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The Consumer Finance Podcast

The Consumer Finance Podcast

Author: Chris Willis, Troutman Pepper Locke

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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.
190 Episodes
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In this episode of The Consumer Finance Podcast, host Chris Willis is joined by his colleague Lou Manetti from the firm's Chicago office to unpack a significant new Illinois Supreme Court decision on standing in consumer cases based on federal statutes. Chris and Lou walk through the court's FCRA "receipt truncation" ruling, explaining how Illinois — long thought to have more generous standing rules than federal court — has now imported a "concrete injury" requirement for common-law standing where the statute does not expressly confer a right to sue. The discussion compares Illinois' approach to federal Article III jurisprudence and explores how the court distinguished between statutory and common-law standing, why FCRA did not qualify for statutory standing, and what counts (and doesn't count) as a concrete injury. Lou also outlines the practical implications for FCRA, FDCPA, TILA, and RESPA litigation in Illinois state courts, including the reduced payoff from forum shopping after federal standing dismissals and new avenues for defense motions challenging bare procedural violation cases that lack real-world harm. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this crossover episode of The Consumer Finance Podcast and Payments Pros, guest host Taylor Gess dives into the rapidly evolving world of point-of-sale financing for medical and dental procedures with Troutman Pepper Locke Partners Jason Cover, Brent Hoard, and Erin Whaley. They unpack how HIPAA, business associate relationships, and information-sharing structures can impact financing programs in clinical settings. They explore state-level trends in California, Illinois, and New York, including new restrictions on provider involvement in financing, promotional offers, and payments. The discussion also highlights emerging risks around website tracking technologies, payment portals, and wiretapping-style lawsuits targeting digital health and payment ecosystems. Listeners will come away with a practical framework for structuring medical and dental financing arrangements, managing disputes, and anticipating the next wave of state-level regulation and enforcement. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, host Chris Willis is joined by Troutman Pepper Locke Partner Lori Sommerfield and Relman Colfax Co-Managing Partner Stephen Hayes for a candid discussion about how redlining has traditionally been defined, how redlining was defined and applied during the Biden administration, and how it may return under a future administration or in cases brought by state regulators or private litigants. This episode further explores the tension between the standards set forth in enforcement actions and those applied in supervisory examinations, and the role of statistical analysis and HMDA data in redlining cases. The podcast also tackles issues like digitally targeted advertising and what shifting regulatory priorities under the current administration may mean for future redlining enforcement risk, offering a balanced look at where redlining law has been — and where it may be headed next. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, Chris Willis is joined by Ted Augustinos and Kim Phan to introduce The Money Matrix, an upcoming webinar series helping financial institutions navigate privacy, data security, and AI in today's complex digital landscape. The teaser highlights strategies to secure financial data, overcome barriers to adopting AI, and stay ahead of regulatory trends. Each session offers practical guidance to help teams like Neo, Trinity, and Morpheus remain innovative, compliant, and trusted. The series explores how financial institutions can balance innovation with data privacy while leveraging AI responsibly. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, host Chris Willis is joined by Troutman Pepper Locke Partner Lori Sommerfield and Charles River Associates VP and Practice Leader of Financial Economics Marsha Courchane to discuss the current administration's "debanking" initiative established through Executive Order 14331. They discuss key actions taken by federal agencies to implement it, expectations for financial institutions and small business lenders to conduct internal reviews, regulatory reporting deadlines, and consequences for noncompliance. This episode also features practical tips on tools and technology that institutions/small business lenders can use to facilitate conducting debanking reviews and highlights the tension between the debanking initiative and financial institutions' need to comply with the Bank Secrecy Act and other federal anti-money laundering laws. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this crossover episode of The Consumer Finance Podcast and Payments Pros, Jason Cover sits down with Brooke Conkle and Caleb Rosenberg to demystify the Federal Trade Commission's Holder Rule and its day‑to‑day impact on point‑of‑sale (POS) finance programs. They explain why creditors and assignees inherit customers' claims and defenses against merchants, what transactions are in scope and out of scope, how liability is generally capped at amounts paid (and why attorneys' fees remain a live issue), and how merchant/vendor/dealer agreements can shift risk back to sellers. The conversation turns practical with a compliance toolkit: robust upfront diligence, continuous monitoring of merchant and consumer complaints (including requiring merchants to forward complaints), and a risk‑based response that separates meritless claims from those requiring redress. The panel also highlights enforcement and litigation trends and why, at 50 years old, the Holder Rule remains bedrock law that POS lenders cannot ignore, even as strong contracts and oversight materially mitigate exposure. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this crossover episode of The Consumer Finance Podcast and Payments Pros, Jason Cover, Mark Furletti, and Andrew Thurmond return to unpack the complex landscape of residential solar finance. They highlight practical complications lenders face with home improvement projects involving power purchase agreements, leases, tax credit, retail installment contracts, renewable energy certificates, and more. The discussion also provides insight on trends in the solar industry, bankruptcy, the rise of solar disclosure requirements and state-level oversight, and compliance measures to mitigate risk. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this special crossover episode of The Consumer Finance Podcast and Payments Pros, host Jason Cover is joined by colleagues Taylor Gess and Andrew Thurmond to unpack the legal and operational complexities of home solicitation and home improvement finance. The conversation analyzes the Federal Trade Commission’s Cooling-Off Rule and state analogs, highlighting practical pitfalls around oral and written cancellation notices, dealer obligations, and extended rescission periods or differing notice requirements in certain jurisdictions. The team explores how funding timing, change orders, electronic contracting, and foreign-language sales can impact risk.  They also dive into contractor and home improvement laws, e.g., down payment and progress payment restrictions, licensing, and conspicuous disclosure obligations plus state home improvement financing acts that may impose registration requirements, finance charge or fee limits, and specialized disclosures. The episode offers practical insights on issues to consider when doing business as in-home sales or under home improvement/contractor laws.  Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Jason Manning, Angelo Stio, and Rob Jenkin to unpack the surge of litigations arising from the use of tracking technologies (e.g., cookies, pixels, and session tools) on websites. This episode explains how plaintiff firms are repurposing federal and state wiretap and “trap-and-trace” laws, as well as the Video Privacy Protection Act (VPPA), to assert claims associated with a business’s use of tracking technologies without consent.The Troutman attorneys tackle the state law statutes and the federal Electronic Communications Privacy Act (ECPA) that plaintiffs typically rely on, the statutory damages that may be available, and the defenses and mitigation options to prevent and combat the claims being pursued, including the use of consent banners, transparent disclosures, the supervision of vendors, and regular audits of the tracking technologies being deployed and the information being shared. Tune in for a concise, actionable guide to reducing litigation risk while maintaining marketing and analytics capabilities. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this insightful crossover episode of The Consumer Finance Podcast and Payments Pros, host Jason Cover is joined by colleagues Mark Furletti and Taylor Gess to explore the complexities of home improvement finance. The discussion delves into the unique risks associated with point-of-sale financing in the home improvement sector, such as contractor oversight issues, promotions, and the intricacies of state and federal regulations. Gain valuable insights into best practices for lenders and finance companies to mitigate these risks, ensure compliance, and protect consumers. This episode offers essential guidance on navigating the evolving landscape of home improvement finance. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Jason Manning and Carter Nichols to explore the intricacies of the Servicemembers Civil Relief Act (SCRA). As the current administration emphasizes the protection of servicemembers, understanding the SCRA's provisions is more crucial than ever. The discussion covers the array of legal protections offered to active duty military members, reservists, and National Guard members, including interest rate caps, eviction protections, and lease terminations. The episode also delves into the complexities of active duty status and the differences between the SCRA and the Military Lending Act. With a surge in litigation and regulatory scrutiny, this episode provides timely insights for financial institutions navigating compliance and litigation risks. Tune in to grasp the nuances of these critical statutes and their implications for the consumer finance industry. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this engaging crossover episode of The Consumer Finance Podcast and Payments Pros, host Taylor Gess is joined by colleagues Jason Cover, Andrew Thurmond, and Samer Roshdy to explore the complexities of contracting with merchants and dealers in the point-of-sale finance sector. The discussion highlights the diverse needs of merchants and finance administrators, the impact of industry-specific regulations, and the importance of clear contractual terms. Discover the common pain points in negotiations, the role of regulatory compliance, and the evolving nature of contracts in this dynamic space. Gain valuable insights into how businesses can effectively manage these relationships and ensure compliance with state and federal laws. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, Chris Willis is joined by Lori Sommerfield and James Stevens to delve into the implications of President Trump's Executive Order 14331, "Guaranteeing Fair Banking for All Americans." This order aims to eliminate politicized or unlawful de-banking practices by prohibiting financial institutions from denying access to banking services based on political, religious, or ideological beliefs. The trio discusses the historical context of de-banking, tracing its roots back to the Obama-era Operation Choke Point, and explores the current regulatory landscape shaped by the executive order. They analyze the directives issued to federal agencies, including the Small Business Administration and the Office of the Comptroller of the Currency, and the potential risks and challenges facing financial institutions. Tune in to understand how this regulatory push will likely impact the banking industry and what steps institutions can take now to mitigate risks. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this insightful crossover episode of The Consumer Finance Podcast and Payments Pros, host Taylor Gess is joined by Joseph Reilly and Paul Boller to explore the intricacies of state licensing in the point-of-sale finance sector. The discussion delves into the distinctions between licensing and notification requirements, the role of sales finance agencies, and the implications for third-party facilitators and direct lenders. Gain insights into how state-specific regulations impact nonbank entities and learn about the unique challenges sellers and third-party providers face in navigating these regulatory landscapes. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this crossover episode of Payments Pros and The Consumer Finance Podcast, Carlin McCrory is joined by colleague Kim Phan to discuss the Consumer Financial Protection Bureau's (CFPB) recent developments regarding Section 1033 of the Consumer Financial Protection Act (CFPA). This summer, the CFPB initiated a new rulemaking process, inviting industry comments on its final rule concerning personal financial data rights. With a deadline of October 21 for public comments, industry participants are encouraged to weigh in on access to consumer financial information.Kim and Carlin discuss the strategic implications of the CFPB's reconsideration of the 1033 open banking rule, highlighting the agency's focus on consumer representatives, privacy, security, fee structures, and compliance timelines. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis is joined by Joseph DeFazio, Bill Foley, and Michael Yaghi to discuss the implications of New York's FAIR Act, a significant amendment to the state's UDAAP statute. The FAIR Act aims to broaden consumer protection by lowering the threshold for legal action against unfair and abusive business practices. With expanded enforcement powers for the state, this legislation could dramatically increase litigation risks for financial services companies operating in New York if the governor signs the bill. Tune in to understand how this legislative shift might affect the industry and what steps businesses can take to prepare. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this insightful crossover episode of The Consumer Finance Podcast and Payments Pros, host Jason Cover is joined by Mark Furletti and Jeremy Sairsingh to delve into the intricate world of credit card rewards programs. Discover the various types of rewards, from points-based systems to cashback and travel miles, and learn how these programs are funded. The episode also explores regulatory perspectives, including recent CFPB guidance and state-specific laws affecting rewards programs. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, Chris Willis, co-leader of Troutman Pepper Locke’s Consumer Financial Services Regulatory practice, delves into the intricacies of corporate restructuring with Alex Rovira, a partner in the Bankruptcy + Restructuring group. They explore two key strategies — optimization restructuring and liability management transactions — that financial services companies can employ to isolate liabilities and enhance asset value. Learn how these methods can help businesses manage distress, improve credit lines, and maintain operational efficiency amid regulatory challenges and market fluctuations. Tune in for insights on aligning business structures and leveraging balance sheet adjustments to navigate financial complexities effectively. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this crossover episode of The Consumer Finance Podcast and Payments Pros, Jason Cover is joined by Mark Furletti, Taylor Gess, and Jeremy Sairsingh to discuss the intricate world of credit cards. Whether plastic, metal, or digital, credit cards have significantly evolved over time, along with their regulations. This episode examines the historical roots, modern functionalities, and the regulatory landscape that governs credit cards. Discover how innovations like buy now, pay later models are reshaping consumer credit, and gain insights into the future of credit card regulation. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of The Consumer Finance Podcast, Chris Willis and Louis Manetti delve into the evolving legal landscape surrounding the statute of limitations for mortgage foreclosures in Illinois. With recent cases challenging long-held assumptions, lenders face new uncertainties. This discussion provides insights into how these cases could set binding precedents, potentially altering foreclosure practices statewide. Tune in to understand the implications for lenders and servicers and learn strategies to navigate these legal challenges effectively. 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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