Consumer Finance Regulatory Trends: Takeaways from the 2026 NMLS Conference


6 minute read | March.18.2026

Regulators and industry participants gathered at the 2026 Nationwide Multistate Licensing System (NMLS) Annual Conference & Training in Orlando to discuss emerging supervisory priorities and regulatory developments affecting the consumer finance industry. Conversations throughout the conference highlighted several themes, including evolving CFPB enforcement activity, growing scrutiny of innovative consumer finance products, expanded use of supervisory technology and the implementation challenges associated with new federal legislation such as the GENIUS Act.

Members of our team were on site for the event and below are several notable takeaways from conference sessions relevant to consumer finance companies, money services businesses and mortgage market participants.

Updates on NMLS Enhancements

Future enhancements to the NMLS focus on company and MLO relationships, licensee and regulator communication, and overall user experience improvements. Currently, the NMLS has rolled out a new interface for Form MU4 Individuals. On April 18, the NMLS will roll out updated NMLS Disclosure Questions for Form MU4 and Form MU2 individuals. These updates to the Disclosure Questions will impact all mortgage loan originators and all individuals that complete the MU2 Form (control persons, including company owners and officers, sole proprietors, qualifying individual and branch managers). Once the new disclosure questions are implemented, a company will not be able to submit a Form MU1 without the Form MU2 individuals having answered the updated questions.

NMLS Ombudsman Meeting

The NMLS Ombudsman holds a meeting twice a year to provide a venue for discussing industry issues or concerns regarding the NMLS. The February meeting at the annual NMLS Conference addressed concerns about how regulators and the industry might respond to a large-scale failure and the systemic risks that could arise from the collapse or distress of a major market participant.

Industry requests were also raised for consideration of the following items:

  • Reminders for Expiring Fingerprints — Implementing reminders/notices from CSBS to control persons and/or the company for the expiration of fingerprints in the system (i.e., a notification giving a 30- or 60-day warning of an upcoming expiration).
  • Surety Bonds — Updating the surety bond section of the NMLS to more clearly represent continuous bonds versus those with expiration dates.
  • Renewal Checklists — Standardizing renewal checklist publication deadline for states to ensure that renewal requirements are posted on the NMLS in a timely manner and licensees can be certain that the requirements they have pulled are current.
  • Deficiency Items – Providing the name, telephone number and email address of the regulators posting the deficiency items to allow licensees a direct point of contact for communicating with regulators and addressing the request.

CFPB Developments

The CFPB is still operating under an acting director and, since the beginning of the year a number of investigations have restarted, signaling some level of continued enforcement activity at the Bureau. It also appears that consumer complaints processing continues, as these can be submitted through the CFPB’s database and are forwarded to companies that are the subject of those complaints. Further, the CFPB does have an examination calendar, and virtual exams may start in April 2026. Nevertheless, some states have increased consumer protection enforcement to address perceived gaps created by reduced CFPB activity.

Three areas of significant CFPB rulemaking include:

  1. Small business lender obligations and data collection
  2. ECOA/disparate impact rulemaking asserting that only the CFPB has authority to conduct examinations related to disparate impact
  3. 1033 rule/personal data rights rule, which requires deposit holders to provide access to third parties

Policy Updates, Technology and Supervision

Multiple sessions throughout the event focused on policy updates and how technology is being deployed by regulators, as well as the risks that increased use of emerging technologies can pose to financial services companies. A few important points from these sessions include:

  • Mortgage policy priorities are shifting, with policymakers focused on housing affordability, the structure of the secondary market and risk management practices for nonbank mortgage companies.
  • Around the world, supervisory technology — including artificial intelligence — is being used by financial supervisors to enhance their oversight functions. 
  • With increased use of technology and artificial intelligence, the Chief Information Security Officer (CISO) role is becoming more important as companies manage their risk postures to include physical and digital risks. This includes the rising threat posed by increasingly sophisticated phishing schemes targeting financial services companies and state regulatory agencies.

Innovative Products in Consumer Finance

As new products develop and become widely adopted, it presents questions about where these products may fall within the regulatory oversight spectrum. A few examples include:

  • Buy Now, Pay Later (BNPL) — As of December 2025, seven state attorneys general have announced inquiries into the business practices of the largest BNPL providers.
  • Earned Wage Access (EWA) — There has been debate on whether the EWA product is considered a loan, and thus regulated under existing consumer loan laws. The CFPB provided an advisory opinion in 2025 that sought to resolve uncertainty under TILA and Reg Z, but courts have reached differing conclusions, with a number rejecting claims that EWA products are not loans.
  • Rental Fintech Products — These products, aimed at tenants, provide assistance with rent-splitting services and alternatives to security deposits. Concerns around these products include the potential for high fees and the risk of the product becoming a “debt trap” for consumers.
  • Home Equity Investments (HEI) — HEI providers purchase rights to a portion of a home’s equity. The risk for the provider arises if the value of the property decreases; the provider then risks losing their investment. From a regulatory perspective, while there are claims that the product is not a loan, states are considering and enacting legislation to include HEI within the meaning of a mortgage loan.

Stablecoin Implementation

The federal GENIUS Act was signed into law and becomes effective January 2027, providing a short runway for a new national regulatory framework for stablecoins. The Act established federal baseline standards for stablecoins and imposes greater scrutiny of reserves, but retains state licensing, examination and enforcement authority. This creates gaps in potential readiness for both regulators and market participants:

  • Regulators — Examiner expertise, staffing and budgets
  • Industry — Additional multistate complexities and reporting systems

Looking ahead, examiner training and interstate coordination along with early guidance by state regulators may help close the supervisory gaps. From the industry perspective, mapping state exposure and early engagement with reserve and reporting systems may be helpful as entities plan for transitional supervision.

Bank-Fintech Partnership

Bank-fintech partnerships and supervisory oversight are also top of mind, with a number of recent enforcement actions in this space, especially around AML. Given differing priorities across entities, risk management and compliance standards should be set by the bank partner. Importantly, a reasonableness standard in the AML program should be considered to ensure that the bank-fintech partnership does not carry unnecessary or burdensome requirements. States are increasingly focused on partnerships, ensuring standards are met. However, even as the pace of financial innovation accelerates, regulators may not have access to the latest supervisory technology resources due to procurement laws and other factors.

As partnerships develop, scale and end, entities should consider successor banks and plans for termination. Ensuring ongoing compliance is important, because even if regulatory oversight increases or becomes more relaxed, or technology causes delays, there is always a look-back period during exams that entities will have to take into account.

Conclusion

The discussions at the NMLS conference reflect broader trends shaping the consumer finance regulatory environment, including increased state-level engagement, evolving federal enforcement priorities and growing regulatory attention to emerging fintech products. Market participants should remain attentive to these developments as regulators continue adapting supervisory frameworks to address innovation in financial services.

If you would like to discuss any of these developments or their potential implications for your business, please contact the authors or your usual Orrick contact. Senior Paralegal Kimberly McCready contributed to this article.