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Payments Year in Review 2025: Federal and State Developments – Part 2

By Keith J. Barnett, Jason Cover & Carlin McCrory on February 11, 2026
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In the second installment of the two-part Payments Year in Review series, hosts Keith Barnett, Carlin McCrory, and Jason Cover focus on the state-level developments that shaped the 2025 payments landscape and will influence 2026.

They begin with buy now, pay later (BNPL) and earned wage access (EWA), explaining how the CFPB’s rollback of its BNPL rule has prompted states like New York to regulate “BNPL” products, while states such as Connecticut move to treat common EWA fees as finance charges, in contrast to more permissive regimes like Louisiana.

The discussion then turns to the patchwork of state laws on convenience fees and surcharges, including Oklahoma’s new statute and “junk fee” litigation brought in certain states. The episode closes with updates on merchant cash advances, Colorado’s DIDMCA opt-out, and growing state adoption of the Money Transmission Modernization Act and related exemptions.


Transcript: Payments Year in Review 2025: Federal and State Developments – Part 2 (PDF)

Photo of Keith J. Barnett Keith J. Barnett

Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts…

Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts, state courts, and before arbitration and administrative law panels in the financial services industry.

Read more about Keith J. BarnettEmailKeith's Linkedin Profile
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Photo of Jason Cover Jason Cover

Jason’s in-depth experience advising on consumer lending matters both as in-house counsel and outside advisor provides extensive industry knowledge for his financial services clients.

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Photo of Carlin McCrory Carlin McCrory

A seasoned regulatory and compliance attorney, Carlin brings extensive experience representing financial institutions, fintechs, lenders, payment processors, neobanks, virtual currency companies, and mortgage servicers.

Read more about Carlin McCroryEmailCarlin's Linkedin Profile
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Regulatory Oversight
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

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