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.
37episodes
Episodes
Newest firstAll episodes
Immigration Status in Credit Underwriting: What Recent Federal Guidance Really Means for Lenders
5d ago00:14:58Tap to summarizeIn this solo episode of The Consumer Finance Podcast, Chris Willis, co-leader of Troutman Pepper Locke's Consumer Financial Services Regulatory practice, walks through the recent wave of federal regulatory guidance addressing the role of immigration status in consumer lending and explains why the practical impact on lenders may be far more limited than the public discourse suggests. Chris breaks down what each piece of guidance says, including the Consumer Financial Protection Bureau's reminder that Regulation B permits immigration status considerations in ability-to-repay analyses for mortgages and credit cards, and the banking regulators' safety and soundness and concentration risk warnings. He also addresses the competing litigation risks that complicate a simple return to restrictive eligibility policies. He then turns to the critical practical question: what, if anything, should lenders actually do? 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: Bank Charters, M&A, and Partnerships — Strategic Paths for Fintech and Payment Companies
2w ago00:13:00Tap to summarizeIn this crossover episode of The Consumer Finance Podcast and Payments Pros, Taylor Gess is joined by colleagues James Stevens and Sarah Hanna from Troutman Pepper Locke's Corporate and Consumer Financial Services practices to discuss the surge of interest among fintech and point-of-sale finance companies in obtaining bank charters, acquiring existing banks, and forming bank partnerships. With the current administration signaling an open-for-business posture at the federal banking agencies, and the Office of the Comptroller of the Currency (OCC) actively encouraging de novo applications, payment and fintech companies are weighing their options more seriously than they have in years. The conversation covers what is driving the spike in charter applications, including from companies in the crypto, lending, and payments spaces, and how specialty charters are factoring into that trend. James and Sarah also walk through the bank partnership landscape, where enforcement activity has cooled and focus has shifted, and explain how acquiring an existing bank charter compares to starting from scratch on timing, cost, and regulatory complexity. The episode closes with practical guidance for point-of-sale finance companies considering any of these three paths, including why building internal compliance infrastructure early, engaging regulators informally, and retaining regulatory counsel sooner rather than later can make or break a successful launch. 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: State AGs Filling the Federal Void in Point-of-Sale Finance Enforcement
3w ago00:27:39Tap to summarizeIn this crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Taylor Gess is joined by colleagues Michael Yaghi and Lane Page from Troutman Pepper Locke's State AG and Regulatory Investigations, Strategy + Enforcement practice groups to discuss the hottest areas of state regulatory activity in the point-of-sale space. With federal consumer protection enforcement pulling back in certain areas under the current administration, state regulatory agencies are stepping into the spotlight to take an industrywide approach to point-of-sale finance. The conversation covers regulatory scrutiny around buy now, pay later (BNPL) products following the CFPB's withdrawal of its interpretive rule, a coordinated seven-state inquiry into the U.S.'s largest BNPL providers, and what providers should be doing now to assess their own compliance posture. They also dig into the solar and home improvement finance sector, where states are challenging fee disclosures and targeting finance provider-merchant relationships, as well as the growing rent-to-own enforcement landscape. The episode closes with a look at what Rohit Chopra's new role leading California's consolidated consumer protection agency could mean for the financial services industry, with both California and New York positioning themselves as state-level successors to the CFPB's prior enforcement mission. 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 103: Beyond Pricing — Non-Rate Protections, Enforcement Pitfalls, and Servicing Considerations
4w 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
Jul 200:29:42Tap 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
Jun 2500:16:16Tap 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
Jun 1800:16:05Tap 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 →