Incompetence or Death of a Customer
๐ 2026 Update: Key Changes in Consumer Protection and Business Law
Since the original article was published, there have been significant updates in consumer protection laws and small business lending regulations. These changes can affect how businesses operate and address customer concerns. The earlier article continues further down the page for more context.
๐ New Rules for Lending
In April 2026, the Consumer Financial Protection Bureau (CFPB) made important changes to Regulation B. This regulation is part of the Equal Credit Opportunity Act (ECOA). The amendment clarified that ECOA does not recognize disparate-impact liability, which can change how credit decisions are made.
- ๐ Focus on Small Business Lending: A revision in May 2026 streamlined the rules for lenders. This aims to make small business lending easier to understand and manage, which can benefit businesses seeking loans.
โ๏ธ FTC Changes Affecting Businesses
In February 2026, the Federal Trade Commission (FTC) restored the original 1973 version of the Negative Option Rule. This change followed federal court decisions that invalidated the 2024 amendments. Businesses must now comply with the older rules regarding subscription services and automatic renewals.
- ๐ Increased Penalties: Starting January 2025, the maximum civil penalty for violating FTC rules is $53,088 per individual violation. This increase means businesses need to be more careful in their operations to avoid costly fines.
๐ Consumer Credit Changes
As of December 2025, the Federal Reserve Board and the CFPB announced that certain regulations will apply to consumer credit transactions and leases of $73,400 or less. This change reflects a 2.1% increase in the Consumer Price Index, affecting how lenders and consumers interact.
- ๐ Timelines for Disputes: Consumers have 60 days to dispute a credit card charge. For debit cards, disputes can be resolved in as few as 10 business days, making it essential for businesses to handle these issues quickly.
๐ Summary of Key Points
- ๐ New lending rules from the CFPB aim to simplify small business loans.
- โ๏ธ FT penalties for violations have increased, impacting compliance costs.
- ๐ Consumer credit thresholds have been adjusted due to inflation.
- ๐ Dispute timelines are important for managing customer interactions.
๐ก Tips to Navigate Business Law and Consumer Rights
Review your specific situation with your attorney for the best understanding of these rules and how they apply to you.
๐ Understand Your Lending Options
Know the current regulations for small business loans under ECOA. The recent changes may affect your eligibility and how you apply.
โ๏ธ Stay Updated on FTC Rules
Be aware of the FTC's restoration of the Negative Option Rule. This impacts how you manage subscription services and communicate with customers about automatic renewals.
โฐ Manage Dispute Timelines
Make sure to handle credit card disputes within the 60-day window. Quick responses can improve customer satisfaction and minimize potential issues.
๐ Keep Accurate Records
Document all financial transactions and communications with customers. This can protect your business in case of disputes or regulatory reviews.
๐ผ Utilize Available Resources
Take advantage of resources from the CFPB and FTC. They offer guidance on consumer protection and can help clarify your obligations.
๐ Monitor Compliance Costs
Be prepared for increased compliance costs due to new regulations. Regular audits can help ensure that your business meets all legal requirements.
๐ Services for Business Formation and Legal Support Ranked by User Reviews (2026)
This section covers services that assist in legal matters related to business formation and compliance. The rankings are based on Trustpilot data from October 2026. Ratings can change over time, and while high scores indicate positive feedback, unhappy customers tend to leave more reviews, which can skew perceptions.
๐ฅ 1. LegalZoom
LegalZoom has been rated 4.6. It is known for its business formation services and legal document preparation. Reviewers often cite concerns about delays in processing and customer service responsiveness, which may affect the speed of getting legal documents.
๐ฅ 2. LegalShield
LegalShield holds a Trustpilot score of 4.4. It is recognized for providing legal subscription services and access to legal advice. However, some users mention difficulty in reaching their assigned attorneys and slow callback times, which can impact timely legal support.
๐ฅ 3. Rocket Lawyer
Rocket Lawyer has an average score of 4.5. It is known for online legal document creation and affordable legal services. Reviewers point out that the subscription model can lead to extra charges, and customer support may be limited.
4๏ธโฃ Bizee
Bizee holds a score of 4.8. It offers business formation services and registered agent services. However, it is noted for providing limited legal advice, as it is not a law firm, which could be a limitation for businesses needing comprehensive legal support.
๐ Free Government Resources
The Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) provide free resources for consumers facing financial product issues. These can be valuable for businesses needing guidance on compliance and consumer protection laws.
๐ Factors to Compare in Service Selection
- ๐ Service offerings: What specific services do they provide?
- ๐ Processing times: How quickly do they handle requests?
- ๐ฌ Customer support: What is the availability and responsiveness of support teams?
- ๐งพ Cost structure: Are there hidden fees or charges?
- โญ User reviews: What do other customers say about their experiences?
โ Frequently Asked Questions
โ What is disparate-impact liability?
Disparate-impact liability refers to a legal concept where policies or practices may have a discriminatory effect on a group, even if there is no intent to discriminate. Recent changes mean ECOA does not recognize this liability.
๐ฆ How do I dispute a credit card charge?
You must submit a written dispute notice to your card issuer within 60 days from the date the statement containing the error was sent. Ensure you include all relevant details in your notice.
๐ What are the penalties for violating FTC rules?
As of January 2025, the maximum civil penalty for violations of FTC rules is $53,088 per individual violation. This highlights the importance of compliance with consumer protection laws.
๐ How do small businesses report credit applications?
Covered financial institutions must collect and report data on credit applications for small businesses, including those owned by women or minorities. This is part of the changes mandated by the Dodd-Frank Act.
โฐ What is the timeline for resolving debit card disputes?
Debit card disputes can often be resolved in as few as 10 business days, depending on the circumstances of the dispute. This quick resolution is important for maintaining customer trust.
๐ Where can I find help with consumer financial issues?
The CFPB and FTC offer resources and assistance for consumers facing financial product issues. These organizations can guide you on your rights and available options.
โ๏ธ Recent Cases Related to Consumer Protection
Recent court rulings have addressed various aspects of consumer protection and business practices. These rulings relate to updated regulations affecting how businesses interact with customers and comply with laws.
- Court dismisses appeal by Potomac Yard ConstructorsArmed Services Board of Contract Appeals ยท July 7, 2026
- Delaware court rules on motions in HKA Global v. Beirise caseCourt of Chancery of Delaware ยท August 3, 2026
- Delaware Court Rules on Earnout Dispute in Security Sale CaseCourt of Chancery of Delaware ยท August 3, 2026
- Delaware Court Denies Motion to Dismiss in Loan Dispute CaseCourt of Chancery of Delaware ยท August 4, 2026
For more recent rulings, you can browse more rulings on the news page.
End of October 2026 Update
A bank might find itself in the unfortunate circumstance of dealing with an account for a customer who has passed away or is rendered incompetent in some other fashion. For example, a given individual might write a check to another party and then get into a car accident by accident, resulting in the drawer's death.
The question then arises for the drawer's bank: does the payee still have a right to present the check for payment? If the payee does so, should the bank deny the check or should it pay from the account of the dead drawer? Even in cases where the drawers do not die, it is possible for those drawers to instead be reduced to an incompetent state in which they can neither validate nor stop a check. In these cases, the banks of the drawers would face a similar dilemma.
The Uniform Commercial Code provides specifically for this circumstance with a subsection under Article 4. According to this subsection, banks are allowed to continue to accept, pay, or collect negotiable instruments with regard to a dead or incompetent customer as long as the banks do not yet have knowledge of the death or incompetency of the customer.
If, for example, the customer drew a check shortly before his or her death, then the bank of that customer would still be within its rights to pay on that check, assuming that the bank has not received notice of the customer's death.
This is to prevent situations in which the authority of banks to serve their necessary roles with regard to customers would suddenly vanish as soon as the customer dies or is rendered incompetent, even though the bank would have no knowledge of such a state of affairs. This is, in effect, an extension of the good faith principles espoused elsewhere in American commercial law. As long as the banks in question are not knowingly committing any kind of wrongdoing, they are protected.
When a bank is notified of a customer's death or incompetence, the bank actually still retains the necessary authority to deal with checks drawn prior to the date of death or incompetence for 10 days after that date. This allows banks to continue to deal with accounts as necessary in order to pay off checks drawn while the customer was still alive or competent without problem.
After 10 days have passed from the date of incompetency or death, the bank would lose such authority, assuming that it had knowledge by that point of the customer's death or incompetency. The only exception to this "10 day" rule is when a party with a clear interest in the account of the customer intercedes and orders the bank to stop payment on checks drawn from the customer's account.
For example, if the wife of a dead man were to officially gain control of the dead man's account, then she could order the bank to stop payment on any drafts drawn from that account, and the bank would be obligated to do so, despite the fact that 10 days may not have passed.
Any checks drawn on the account after the customer's death would likely be fraudulent. Unless the account was a joint account, then it would be attached to the single party. Even if another party would come to have possession of the account and the funds therein, the fact remains that until legal transfer of the account could be completed, banks should not allow for payment on any checks drawn from that account after the date of death or incompetency.