In The News
Lead Generators for Loans and Licensing Exposure
When selling loan leads crosses into brokering, which state statutes reach loan lead generators, and how to structure a lead program that avoids licensing.
CPO Registration and the Rule 4.13(a)(3) De Minimis Exemption
A fund manager can avoid CPO registration under Rule 4.13(a)(3) by keeping commodity trading small, selling to qualified investors and filing with NFA.
Oklahoma Telephone Solicitation Act Compliance Guide
Oklahoma’s Telephone Solicitation Act requires written consent for automated sales calls, limits calls to 8 a.m. to 8 p.m. and allows $500 per call suits.
Why Debt Relief Companies Cannot Rely on the TSR General Media Exemption
Inbound calls from ads are usually exempt from the TSR, but debt relief services are carved out of the general media and direct mail exemptions.
Group Versus Individual Legal Plans
Employer and union legal plans usually fall under ERISA and often escape state licensing, while individual plans face state licensing and marketing rules.
Does the Telemarketing Sales Rule Apply to Tax Relief Companies
The Telemarketing Sales Rule treats tax resolution as debt relief. What its advance fee ban, disclosures and inbound call rules mean for tax relief firms.
FinCEN MSB Registration and Who Must Register
FinCEN MSB registration is due within 180 days for money transmitters and other money services businesses and renews every two years. Who must register.
Guaranteed Versus Independent Introducing Brokers
A guaranteed introducing broker needs no capital but answers to one FCM, while an independent IB keeps $45,000 in capital and can work with any FCM.
Florida Telephone Solicitation Act Compliance Guide
The Florida Telephone Solicitation Act requires signed written consent for automated sales calls and texts and allows $500 per violation lawsuits.
The New York Agency Enforcing Do Not Call Rules That Most Companies Have Never Heard Of
New York’s Department of State nearly doubled the Do Not Call fines it imposed in a single year. Its Division of Consumer Protection reported that
Negotiating the Scope and Timing of a CID
How much room a company has to narrow a civil investigative demand from the FTC, CFPB or a state attorney general, and how the meet and confer works.
National Do Not Call Rules and the Established Business Relationship
Federal do not call rules generally allow calls to a registered number only with a signed written agreement or an established business relationship.
When a Debt Settlement Company Can Collect a Fee Under the TSR
A debt settlement company may charge a fee only after a debt is settled under an executed agreement and the consumer makes a payment. How the rule works.
What Is a Prepaid Legal Plan and How Is It Regulated
Prepaid legal plans are regulated by the states as insurance, under specialized legal plan statutes or through bar registration, with federal rules on top.
Introducing Broker Registration Step by Step
Introducing broker registration takes a firm application, filings for principals and APs, the Series 3 exam and $45,000 in capital or an FCM guarantee.
Credit Repair Organizations Act Basics and the Advance Fee Ban
The Credit Repair Organizations Act bans advance fees and misleading claims and requires a written contract, disclosures and a three day right to cancel.
How to Register a Futures Commission Merchant With the CFTC and NFA
FCM registration runs through NFA and requires a firm application, filings for each principal and AP, $1,000,000 in capital and a built compliance program.
Lead Generator Consent and Vicarious Liability for Seller Companies
A seller can be liable under the TCPA for calls its lead generators make when agency, apparent authority or ratification applies. Here is how to limit it.
What the Telemarketing Sales Rule Requires of Debt Settlement Companies
The Telemarketing Sales Rule reaches nearly every debt settlement company, including inbound calls from ads. Here are the TSR provisions that apply.
Felix Shipkevich Discusses CLARITY Act Setback and the Future of U.S. Crypto Regulation
The future of comprehensive digital asset regulation in the United States remains uncertain following the Senate’s failure to advance the Digital Asset Market Clarity Act,
Guide to Debt Settlement Industry Laws, Regulations, and Cases in the U.S. (4th Edition)
The fourth edition of our debt settlement regulatory guide is now available as a free download from Shipkevich PLLC. “Guide to Debt Settlement Industry Laws,
August 2026 TCPA / FDCPA / FCRA Litigation Update: Mixed Monthly Results Persist as 2026 Litigation Keeps Trending High
Consumer litigation activity remained mixed in August 2026, with WebRecon’s latest data reflecting another month of divergent movement across the major consumer protection statutes. Fair
CFPB Takes a Debt Relief Judgment to the Seventh Circuit
On September 24th, 2026, the CFPB filed its appellate brief in the Seventh Circuit defending a judgment it won against a student loan debt relief
Senate Report Puts Stablecoin Freezing Practices on the Table
On September 28th the minority staff of the Senate Permanent Subcommittee on Investigations released a report concluding that the largest dollar pegged stablecoin has become
Two Payment Processor Settlements in One Week Signal a New Federal Trade Commission Standard for Merchant Screening
The Federal Trade Commission announced settlements with two payment processors in the first week of September 2026, four days apart. On September 4th, a large
A Federal Court Says Distance From the Consumer Is Not Distance From the Telemarketing Sales Rule
On September 15, 2026, the United States District Court for the Western District of New York denied every pending motion to dismiss in CFPB v.
Felix Shipkevich Discusses CFTC Rulemaking and Crypto Regulatory Uncertainty in DeFi Rate
Shipkevich PLLC founder and principal Felix Shipkevich was recently featured in DeFi Rate discussing the potential impact of Commodity Futures Trading Commission (CFTC) rulemaking on
Felix Shipkevich Discusses the CLARITY Act and the Future of U.S. Crypto Regulation in Yahoo Finance
Shipkevich PLLC founder and principal Felix Shipkevich was recently featured in Yahoo Finance discussing the Digital Asset Market CLARITY Act and what greater regulatory certainty
Felix Shipkevich Featured in U.S. News & World Report on Rising Remittance Costs
Shipkevich PLLC founder and principal Felix Shipkevich was recently featured in U.S. News & World Report discussing changes to the cost of sending money internationally
July 2026 Litigation Update: FCRA Filings Continue to Climb as Other Consumer Litigation Pulls Back, YTD Figures Still High
Consumer litigation activity produced another month of divergent results in July 2026, with WebRecon’s latest data showing declines across nearly every category except the Fair
Oregon Now Requires Tax Relief Companies to Register as Debt Management Service Providers
On September 2nd, 2026, the Oregon Division of Financial Regulation issued Bulletin No. DFR 2026-8, taking the position that any company offering tax relief or
What State Telemarketing Registration Actually Requires, With a 50-State Survey
We have received a steady stream of questions lately about state telemarketing registration. Who is considered a telemarketer. When registration is actually required. Whether a
Felix Shipkevich Discusses Subscription Charges and Credit Card Disputes in U.S. News & World Report
Shipkevich PLLC founder and principal Felix Shipkevich was recently featured in U.S. News & World Report discussing one of the most common sources of credit
Felix Shipkevich Discusses the Regulatory Future of Prediction Markets in CasinoBeats
Shipkevich PLLC founder and principal Felix Shipkevich was recently featured in CasinoBeats discussing the evolving regulatory landscape surrounding prediction markets and the ongoing question of
The Pro Se Surge in the Age of AI and What It Means for Debt Relief Companies
Debt relief companies have spent the past two years facing a steady rise in demand letters and self-filed lawsuits from unrepresented consumers, particularly under the
When the Consumer Moves: The Attorney Exemption and Debt Settlement Across State Lines
This is a topic that comes up often with our clients, and it prompted me to put this article together. The fact pattern is simple,
FTC Enforcement Reaches the Tax Relief Industry
On August 13th, the Federal Trade Commission published a consumer alert warning taxpayers about companies that promise to settle tax debt for pennies on the
June 2026 Litigation Update: Mixed Monthly Results Continue While 2026’s Elevated Litigation Environment Persists
Consumer litigation activity produced another month of mixed results in June 2026, with WebRecon’s latest data reflecting the continued month-to-month volatility that has characterized the
Felix Shipkevich Discusses AI Agent Liability and Financial Regulation in Sandmark
Shipkevich PLLC founder and principal Felix Shipkevich was recently featured in Sandmark’s examination of one of the emerging legal questions surrounding artificial intelligence: what happens
Delaware Enacts Broad Financial Services Modernization Package Addressing Digital Assets, Money Transmission, and Payment Stablecoins
On July 6th, 2026, Delaware enacted Senate Bills 16, 18, and 19, the most comprehensive overhaul of the state’s financial services laws in decades. Together
New York City Enacts “Click to Cancel” Rule for Automatic Renewals and Continuous Services, Effective October 1, 2026
On October 1, 2026, the New York City Department of Consumer and Worker Protection (“DCWP”) will begin enforcing a new local rule governing automatic renewal
May 2026 Litigation Update: A Broad Monthly Pullback While 2026’s Elevated Numbers Hold
Consumer litigation activity pulled back across the board in May 2026, with WebRecon’s latest data showing a near-mirror image of April’s results. After every major
Virginia Enacts Comprehensive Money Transmission Modernization Act, Effective July 1, 2026
On July 1, 2026, Virginia House Bill 1942 goes into effect, overhauling the Commonwealth’s money transmission regulatory framework and replacing Chapter 19 of Title 6.2
Texas Imposes $75,000 Penalty Against Payroll Services Provider
The Texas Department of Banking recently imposed a $75,000 administrative penalty against an out-of-state payroll services provider for conducting money transmission in Texas without a
Colorado Codifies Restrictions on Alternative Business Structures and Revenue Sharing
On June 4, 2026, Colorado enacted the Colorado Legal Practice Integrity and Fee Sharing Prohibition Act. Absent a referendum petition, the law is scheduled to
Felix Shipkevich Authors Law360 Analysis on Private Equity Investment in Law Firms
Felix Shipkevich, principal of Shipkevich PLLC and Special Professor of Law at Hofstra University, recently authored an analysis published by Law360 examining the growing legislative
Felix Shipkevich Quoted in American Banker on AI’s Role in Fighting Crypto Crime
Felix Shipkevich, founder of Shipkevich PLLC, was recently quoted in an American Banker article examining how artificial intelligence is transforming the investigation and detection of
California DFPI Issues Second Modified Proposed Regulations Under Digital Financial Assets Law
On June 5, 2026, the California Department of Financial Protection and Innovation issued a second modified text of its proposed regulations under the Digital Financial
April 2026 Litigation Update: Consumer Litigation Rises Across All Major Statutes as YTD Totals Remain Elevated
Consumer litigation activity moved higher across the board in April 2026, with WebRecon’s latest data showing the first month since March 2025 in which all
Kansas Establishes Virtual Currency Kiosk Framework and Elder Financial Exploitation Reporting Protections
Kansas Governor Laura Kelly signed House Bill 2591 (“HB 2591” or the “Bill”) into law on April 9, 2026, enacting two significant consumer protection measures: