description and the price of a contract cancellation option agreement.
A.B. 2782 removes the fee for a contract cancellation option agreement from the definition of "cash price." The cost of a contract cancellation option agreement is now categorized as a separate itemized charge rather than being bundled into the cash price. The new law also removes the requirement that a conditional sale contract disclose the amount charged for a contract cancellation option agreement. Finally, it removes the requirement that a seller provide to a buyer, prior to the execution of a conditional sale contract, a description and the price of a contract cancellation option agreement.
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On September 30, California enacted Assembly Bill 801, the California Fair Lending Examination Act, which requires the state's Department of Financial Protection and Innovation to examine supervised banks and credit unions, as well as licensed residential mortgage lenders and servicers, for fair lending compliance with applicable mortgage lending laws at least once every four years.
The new law provides that the DFPI must examine the entity for compliance with any nondiscrimination law applicable to mortgage lending, including the federal Equal Credit Opportunity Act, the federal Fair Housing Act, the California Fair Employment and Housing Act, the state's Holden Act, and the state's Unruh Civil Rights Act. The DFPI must provide a written statement of its examination findings to the subject entity and take appropriate steps to ensure correction of any violations of applicable nondiscrimination laws. The statement of findings may not be disclosed to anyone other than the subject entity, law enforcement officials, or other state or federal regulatory agencies for further investigation and enforcement.
The DFPI may exempt from examination, or examine less frequently than otherwise required, a bank or credit union that demonstrated full compliance with applicable nondiscrimination laws in the most recent examination of the entity.
The new law takes effect on January 1, 2027.
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On September 27, California Governor Gavin Newsom signed Senate Bill 923, which amends the California Consumer Privacy Act. The CCPA grants to a consumer various rights with respect to personal information that is collected by a business. Among those rights is the right to request that a business delete personal information that the business has collected directly from the consumer, but not personal information about the consumer that the business has collected from third parties. Effective January 1, 2027. S.B. 923 expands that right to include requesting the deletion of any personal information that the business has collected about the consumer, including personal information that the business purchased from third parties. A business that receives a request to delete personal information obtained from a source other than the consumer to whom it relates fulfills its obligation by retaining a record of the deletion request and the minimum data necessary to ensure that the consumer's personal information remains deleted and is not being used for any other purpose.
In addition, the CCPA generally requires businesses to make certain methods of communication available for consumers to submit personal information requests, including requests for deletion and correction. If a business operates exclusively online and has a direct relationship with the consumer from whom it collects personal information, existing law requires the business to provide the consumer with an email address for submitting personal information requests. Under S.B. 923, the business must now provide an online method, such as a web form or online portal, for consumers to submit personal information requests, in addition to the existing requirement that the business provide an email address for submitting such requests.
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On September 30, in response to numerous website tracking lawsuits under the California Invasion of Privacy Act, California Governor Gavin Newsom signed Senate Bill 690, which revises the CIPA by removing a private right of action for pen register and trap-and-trace device claims under Section 638.51. Pen register or trap-and-trace device claims are types of claims that plaintiffs bring against website operators, online application providers, and mobile application developers that have allegedly violated the CIPA through website tracking technology. The new law authorizes only the attorney general to bring those types of claims. S.B. 690 does not, however, restrict the private right of action under other provisions of the CIPA, including provisions governing wiretapping. The new law is effective on January 1, 2027, but will apply to lawsuits filed in 2025 and 2026.
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On September 30, California Governor Gavin Newsom signed Assembly Bill 2116, which dramatically expands the coverage of the California Financing Law with respect to commercial-purpose transactions beginning in 2028. A.B. 2116 amends the CFL to require a CFL license for a "commercial financing provider" and a "commercial financing broker," including for factoring and revenue-based financing providers and brokers. The licensing requirement is effective July 1, 2028. The law also expands the CFL's exemption from California's 10% per year constitutional usury limit to any person licensed under the CFL, regardless of the form of a transaction.
In addition, A.B. 2116 adds a new section to the CFL governing commercial financing transactions with small businesses. The term "small business" means a business entity organized for profit with annual gross receipts of no more than $16 million, with this dollar threshold subject to adjustment for inflation every two years. For purposes of determining a business entity's annual gross receipts, a licensee may rely on any relevant written representation by the business entity, including information provided in any application or agreement for commercial financing.
The new provisions add several consumer-type protections to commercial-purpose financing transactions. For example, the new provisions:
A.B. 2116 also adds a new definition of the term "commercial financing broker." The definition covers a person who does any of the following in connection with commercial financing made by a commercial financing provider:
However, a person may do any of the following without being a commercial financing broker:
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