Podcast
The Consumer Finance Podcast
Hosted by Chris Willis, Troutman Pepper Locke · EN
The Consumer Finance Podcast provides reliable, insightful, and entertaining industry-specific content central to consumer finance services. Hosted by veteran Troutman Pepper Locke CFS Partner Chris Willis, this podcast features industry experts, insiders, and other Troutman Pepper Locke attorneys delivering easily digestible segments on a variety of topics.
34episodes
Episodes
Newest firstAll episodes
MLA and SCRA 103: Beyond Pricing — Non-Rate Protections, Enforcement Pitfalls, and Servicing Considerations
4d ago00:23:22Tap to summarizeIn this third installment of the special series on servicemember protections, Chris Willis is joined by colleagues Taylor Gess and Jeremy Sairsingh to explore the non-pricing protections under the Military Lending Act (MLA) and the Servicemembers Civil Relief Act (SCRA). The discussion covers the MLA's disclosure and delivery requirements, including the written and oral disclosure obligations that must be satisfied before or at the time credit is extended, and the practical approaches financial institutions use to meet the oral disclosure requirement. The team then turns to the SCRA's broad non-rate protections, walking through litigation protections, collateral protections governing repossessions and foreclosures, and mobility protections that allow servicemembers to terminate residential and auto leases and certain consumer service contracts upon qualifying orders, including the distinction between pre-service and in-service lease terminations and the ongoing DOJ enforcement activity in this space. The episode also covers the MLA's prohibition on mandatory arbitration clauses and anti-waiver requirements, the SCRA's specific form and timing requirements for valid waivers of servicemember rights, and the MLA's payment and contract term restrictions, including prohibitions on military allotments, prepayment penalties, and remotely created checks. The conversation closes with a discussion of the SCRA's anti-retaliation provision and why the prohibition on adverse treatment following a servicemember's invocation of SCRA rights has important implications for credit reporting, account servicing, and system design. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Class Action Surge: What a 25% Spike in Federal Filings Means for Consumer Finance
2w ago00:29:42Tap to summarizeIn this episode of The Consumer Finance Podcast, Chris Willis is joined by Erin Edwards and Simon Fleischmann to break down the most significant trends reshaping the consumer finance class action landscape. With a 25% year-over-year increase in federal class action filings and consumer protection claims leading the charge, the stakes are getting higher for financial services companies. The trio covers critical areas from recent cases to highlight information that every in-house legal team needs to understand about class actions, including the significance of precise class definitions and ascertainability, standing and concrete injury, and evidentiary examination. Whether you're managing active litigation or building a proactive defense strategy, this episode delivers the insights and practical checklist you need to navigate the class action wave. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →MLA and SCRA 102: Pricing Constraints and the Complexity of Interest Cap Compliance — Servicemember Protections Explained
3w ago00:16:16Tap to summarizeIn this second installment of the special series on servicemember protections, Chris Willis is joined again by colleagues Taylor Gess and Jeremy Sairsingh to explore how the Military Lending Act (MLA) and the Servicemembers Civil Relief Act (SCRA) impose pricing restrictions that are far more complex than a standard state usury cap, and why that complexity must be accounted for at the product design stage. The discussion dives into the practical complexity of each statute's unique definition of interest. The team breaks down how the SCRA's 6% cap applies to pre-service obligations, which fees count toward that cap, and how the requirement to retroactively reduce and forgive, not defer, interest creates significant system-of-record challenges. They also explain how the MLA's Military Annual Percentage Rate (MAPR) differs from a traditional Truth in Lending Act/Regulation Z Annual Percentage Rate, what charges must be included in the MAPR calculation, and how the bona fide fee exception for CARD Act credit cards works in practice. The episode closes with a discussion of the SCRA's often-overlooked anti-acceleration provision and the regulatory expectation that servicemembers be given the option of a cash refund for forgiven interest rather than automatic principal reduction. Stay tuned for Part 3, which will cover non-pricing protections under these statutes. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Point-of-Sale Finance Series: Regulation of Subscription and Auto-Renewal Plans
4w ago00:16:05Tap to summarizeIn this episode of The Consumer Finance Podcast, Chris Willis sits down with Jason Cover and Colin Wilson to discuss the evolving world of auto-renewal and subscription compliance, including the FTC's click-to-cancel rule, its Eighth Circuit setback, and the states racing to fill the gap. They also spotlight a first-of-its-kind municipal rule proposed by New York City and explain why, even in a deregulatory environment, UDAP authority and ROSCA mean the compliance pressure hasn't gone anywhere. If your business involves subscriptions, recurring billing, or point-of-sale financing, this is a conversation you can't afford to miss. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →MLA and SCRA 101: Servicemember Credit Protections and Compliance Risks
Jun 1100:22:15Tap to summarizeIn this kickoff episode of a special series on servicemember protections for The Consumer Finance Podcast, Chris Willis is joined by colleagues Taylor Gess and Jeremy Sairsingh to unpack the fundamentals of the Military Lending Act (MLA) and the Servicemembers Civil Relief Act (SCRA) — two laws that remain top enforcement priorities for federal regulators. They explain how these laws are rooted in military readiness and national security, and why that history matters for how regulators, courts, and the Department of Justice view compliance in the consumer credit space today. The discussion walks through the core building blocks: what types of credit products each law covers, how the SCRA's timing- and remedy-focused framework works, and who qualifies as a "covered borrower" or protected servicemember or dependent under each law. The team highlights practical compliance challenges, including the safe harbors for covered-borrower checks under the MLA, the critical differences between MLA and SCRA status checks, and the risks around repossessions and foreclosures when SCRA protections apply to pre-service obligations. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →The Debanking Debate: Regulators, Risk, and Reality for Payments
Jun 400:20:23Tap to summarizeIn this special crossover episode of The Consumer Finance and Payments Pros podcasts, Carlin McCrory, Keith Barnett, and Chris Willis explore the federal government's increasing attention to "debanking" and what it means for payment processors, money transmitters, banks, and other financial services providers. They discuss recent federal initiatives and agency activity that have heightened scrutiny of decisions to onboard, maintain, or terminate customers and merchants, particularly where those decisions may be perceived as based on political or religious viewpoints. The conversation highlights emerging regulatory theories about when debanking could be treated as an unfair practice, and how those theories align with existing statutory and case law frameworks. The group also examines the interaction between legitimate risk management under the BSA and reputational risk. They close with practical takeaways for the industry, including the importance of revisiting risk and onboarding practices, aligning those practices with evolving regulatory expectations, and maintaining clear documentation to support decisions about customer and merchant relationships in a changing oversight environment. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Colorado's New ADMT Act: Repeal of the 2024 AI Law, Expanded Coverage, and What It Means for Financial Services
May 2800:24:40Tap to summarizeIn this episode of The Consumer Finance Podcast, Chris Willis and Kim Phan unpack Colorado's brand-new Automated Decision-Making Technology (ADMT) Act, which repeals and replaces the state's much-criticized 2024 AI law. They explain the shift from "high-risk AI systems" to the broader ADMT framework, what it means for consequential decisions in lending and financial services, and how the statute's "material influence" standard can sweep in tools that do far more than make final credit determinations. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →CFPB's Reg B Final Rule: Disparate Impact Liability Out, Discouragement Standard Narrowed, and SPCPs in the Crosshairs
May 2100:26:34Tap to summarizeIn this episode of The Consumer Finance Podcast, Chris Willis, Lori Sommerfield, Taylor Gess, and Lane Page discuss the CFPB's sweeping final amendments to Subpart A of Regulation B. The group unpacks the elimination of the disparate impact legal theory from ECOA, the narrowing of the discouragement standard (including what it means for targeted advertising), and the significant new limits on special purpose credit programs (SPCPs). They also explore expected litigation challenges, the continuing role of the Fair Housing Act and state laws in bringing cases under the disparate impact theory, and the practical steps lenders should be taking now to reassess fair lending testing, SPCP design, and redlining risk in light of the final rule. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Why the Consumer Reporting System Is So Important
May 1400:23:40Tap to summarizeIn this episode of The Consumer Finance Podcast, Chris Willis talks with Dan Smith, president and CEO of the Consumer Data Industry Association, about current challenges and changes in the U.S. consumer reporting system. They discuss how reliable credit information supports fair lending decisions and helps lenders understand a borrower’s ability to repay. The conversation touches on rising FCRA litigation, new state efforts affecting what can appear on credit reports — especially medical debt — and the growing issue of “credit washing,” where large volumes of questionable disputes can hide accurate information and slow resolution of real errors. The episode also highlights the importance of working with regulators and policymakers to preserve a nationwide credit reporting system that is complete, accurate, and consistent in supporting responsible lending and access to credit. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Point-of-Sale Finance Series: Getting E-SIGN and UETA Right in Electronic Contracting
May 700:17:17Tap to summarizeIn this installment of The Consumer Finance Podcast's point‑of‑sale finance series, Chris Willis is joined by colleagues Jason Cover and Taylor Gess to break down how electronic contracting really works in modern point‑of‑sale credit programs. They explain the interplay between state Uniform Electronic Transactions Act (UETA) laws and the federal E‑SIGN Act, including when you need formal E‑SIGN consent, how E-SIGN preemption of state UETA adoptions operates, and the general rule of validity. The conversation walks through practical design issues for online and mobile flows, clear and conspicuous disclosures, and "click‑to‑agree" mechanics, as well as pitfalls like relying on E‑SIGN where a statute still requires a specific delivery method. The episode closes with a forward‑looking discussion about agentic artificial intelligence, how existing "electronic agent" concepts in UETA and E‑SIGN may apply, and what point‑of‑sale creditors should be watching as technology and contracting practices evolve. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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