Moving the Metal: The Auto Finance Podcast

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by Brian Casey, a partner in Troutman Pepper Locke's Insurance, Transactional, and Regulatory Practice Group. Together, they explore the complex world of vehicle service contracts (VSCs) and ancillary products within the auto finance industry. Brian shares insights into the history and evolution of VSCs, discussing the distinction between insurance and non-insurance products and the regulatory landscape that governs them. The conversation delves into state-specific regulations, licensing requirements, and the impact of privacy laws like the Gramm-Leach-Bliley Act on the industry. Tune in to understand the intricacies of vehicle service contracts and the challenges faced by providers in navigating this dynamic regulatory environment. 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 Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group examine the current status of the Federal Trade Commission's (FTC) Holder Rule. They discuss its historical context, current interpretations, and future implications, particularly focusing on attorneys' fees. The conversation highlights the California Supreme Court's Pulliam decision, which challenged traditional understandings of the rule by allowing for the recovery of attorneys' fees under certain state laws. Additionally, they examine the FTC's 2022 advisory opinion, which aligns with Pulliam and broadens the scope of potential claims against holders of credit contracts. Finally, they take a look at the impacts of Pulliam and forecast the future of the Holder Rule in the current regulatory climate. The episode provides insights into how these developments impact auto finance companies and the strategies they can employ to mitigate risks associated with the Holder Rule. 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 Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by colleagues Kim Phan and Aileen Ng for a deep dive into the Federal Trade Commission's (FTC) Safeguards Rule under the Gramm-Leach-Bliley Act, focusing on its impact on the auto-finance industry. The discussion covers the recent FAQs published by the FTC to aid auto dealers in compliance, the evolving cybersecurity requirements, and the contrasting regulatory approaches between the Trump and Biden administrations. The episode explores how auto dealers fit into the Safeguards Rule, the implications of their relationships with original equipment manufacturers and service providers, and the notification requirements in the event of a data breach. Additionally, the conversation addresses various financing scenarios and how they trigger the Safeguards Rule. Tune in for a comprehensive understanding of these regulations and practical insights for auto dealers navigating these complex legal 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 episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso delve into the intricacies of "doc" fees in vehicle transactions, focusing on recent legislative developments in California and Louisiana. They explore how these changes could affect dealers' ability to charge doc fees and discuss potential caps on these fees. The conversation highlights the dual challenges of ensuring compliance with varying state regulations and addressing litigation risks associated with fee disclosures. Brooke and Chris also examine the broader implications of these legislative shifts, including the balance between consumer transparency and business cost recovery. This episode provides a comprehensive overview of the evolving landscape of doc fees, offering insights into the complexities faced by dealers and finance companies in the auto 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 special crossover episode between Moving the Metal and The Consumer Finance Podcast, Brooke Conkle, Chris Capurso, and Chris Willis analyze the first 100 days of the second Trump administration, focusing on its impact on the auto-finance industry. They discuss the anticipated enforcement slowdown by the Consumer Financial Protection Bureau (CFPB), unexpected halts in supervisory activities, and leadership changes at the Federal Trade Commission and CFPB. The conversation highlights the administration's focus on consumer fees, the evolving role of state regulators, and shifts in discrimination theories impacting compliance practices. This episode provides insights into strategic regulatory changes and offers guidance for navigating the complexities of the auto-finance sector in 2025. 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 Moving the Metal: The Auto Finance Podcast, Brooke Conkle and Chris Capurso explore the Consumer Financial Protection Bureau's (CFPB) recent memo detailing its supervision and enforcement priorities for 2025. They discuss the implications for the auto finance industry, focusing on the CFPB's expected – and unexpected – shifts for the year, including the Fair Credit Reporting Act and data furnishing issues, and the ongoing scrutiny of fees. Brooke and Chris analyze the impact of federalism on regulatory practices, highlighting the CFPB's approach to state authority and joint examinations. They also examine the shift toward consumer remediation over penalties. Tune in to understand how these priorities might affect your business operations and compliance strategies in the coming years. 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, hosts Brooke Conkle and Chris Capurso delve into the latest TransUnion report on credit industry insights for the fourth quarter of 2024. With auto finance trends revealing rising loan-to-value ratios, increasing monthly payments, and growing account delinquencies, the industry potentially faces expected – and unexpected – challenges in the coming months. Join us as we explore the implications for dealers and auto finance companies, discuss strategies for managing consumer relationships, and prepare for the challenges ahead. 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 Moving the Metal, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group discuss what dealerships and auto finance companies should prioritize amidst regulatory changes in Washington, D.C. They cover updates on the Consumer Financial Protection Bureau, Federal Trade Commission, and Federal Communications Commission, as well as the importance of consumer complaints, workforce training, and preparing for a potential recession. Tune in to stay informed and ensure your business is ready for any challenges. 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 Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group explore the complexities of the Telephone Consumer Protection Act (TCPA) and its impact on the auto finance industry. They discuss the historical context, current regulatory landscape, and future implications of the TCPA, including the distinction between informational and marketing messages, the importance of obtaining the correct type of consent, and recent regulatory updates such as the one-to-one telemarketing consent rule and new revocation rules. Tune in to gain valuable insights on managing TCPA compliance and mitigating risks in the auto finance sector.Disclaimer: After the recording of this episode, the Federal Communications Commission issued an order granting a limited one-year extension for TCPA robocall revocation rule compliance. For more details, please read our article on it here. 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 Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso delve into the anticipated regulatory landscape for the auto finance industry in 2025. They explore the potential agendas of federal and state regulators, including the Consumer Financial Protection Bureau and Federal Trade Commission, and discuss the implications for compliance and litigation within the industry. They also share tips on how to future-proof your business against the evolving regulatory environment. Tune in to gain valuable insights, hear some crystal ball predictions, and prepare your business for what's on the horizon in the world of auto 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 Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group discuss the rise and fall of the Junk Fee Rule and the CARS Rule. They delve into the initial broad scope of the Junk Fee Rule, its eventual limitation to specific industries, and the implications for auto finance companies. The conversation also covers the controversial CARS Rule, its significant potential impact on auto dealers, and the recent Fifth Circuit decision that halted its implementation. Tune in to understand the current regulatory landscape and what the future may hold for these rules at both federal and state levels. 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 Moving the Metal, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group are joined by Tom Kline, lead consultant and founder of Better Vantage Point. Tom shares his extensive experience in the auto industry, discusses the implications of the recent vacating of the CARS Rule by the Fifth Circuit, and provides insights into the most common compliance challenges faced by dealers. He also delves into the importance of having a robust compliance program and the evolving regulatory landscape. Additionally, Tom talks about his book, Tuck the Octopus, which offers valuable strategies for managing dealership operations and mitigating risks. Tune in to gain expert perspectives on staying compliant and competitive in the auto 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 episode of Moving the Metal, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group delve into the Consumer Financial Protection Bureau’s (CFPB) recent white paper, "Strengthening State-Level Consumer Protections." They discuss the potential roadmap for state-level enforcement over the next four years, highlighting the interplay between federal and state regulators, joint investigations, and the CFPB's recommendations for empowering state agencies. Tune in to understand the implications for the auto finance industry and how these initiatives might shape compliance efforts across various states. 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 year-in-review episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group delve into the significant events and regulatory changes that shaped the auto finance industry in 2024. From the Federal Trade Commission's CARS Rule and its legal challenges to the Consumer Financial Protection Bureau's data collection initiatives and supervisory highlights, this episode provides a comprehensive overview of the past year. Tune in to gain insights into the trends and regulatory shifts that will influence the auto finance landscape in 2025. 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, Brooke Conkle and Chris Capurso from Troutman Pepper Locke's Consumer Financial Services Practice Group are joined by Chris Carlson, a partner in the Regulatory Investigations Strategy and Enforcement Practice Group. They delve into recent enforcement actions impacting the auto finance sector, including a landmark $20 million settlement involving the Federal Trade Commission and the Illinois attorney general against Leader Automotive Group. The discussion covers deceptive advertising, unauthorized add-on charges, fake online reviews, and the sale of gray market vehicles. Additionally, they explore a stipulated judgment the Connecticut attorney general reached with a national auto retailer. Tune in to understand the implications of these actions and what auto finance companies should take away from these regulatory developments. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.