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The Consumer Finance Podcast

Latest episodes

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Oct 6, 2022 • 17min

Rewards Programs and Co-Brand Relationships Between Credit Card Issuers and Merchants

Please join Troutman Pepper Partner Chris Willis and his guest and fellow Partner Glen Trudel as they discuss credit card rewards and loyalty programs and the co-brand relationship. Topics include:The importance of the co-brand credit card pairing;Issues, concerns, or risks that both the merchant and the card issuer encounter in co-brand rewards programs; andCurrent trends in the marketplace for credit card rewards programs. Glen Trudel is a consumer financial services, banking, and business attorney who counsels financial institutions, marketplace lenders, fintech entities, and other companies on both regulatory and transactional matters. He has significant experience documenting and creating marketplace lender platforms and structures, as well as with the acquisition and divestiture of consumer and business credit card and other loan portfolios. Glen has extensive experience representing card issuers and partners in the negotiation, structuring, creation, and administration of joint marketing, co-brand, affinity, miles/reward program, and enhancement agreements, as well as account portfolio acquisitions and divestitures.
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Sep 29, 2022 • 24min

FTC Notice of Proposed Rulemaking for Voluntary Products in Automobile Finance Transactions

Please join Troutman Pepper Partner Chris Willis and his guests and colleagues Alan Wingfield and Brooke Conkle as they discuss the Federal Trade Commission's (FTC) recent Notice of Proposed Rulemaking governing voluntary products in automobile finance transactions. During the podcast, they examine the requirements imposed on both advertising practices and the sales process and what it means for the automotive industry.Consumer Financial Services Partner Alan Wingfield helps consumer-facing clients navigate compliance, litigation, and regulatory risks posed by the complex web of state and federal consumer protection laws, including Section 5 of the FTC Act and state equivalents of the Unfair and Deceptive Act and Practices Act (UDAP). He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.Associate Brooke Conkle focuses her practice on complex litigation and federal consumer protection statutes, including the Fair Credit Reporting Act (FCRA) and Regulation V, the Equal Credit Opportunity Act (ECOA) and Regulation B, the Telephone Consumer Protection Act (TCPA), and UDAP laws.
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Sep 22, 2022 • 31min

Keeping Up With the Bureau Episode 4: Hot Topics in Collections: Fees, Reg F Landscape, and What’s Next

Please join Consumer Financial Services Partner Stefanie Jackman and her guests and colleagues James Trefil and Jonathan Floyd in the fourth and final episode of a special four-part series on recent developments at the Consumer Financial Protection Bureau. In this episode, topics include debt collection and convenience fees, trends in Regulation F litigation, and predictions in the collections world for the next year.Partner Stefanie Jackman devotes her practice to assisting financial services institutions facing state and federal government investigations and examinations, counseling them on complex compliance issues, as well as defending them in individual and class-action lawsuits. She regularly advises her clients on issues arising under an array of federal and state consumer financial laws, including UDAP/UDAAP statutes, the FDCPA, FCRA, TCPA, EFTA, SCRA, and TILA.Counsel James Trefil primarily focuses his practice on financial services litigation, including representing clients in federal and state court at both at the trial and appellate level, particularly in areas of complex litigation, financial services litigation, and consumer litigation. James has represented clients within these areas in a wide variety of litigation matters involving class actions, contracts, torts, and federal and state consumer protection laws.Associate Jonathan Floyd focuses his practice on financial services litigation, representing clients in class actions and business disputes in both federal and state courts. Jonathan’s practice includes assisting businesses in navigating and litigating the myriad consumer and financial services laws, with a particular emphasis on the many “alphabet soup” federal consumer protection statutes, such as the FDCPA, TCPA, and FCRA.
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Sep 15, 2022 • 29min

Keeping Up With the Bureau Episode 3: Evolving Federal and State Requirements for Furnishers and Users of Consumer Reports

Please join Consumer Financial Services Partner Ethan Ostroff and his guests and colleagues Alan Wingfield, Chris Capurso, and Derek Schwahn in the third episode of a special four-part series on recent developments with the Consumer Financial Protection Bureau (CFPB). In this episode, topics include:The CFPB's recent focus on the furnishers' obligation to respond to consumer disputes;Steps furnishers can take to ensure they properly investigate and respond to consumer disputes;Recent developments on reporting medical debt; andThe CFPB's views on what should and should not be contained on a consumer's credit report.Partner Ethan Ostroff's practice includes advising companies on compliance issues and interactions with regulators concerning the Fair Credit Reporting Act, as well as defending furnishers, users, and specialty consumer reporting agencies in individual and class-action lawsuits under the FCRA.Partner Alan Wingfield helps consumer-facing clients navigate compliance, litigation, and regulatory risks posed by the complex web of state and federal consumer protection laws, including the FCRA and state-law analogs. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.Associate Chris Capurso focuses his practice on federal and state consumer financial services law compliance matters, including FCRA and state-law analog compliance. He regularly advises financial institutions, lenders, and sales finance companies in the development and maintenance of closed-end and open-end lending, automobile finance, fintech, point-of-sale, small dollar, and other credit programs.Associate Derek Schwahn represents furnishers and consumer reporting agencies in FCRA cases in both state and federal courts. He also serves as part of the firm's national practice, defending consumer-facing companies of all types in individual claims and class-action suits.
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Sep 8, 2022 • 24min

Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position

Please join Consumer Financial Services Partner Kim Phan and her guests and colleagues Alan Wingfield and David Anthony in the second episode of a special four-part series on recent developments with the Consumer Financial Protection Bureau (CFPB). In this episode, topics include the CFPB's position on preemption issues, Fair Credit Reporting Act (FCRA) state law infringement, and the CFPB's general position on state interactions and enforcement.Consumer Financial Services Partner Alan Wingfield helps consumer-facing clients navigate compliance, litigation, and regulatory risks posed by the complex web of state and federal consumer protection laws, including the FCRA and state-law analogs. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.David Anthony has a national litigation practice, representing companies in highly regulated industries, including consumer financial services companies. He brings significant experience in class actions and complex individual lawsuits. He has vast litigation experience defending cases under the FCRA, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and numerous other federal and state consumer protection statutes, with particular expertise in matters involving companion government investigations.As a partner in the firm's Privacy + Cyber Practice Group, Kim Phan counsels financial institutions in complying with federal and state privacy and data security statutes and regulations, including the FCRA. She also provides guidance to clients on regulatory compliance matters, including navigating supervisory and enforcement interactions with the CFPB, the Federal Trade Commission, and state attorneys general and departments of consumer protection.
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Sep 1, 2022 • 30min

Keeping Up With the Bureau Episode 1: Overview of CFPB and State AG Initiatives/Expansion

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Ashley Taylor and Stefanie Jackman in the first episode of a special four-part series about recent developments with the Consumer Financial Protection Bureau (CFPB). In this episode, topics discussed include:Historical background about the cooperation between the CFPB and state attorneys general; Efforts by the CFPB under its new leadership in the current administration directed toward cooperation with state attorneys general;Differences between CFPB and state attorneys general enforcement investigations;Areas where states may take up the CFPB's invitation to investigate issues under federal law that they might not have done before; andHow we think the state attorneys general will find those cases to investigate.Regulatory Investigations, Strategy + Enforcement (RISE) Partner Ashley Taylor focuses his practice primarily on federal and state government regulatory and enforcement matters involving state attorneys general, the CFPB, and the Federal Trade Commission. Drawing upon his experience as a deputy attorney general, Ashley has developed an extensive consumer practice with regard to the consumer financial services industry, including advising debt buyers, debt collectors, payment processors, credit reporting agencies, and auto finance companies on regulatory and compliance issues. His deep involvement with attorneys general organizations, including the National Association of Attorneys General (NAAG), allows him to stay on the forefront of emerging issues that affect businesses across the U.S. on a daily basis.Consumer Financial Services Partner Stefanie Jackman focuses a significant portion of her practice on providing compliance-related advice to her clients. She regularly counsels clients on conducting compliance assessments relating to their debt collection, credit reporting and dispute resolution processes, fair lending and underwriting, and vendor oversight, as well as the functionality of their overall compliance management system.
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Aug 25, 2022 • 29min

Recent Developments in ADA Website Accessibility Compliance

Please join Consumer Financial Services Partner Chris Willis and fellow Partners Lori Sommerfield and Kim Phan, along with special guest Matt Ater from Vispero, as they discuss recent developments in website accessibility governing public accommodations under Title III of the Americans with Disabilities Act (ADA). Topics include:Current litigation trends, including the recent increase in ADA website accessibility lawsuits filed in federal and state courts;Insights into the DOJ’s recent website accessibility guidance and enforcement efforts;Recommendations for companies to achieve website accessibility compliance under the ADA;Technological solutions for website accessibility; andElements of an effective ADA risk management program.A seasoned consumer financial services attorney, Lori Sommerfield brings more than two decades of experience in federal government, in-house, and private practice settings. She has deep expertise in fair lending and responsible banking regulatory compliance, and she routinely counsels clients in consumer financial services supervisory issues, examinations, investigations, and enforcement actions. Lori is also highly experienced in advising clients on compliance with Title III of the ADA on accessibility of physical spaces and digital platforms.As a partner in the firm's Privacy + Cyber Practice Group, Kim Phan assists financial institutions with e-commerce, social media, and mobile app development and compliance, including adapting an augmented reality mobile game for a retail client, conducting online behavioral advertising assessments of websites to update and enhance website privacy policies, adapting website functions for accessibility in compliance with the ADA, and establishing employee training on social media interactions with consumers.Matt Ater serves as the vice president of enterprise sales at Vispero, focusing on creating more opportunities to holistically support customers and users alike. He brings over 25 years of experience in accessibility support services.
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Aug 18, 2022 • 20min

Your Problems Come on Two Legs: Managing Consumer Complaints

Please join Consumer Financial Services Partner Chris Willis and his guests, fellow Partner Alan Wingfield and special guest Tom Kline, as they discuss effective consumer complaint management. They'll touch on the CFPB's position on complaint management, the elements, and benefits of an effective complaint management system, as well as the potential consequences of not having a complaint management system in place. They conclude the podcast by providing practical tips for handling consumer complaints.Alan Wingfield helps consumer-facing clients navigate compliance, litigation, and regulatory risks posed by the complex web of state and federal consumer protection laws. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies. Alan has represented banks of all sizes, bank and nonbank mortgage servicers, auto finance companies, consumer finance companies, credit card issuers, specialized lenders, franchise and independent automobile dealers, and national retailers in many individual and class-action litigations under federal and state consumer protection laws, and he has counseled these types of entities in numerous state and federal compliance issues.Tom Kline is the founder and lead consultant of Better Vantage Point, specializing in risk mitigation by preventing and solving automobile dealership problems through risk transfer remedies, compliance, and dealership dispute resolution. He is a former franchise dealership owner with over 30 years of experience in the industry.
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Aug 11, 2022 • 15min

Consumer Protection and Safety and Soundness Perspective of Credit Union Regulation

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues James Stevens and Carlin McCrory as they discuss the consumer protection and safety and soundness sides of credit union regulation. The discussion includes topics on the National Credit Union Administration's 2022 consumer protection priorities, loan participations, the 2023 CECL implementation, and the regulatory impact of a recession on consumer loan portfolios held by credit unions.Troutman Pepper Corporate Partner and Financial Services Group co-leader James Stevens advises clients on corporate and regulatory matters. He has substantial experience in representing public and private companies, including banks, neobanks, marketplace lenders, payments companies, crypto and DeFi companies, and other fintech and financial services providers in connection with formation, licensing, sponsorship and program agreements, mergers and acquisitions, debt and equity financing transactions, joint ventures, and regulatory reporting and compliance.Associate Carlin McCrory is a regulatory, compliance, and payments attorney with experience representing financial institutions, fintechs, lenders, debt collectors, payment processors, neobanks, virtual currency companies, and mortgage servicers. Carlin regularly provides tailored compliance advice across a variety of topics, while also developing best practices strategies to help her clients advance their business goals. She routinely assists clients with vendor contracts from initial review of the agreement through termination, as well as drafting and reviewing clients' internal compliance policies and procedures.
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Aug 4, 2022 • 18min

Military Lending Act and Servicemembers Civil Relief Act Overview

Please join Consumer Financial Services Partner Chris Willis and his guest and fellow Partner Tony Kaye for this latest podcast episode as they discuss the Military Lending Act and the Servicemembers Civil Relief Act, including the differences between the two, their state analogues, and several key issues in the consumer finance industry surrounding servicemembers.Consumer Financial Services Partner Tony Kaye counsels financial services providers on compliance issues, including military lending laws; defends clients facing government investigations, examinations, and enforcement actions; and defends individual and class-action lawsuits brought by consumers.

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