The Consumer Finance Podcast

Please join Troutman Pepper Partner Chris Willis and his guest and colleague Brooke Conkle as they discuss the Federal Trade Commission’s (FTC) recent consent order with Passport Auto Group. The FTC alleged Passport violated the law in three areas: Passport had a practice of marking up fees from the advertised price; Passport had a discretionary markup practice that caused Black and Latino customers to pay higher fees; and it charged Black and Latino customers additional fees for markups for extra services. The consent order requires Passport to pay $3.38 million, with the FTC redistributing the money to affected customers. Chris and Brooke further discuss the FTC’s proposed rule relating to disclosure of fees and how this affects auto dealerships.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. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Please join Consumer Financial Services Partner Chris Willis and his colleague and fellow Partner Jordi de Llano as they discuss recent developments in anti-money laundering. In this episode, the attorneys examine FinCen's September 2022 final rule, which implements guidance on new beneficial ownership information reporting requirements of the Corporate Transparency Act (CTA), as well as take a deeper dive into recent developments and what it means for different entities.Jordi de Llano formerly served as assistant U.S. attorney and deputy chief of the Securities, Financial, and Cyber Fraud Unit in the U.S. attorney's office in Boston. He also previously ran the Financial Crimes/Suspicious Activity Report (SAR) Review Task Force at the U.S. attorney's office in Lexington, KY. In that role, Jordi oversaw all investigations involving SARs, Bank Secrecy Act (BSA) violations, and money laundering. He also served as the primary liaison for the U.S. attorney's office with local financial institutions regarding BSA compliance issues. With nearly a decade of experience as a seasoned federal prosecutor managing complex financial investigations, Jordi now focuses on representing corporate and individual clients facing criminal cases and government investigations. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Please join Consumer Financial Services Partner Chris Willis and his colleague Partner Misha Tseytlin to discuss the Fifth Circuit's decision in Community Financial Services Association of America, Ltd. v. Consumer Financial Protection Bureau, what may happen next and when, and the ruling's practical impact on the consumer finance industry. As noted in our October 20 blog about the CFSA case, a Fifth Circuit panel found the funding mechanism for the CFPB to be unconstitutional.Misha leads the firm's national Appellate + Supreme Court Practice Group. He is an appellate attorney who handles his clients' most important cases and achieves optimal outcomes by drawing on an accomplished track record before the U.S. Supreme Court, federal courts of appeal, and state courts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Please join Consumer Financial Services Partner Chris Willis and his colleagues and fellow Partners Mary Zinsner and Susan Flint as they discuss the current landscape of wire fraud scams in the financial services industry. Topics include:Wire fraud scams, such as Business Email Compromise (BEC) fraud, and the potential liability of banks;How banks should analyze wire fraud claims in the pre-litigation stage;How courts are ruling on the issues;Responsibilities of nonbank parties to the wire; andTips for bank in-house counsel in handling wire fraud transfer situations.Mary Zinsner focuses her practice on litigation and strategy in lender liability, check and bank operation, class action, consumer finance, fiduciary matters, and creditor's rights disputes. While Mary litigates extensively in the federal and state trial and appellate courts in Virginia, Maryland, and the District of Columbia, as well as in the U.S. Court of Appeals for the Fourth Circuit, she represents banking clients in cases of all sizes nationwide.Susan Flint has more than 25 years of experience leading teams responsible for litigation and regulatory enforcement matters. Susan specializes in issues arising in the financial services industry and has experience representing and providing general and specific legal advice and support for high-risk litigation and regulatory issues, bringing favorable results to the client. She has extensive experience defending banking clients in multiple areas, including retail and small business banking, complex commercial litigation, third-party vendor issues, and third-party legal process issues. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Please join Consumer Financial Services Partner Chris Willis and his colleagues Ron Raether and Kim Phan, partners in our Privacy + Cyber Practice Group, as they discuss recent privacy and data security updates in the consumer financial services industry. Topics include:The CFPB's and FTC's regulatory stance on privacy and data security issues;The current landscape of privacy legislation; andEmerging trends in privacy and data security litigation, including the status of litigation under the California Consumer Privacy Act, and how businesses can protect themselves going forward.Ron Raether has helped companies navigate federal and state privacy laws for over 20 years. He has effectively defended hundreds of privacy and data security putative class actions. Ron's experience is unique in the number of privacy cases litigated through class and substantive issue motions, including defending those successes in the appellate courts.Kim Phan counsels financial institutions in complying with federal and state privacy and data security statutes and regulations. She also guides clients on regulatory compliance matters, including supervisory and enforcement interactions with the CFPB, the FTC, and state attorneys general and departments of consumer protection. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.