The Consumer Finance Podcast

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