Maxwell Earp-Thomas

Max advises banks, fintechs, and other non-bank financial services providers on a wide range of regulatory issues, with a focus on consumer lending, payments, and bank-fintech partnerships. He is based in the firm’s Orange County office and is a member of the Finance & Bankruptcy Practice Group.

Max is a member of the firm’s Consumer Finance and Blockchain & Fintech Teams. His work often involves helping clients adjust their business models to maintain compliance with key statutes—such as TILA, FCRA, UDAAP, and state money transmitter laws—with an eye towards enhancing profitability and operational continuity.

Max regularly helps companies update their policies and procedures to keep pace with evolving regulatory expectations and minimize enforcement risk. He also provides strategic guidance on product development, marketing, and servicing practices, and supports clients in responding to civil investigative demands from the Consumer Financial Protection Bureau and other regulators. Max has particular experience advising on lender-placed insurance programs, solar lending, credit card products, and mortgage lending.

When he’s not advising clients, Max enjoys watching college football and is an avid rock climber.

Articles

Blockchain and Cryptocurrency: Law of the Ledger Blog Posts

• "Federal Crypto Ownership: Compliance Implications of the Strategic Bitcoin Reserve and U.S. Digital Asset Stockpile," April 4, 2025
• "CSBS Flags Key Risks in Draft Stablecoin Legislation," April 4, 2025

• "AI and Blockchain – 1+1 =3," February 18, 2025
• "SEC Launches Crypto Task Force Website to Bring Clarity to Crypto Regulation," February 6, 2025

• "NFT Legal Issues," December 31, 2024
• "NFTs and Securities Law Issues Are on the Rise – SEC Analysis Relies on Resale Royalties," December 31, 2024
• "SEC Hits Blockchain Gaming Project with Wells Notice," December 23, 2024

• "Hawk Thua – Sue that Thing! When Will Celebrities Learn the Risks of Launching Crypto Tokens?," December 20, 2024

Corporate & Securities Law Blog Posts

• "SEC Withdraws from Prominent Crypto Enforcement Amid Regulatory Shift," February 27, 2025

Consumer Finance and Fintech Blog Posts

• "CFPB Seeks to Reopen Small Business Lending Rule Under Section 1071," April 4, 2025

• "Treasury Confirms All CDFI Fund Programs Are Backed by Law Amid Executive Order Review," April 4, 2025
• "Utah and Arkansas Enact Earned Wage Access Regulations," April 4, 2025

• "Kentucky Enacts New Law Establishing Legal Framework for Blockchain and Digital Assets," April 4, 2025
• "FDIC Updates Crypto Guidance, Removes Pre-Approval Requirement for Banks," April 4, 2025
• "CFPB Plans Limited Enforcement of Payday Lending Rule," April 4, 2025
• "Federal Regulators Signal Reversal on 2023 CRA Modernization Rule," April 4, 2025

• "FHFA Rescinds UDAP Oversight Bulletin and SPCP-Based Renter Protections," March 28, 2205
• "CFPB to Withdraw BNPL Interpretive Rule Amid Broader Agency Rollback," March 28, 2025

• "Virginia Governor Vetoes Rate Cap and AI Regulation Bills," March 28, 2025
• "Pennsylvania AG Alleges Mortgage Brokers Engaged in Illegal Referral Scheme," March 28, 2025

• "FTC Orders Fintech Company to Pay $17 Million for Allegedly Deceptive Subscription Practices," March 28, 2025
• "FDIC Aims to Eliminate Reputational Risk from Supervision," March 28, 2025

• "CFPB Moves to Vacate Redlining Settlement Against Illinois-based Mortgage Lender," March 28, 2025
• "From Seizures to Strategy: The U.S. Government’s Move Toward a National Crypto Reserve," March 27, 2025

• "OCC Clarifies Banks’ Role in Cryptocurrency Activities," March 14, 2025

• "CFPB Continues Lawsuit Over Alleged Military Lending Act Violations," March 7, 2025
• "FDIC Withdraws Proposed Rule on Brokered Deposits," March 7, 2025

• "Maryland OFR Responds to Market Concerns Over Licensing Requirements for Mortgage and Installment Loan Assignees," March 7, 2025
• "Federal Court Pauses Open Banking Rule Litigation," February 28, 2025
• "Class Action Certified Against Fintech Lender for Home Improvement Loans," February 28, 2025

• "FDIC Withdraws Support for Colorado’s Opt-Out Law Before Tenth Circuit," February 28, 2025
• "CFPB Drops Lawsuit Against Online Lender Following Litigation Freeze," February 28, 2025

• "California DFPI Reaches Settlement with Lender Over Crypto-Backed Loans," February 28, 2025
• "CFPB Director Nominee Testifies on Agency Leadership and Enforcement Approach," February 28, 2025

• "Trump Administration Announces New Picks for the CFPB and OCC," February 14, 2025
• "Texas Federal Court Pauses CFPB Rule Banning Medical Debt from Credit Reports," February 14, 2025

• "CFPB Pauses Supervision Order, Signals Potential Rescission," February 14, 2025
• "California Governor Appoints New DFPI Commissioner," February 14, 2025

• "City of Baltimore Sues to Block CFPB Defunding," February 14, 2025
• "Eleventh Circuit Strikes Down One-to-One Consent Rule," February 7, 2025

• "CFPB Signals Shift in Position on Section 1071," February 7, 2025

• "Illinois ‘Swipe Fee’ Law Faces Continued Pushback as Court Partially Extends Injunction," February 7, 2025
• "Treasury Secretary Scott Bessent Appointed as Acting CFPB Director," February 7, 2025
• "New York AG Reaches $1 Billion Settlement with ‘Predatory’ Lender," February 7, 2025

• "Delays Implementation of One-to-One Consent Rule," January 31, 2025
• "CFPB Orders Remittance Company to Pay $2.5 Million for Deceptive Practices and Inaccurate Disclosures," January 31, 2025

• "Fifth Circuit Strikes Down FTC’s ‘Junk Fee’ Rule for Auto Dealers," January 31, 2025
• "New York Proposes Limits on Overdraft and NSF Fees," January 31, 2025

• "CFPB Takes Action Against Illinois Mortgage Lender for Redlining Violations," January 24, 2025
• "New FDIC Chairman Outlines Agency’s New Priorities," January 24, 2025

• "Maryland Expands Licensing Requirements for Mortgage Loan Assignees," January 24, 2025
• "Trump Administration Issues Regulatory Freeze," January 24, 2025

• "CFPB Issues Warning on Risks of Home Equity Contracts, Takes Legal Action to Ensure Compliance with TILA," January 17, 2025

• "CFPB Publishes Supervisory Highlights Focused on Deposits, Small-Dollar Lending, BNPL, and Paycheck Advance Products," January 17, 2025
• "CFPB Orders Credit Reporting Agency to Pay $15 Million for Mishandling Consumer Disputes," January 17, 2025

• "Trade Group Calls for Clarity on Ohio Fintech Guidance," January 17, 2025
• "CFPB Proposes Rule to Protect Consumers from Unfair Contract Clauses," January 17, 2025

• "CFPB Proposes Interpretive Rule on Emerging Payment Mechanisms Under EFTA," January 17, 2025
• "CFPB Updates No-Action Letter and Compliance Assistance Sandbox Policies to Spur Innovation," January 10, 2025

• "CFPB Finalizes Rule Removing Medical Bills from Credit Reports," January 10, 2025

• "CFPB Sues Mortgage Lender for Predatory Lending Practices in Manufacture Homes Loans," January 10, 2025

• "CFPB Alleges Credit Reporting Agency Conducted Sham Investigations of Errors," January 10, 2025
• "FDIC Enforcement Spotlights Deficiencies in Kansas Bank’s Anti-Money Laundering Program," January 10, 2025

• "Treasury Highlights AI’s Potential and Risks in Financial Services," January 3, 2025
• "FTC and DOJ File Amended Complaint Against Cash Advance Fintech," January 3, 2025

• "Riding the Wave: How the Crypto Surge is Influencing Finance," January 3, 2025

• "Banks Win Temporary Reprieve from Novel Illinois Swipe-Fee Law," December 23, 2024
• "CFPB Report Highlights Widespread Violations in Student Loan Sector," December 23, 2024

• "CFPB Calls on Other Enforcement Agencies to Address Bait-and-Switch Credit Card Rewards Practices," December 23, 2024

• "CFPB Issues Risk-Based Supervision Order Over Major Tech Company," December 13, 2024

• "CFPB Bans Debt Collection Agency Over Student Loan Abuses," December 13, 2024
• "CFPB Seeks Input to Address Coerced Debt and Financial Abuse Under FCRA," December 13, 2024

• "CFPB Takes Aim at Data Brokers in Proposed Rule Amending FCRA," December 6, 2024
• "Fifth Circuit Overturns OFAC Sanctions on Blockchain-based Privacy Technology," December 6, 2024

• "Federal Reserve Board Penalizes Two Banks for Compliance Deficiencies," November 27, 2024
• "New CFPB Larger Participant Rule Boosts Oversight of Major Digital Payment Providers," November 22, 2024

• "Federal Court Denies Request to Delay CFPB’s Small Business Lending Rule as Compliance Deadlines Approach," November 22, 2024
• "CFPB Report Highlights Financial Data Protection Challenges," November 15, 2024

• "CFPB Hits Telecom Giant with Fines for Alleged Exploitation of Incarcerated Consumers," November 15, 2024

• "Debt Collectors Push Back: Trade Group Sues CFPB Over New Medical Debt Collection Rules," November 8, 2024

• "CFPB Penalizes Major Credit Union for Mishandled Online Banking Program Rollout," November 1, 2024
• "California DFPI Rolls Out Registration Requirements for Debt Settlement, EWA, and Student Loan Relief Providers," November 1, 2024

• "CFPB Finalizes Personal Financial Data Rights Rule," October 25, 2024

• "CFPB Warns Employers Regarding FCRA Rules for AI-Driven Worker Surveillance," October 25, 2024

• "FTC Finalizes ‘Click to Cancel’ Rule," October 18, 2024

• "CFPB and DOJ Target Mortgage Lender for Alleged Discriminatory Redlining Practices," October 18, 2024

• "OCC Issues Guidance on Refinance Risk in Commercial Lending," October 18, 2024
• "CFPB Supervisory Highlights Target Auto Finance Missteps," October 11, 2024

• "Swipe Fee Saga Continues: OCC and Trade Groups Clash with Illinois AG," October 11, 2024
• "Credit Repair Company Fined $50M for Misleading Consumers," October 4, 2024

• "CFPB Issues Guidelines for Medical Debt Collection," October 4, 2024

• "California Expands Debt Collection Protections for Small Businesses and Consumers," September 27, 2024

• "CFPB Report Highlights Student Loan Struggles Facing Servicemembers," September 27, 2024
• "CFPB Revises Disclosure Requirements for Remittance Providers," September 27, 2024

• "Senators Urge Regulators to Adopt Tighter Controls for BNPL," September 20, 2024

• "CFPB Cracks Down on Credit Services Provider for Gouging and Trapping Consumers," September 13, 2024

• "CFPB Targets Medical and Rental Debt Collection in 2024 Annual Report," September 13, 2024

• "CFPB Penalizes VA Lender for Misrepresenting Cost of Cash-Out Refinance Loans," September 6, 2024

• "New Hampshire Updates Motor Vehicle Retail Installment Act: What Lenders Need to Know," August 23, 2024

• "Advocacy Group Petitions CFPB to Categorize Housing Rental Leases as 'Credit'," August 16, 2024

• "CFPB Settles Action against Third-Party Service Provider Supporting Credit Repair Industry," August 9, 2024

• "Congressional Measure Aims to Undo Recent CFPB Buy Now Pay Later Guidance," August 9, 2024
• "FTC Settles Action Against Online Career-Training Company for Deceptive Advertising," August 2, 2024

• "CFPB Report Spotlights Hidden Fees in School Lunch Payments," July 26, 2024

• "Fed Cracks Down on Utah Bank for Alleged Compliance Failures with $44 Million Fine," July 26, 2024

• "New Florida Law Overhauls Consumer Finance Loan Interest Rate Requirements," July 19, 2024

• "CFPB Proposes Revamped RESPA Mortgage Servicing Rules," July 12, 2024

• "Oklahoma Bank Faces FDIC Consent Order," July 5, 2024

• "Payday Lending Rule Slated to Take Effect, 7 Years Later," June 21, 2024
• "Swipe Fee Showdown: Illinois Passes Novel Payments Law," June 21, 2024

• "CFPB Cracks Down on Mortgage Servicers, Alleging Harmful Practices Against Older Homeowners," June 21, 2024

• "CFPB Proposes Rule to Transform Credit Reporting Practices on Medical Debt," June 14, 2024
• "Florida Expands its 'De-Banking' Law," June 14, 2024

• "CFPB Circular Targets 'Deceptive' Fine Print," June 7, 2024

• "CFPB Takes Legal Action Against Student Loan Servicer for Chasing Debt on Discharged Student Loans," June 7, 2024

• "CFPB Files Motion for Summary Judgment on HMDA Enforcement Action," May 31, 2024

• "CFPB Director Targets Credit Reporting Fees," May 24, 2024

• "CFPB Interpretive Rule Holds That BNPL Lenders Are Credit Card Providers," May 24, 2024

• "CFPB Shuts Down Debt Relief Provider Over Fraudulent Student Loan Practices," May 24, 2024

• "CFPB Report Targets Games and Virtual Worlds – What Blockchain Game and Metaverse Companies Need to Know," May 29, 2024

• "Reminder: FTC Safeguards Rule Notification Requirement Now In Effect," May 17, 2024

• "CFPB Settles Action Against Student Loan Servicer and Securitization Trusts," May 10, 2024
• "FTC Calls Out Bill Payment Company’s Use of Dark Pattern Practices," May 3, 2024
• "FTC Cracks Down on Payments Processor for Facilitating Fraud," May 3, 2024

• "CFPB Announces Update in Continued War on Mortgage Servicing Junk Fees," April 26, 2024

• "Kansas Introduces New Commercial Financing Disclosure Law," April 19, 2024

• "CFPB Announces Potential FCRA Expansion Targeting Brokers of Consumer Data," April 5, 2024

• "Report Signals CFPB Taking Aim at Video Game and Virtual Worlds Industries," April 5, 2024

• "Lenders Sue to Block Colorado’s Interest Rate ‘Opt-Out’ Law," March 29, 2024

• "Third Circuit Ruling Gives CFPB Green Light to Enforce Against Student Loan Trusts," March 22, 2024

• "FTC Announces Major Expansion of Telemarketing Sales Rule," March 15, 2024

• "Trade Groups Continue Fight Against CFPB’s 1071 Small Business Rulemaking," March 8, 2024

• "Crypto Platform Settles SEC and State Regulator Charges over Interest Bearing Feature on Customer Accounts," February 16, 2024
• "DOJ and North Carolina Attorney General Reach $13.5M Settlement in Discriminatory Lending Case," February 9, 2024

• "FTC Cracks Down on Data Aggregator, Bans Sale of Precise Consumer Location Data," February 2, 2024

Privacy Law Blog Posts

• "SEC Creates New Tech-Focused Enforcement Team," March 28, 2025