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The Consumer Finance Podcast

Latest episodes

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Jul 28, 2022 • 21min

Recent Trends in Class-Action Consumer Finance Litigation

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Dave Gettings and Mary Kate Kamka as they discuss recent trends in class-action consumer finance litigation, including:The long-term impact of Spokeo and Ramirez;Key considerations in discovery;When it's appropriate to move to strike class allegations; andHow to structure a class settlement.Consumer Financial Services Partner Dave Gettings defends clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations. Associate Mary Kate Kamka's nationwide litigation practice includes extensive class-action experience and a deep understanding of consumer financial and privacy law.
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Jul 21, 2022 • 26min

Fair Lending 101 for Debt Collectors

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Stefanie Jackman and Sarah Reise as they discuss the intersection of fair lending with collections. They cover which types of third-party debt collection processes could be subject to a fair lending review, the difference between disparate treatment and disparate impact, how the CFPB may review collection-related decisions, what a basic fair lending analysis may look like for collectors, the processes likely to be targeted for a fair lending review, and what collectors can do now to update their compliance management system and assess their operations to identify and mitigate potential fair lending issues.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.Sarah is counsel in the firm’s Consumer Financial Services Practice Group where she represents clients in financial services and mortgage banking in cases involving all aspects of consumer financial services and products, including claims arising under state and federal lending statutes and consumer protection laws, such as the Fair Credit Reporting Act (FCRA), the Fair Debt Collections Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), and the Truth in Lending Act (TILA).
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Jul 14, 2022 • 21min

CFPB Advisory Opinion on Name-Only Matching Under FCRA

Please join Troutman Pepper Partner Chris Willis and his guests and colleagues Alan Wingfield and Noah DiPasquale as they discuss the recent advisory opinion from the Consumer Financial Protection Bureau on name-only matching under the Fair Credit Reporting Act (FCRA). Highlights include how the opinion was adopted, challenges furnishers and users will face in light of this opinion, and the potential impact for the credit reporting industry moving forward.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. He is a trusted advisor and tireless advocate, helping clients develop practical compliance and dispute-resolution strategies.Associate Noah DiPasquale represents clients in consumer law, business disputes, and commercial litigation. His practice focuses particularly on national class-action litigation arising under consumer protection statutes, including the FCRA.
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Jul 7, 2022 • 22min

CA DFPI Request for Comment on Cryptocurrency-Related Financial Products and Services

Please join Troutman Pepper Partner Chris Willis and his guests and fellow Partners Keith Barnett and Ethan Ostroff as they discuss the recent request for comment from California’s Department of Financial Protection and Innovation on cryptocurrency-related financial products and services under the California Consumer Financial Protection Law. Keith and Ethan share their ideas about what this request for comment says about the direction California may take in the world of cryptocurrency.Collectively, Keith and Ethan bring almost 40 years of experience, representing companies in the financial services industry. They counsel payment processors, money transmitters, payments apps, and similar companies on compliance with federal and state money services business laws. They also advise cryptocurrency exchanges and NFT platforms on state and federal money transmission law compliance and regulatory issues and represent these companies in lawsuits and government enforcement actions.
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Jun 30, 2022 • 18min

Troutman Pepper’s Fintech Capabilities and Trending Issues Impacting Fintech Companies

Please join Troutman Pepper Partners Kim Phan and James Kim as they discuss the firm's expanded capabilities in the fintech world, recent compliance issues for fintech companies, the CFPB's dormant authority to supervise certain nonbank entities and its potential impact on fintech companies, as well as the CFPB's trend to name individuals in enforcement actions.Kim Phan, a partner in the firm's Privacy + Cybersecurity Practice Group, counsels fintech companies in federal and state privacy and data security statutes and regulations throughout product development, marketing, and implementation. Kim ranks high in Chambers and The Legal 500 for her privacy and data security work with fintech companies. As a partner in the Consumer Financial Services Practice Group, James Kim leverages his experience as a former CFPB senior enforcement attorney to provide the industry knowledge and expertise that fintechs and financial institutions require when launching new products or facing regulatory scrutiny. Chambers ranks James highly for his work in fintech and consumer finance enforcement and investigations. 
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Jun 23, 2022 • 17min

Recent Trends in TCPA Litigation

Please join Troutman Pepper Partner Chris Willis and his guest and fellow Partner Stefanie Jackman as they discuss recent trends in Telephone Consumer Protection Act (TCPA) litigation, including how the landscape has changed since the Facebook decision, the increase in challenges to text and automated messaging, state law analogs and mini TCPA laws, and best practices for companies going forward.   As a member of the firm’s Consumer Financial Services Practice Group, Stefanie 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.
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Jun 16, 2022 • 14min

State Attorneys General Call on Financial Giants to Eliminate Overdraft Fees

Please join Troutman Pepper Partner Chris Willis and guests Troutman Pepper Associates Chris Carlson and Susan Nikdel as they discuss the multistate coalition of state attorneys general calling on many of the nation's largest banks to eliminate overdraft fees. The conversation focuses on what was done, which state attorneys general participated, the current controversy surrounding overdraft fees, and several key takeaways for the industry going forward.As a member of the firm's Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, Chris Carlson represents clients in regulatory, civil, and criminal investigations and litigation. As a member of the firm's Consumer Financial Services Practice Group, Susan Nikdel represents clients in financial services litigation, as well as clients facing regulatory examinations and investigations brought by the CFPB, state attorneys general, and the California Department of Financial Protection and Innovation.
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Jun 2, 2022 • 26min

A Dive into Cryptocurrency

Join Troutman Pepper Consumer Financial Services Partner Chris Willis and his guests and fellow Partners Keith Barnett and Ethan Ostroff as they dive into the world of cryptocurrency. The discussion spans from basic terminology and current activities in the regulatory and legislative arenas to parting words of wisdom for companies in the industry. Collectively, Keith and Ethan bring almost 40 years of experience, representing companies in the financial services industry. Keith counsels payment processors, money transmitters, payments apps, and similar companies on compliance with federal and state money services business laws. He also advises cryptocurrency exchanges and NFT platforms on state and federal money transmission law compliance and regulatory issues and represents these companies in lawsuits and government enforcement actions. Ethan's practice focuses on financial services litigation and consumer law compliance counseling.
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May 26, 2022 • 22min

The Current Landscape of Bank-Fintech Partnerships

Please join Troutman Pepper Consumer Financial Services Partner Chris Willis and his guest and fellow Partner Jeremy Rosenblum as they discuss the current landscape of bank-fintech partnerships, including how bank-fintech partnerships work, the challenges these partnerships face, and new developments in the area. With more than three decades of experience representing the financial services industry, Jeremy focuses his practice on federal and state lending and consumer practices laws, with emphasis on the interplay between federal and state laws, joint ventures between banks and nonbank financial services providers, the development and documentation of new financial services, bank overdraft practices and disclosures, geographic expansion initiatives, and compliance with federal and state consumer protection laws.
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May 19, 2022 • 19min

Current Trends in FCRA Litigation

Join Troutman Pepper Consumer Financial Services Partner Chris Willis and fellow Partners Cindy Hanson and Tim St. George as they discuss current trends in Fair Credit Reporting Act litigation. Both Cindy and Tim are recognized nationally on issues related to the Fair Credit Reporting Act. Cindy has handled more than a thousand matters under the Fair Credit Reporting Act, including hundreds of class actions. Tim has extensive experience handling Fair Credit Reporting Act matters, including those related to employment background screening, as well as class-action litigation.

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