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The Consumer Finance Podcast

Latest episodes

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Oct 19, 2023 • 18min

Litigating Elder Financial Exploitation Cases: Defending Banks in a Tough Spot

Join Troutman Pepper Partners Chris Willis, Mary Zinsner, and Dave Gettings for an in-depth discussion about litigating elder financial exploitation cases. Elder abuse and financial exploitation of the elderly are increasing problems in our society, and financial institutions are right in the thick of it. Chris, Mary, and Dave discuss trends in elder fraud litigation, offering insights on the common themes and defenses that financial institutions have in these cases.
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Oct 12, 2023 • 25min

December 1st Deadline to Adopt Executive Compensation Clawback Policies

Join Troutman Pepper Partners Chris Willis and Sheri Adler as they dive into the new requirement for publicly traded companies (including financial services companies) to adopt a clawback policy requiring the recoupment of erroneously awarded incentive compensation by December 1, 2023. Chris and Sheri discuss many facets of the rules and what steps companies can take to ensure compliance, including:Which companies are subject to the new rules?Who must the policy cover?What compensation is covered?What amount is recoverable?What triggers a clawback?May the compensation committee exercise discretion as to whether or not to pursue a clawback?Can a company indemnify an executive for the loss of erroneously awarded compensation?What is the consequence for a company’s failure to comply?What are some practical considerations for getting into compliance?
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Oct 5, 2023 • 14min

Practical Lessons Learned Regarding the Bank Secrecy Act and Anti-Money Laundering for Financial Institutions

Join Troutman Pepper Partner Chris Willis and fellow Partner Matthew Orso as they discuss the Bank Secrecy Act, anti-money laundering, and countering the financing of terrorism rules, as they pertain to financial institutions defined by FinCEN. The discussion includes topics such as which companies are subject to the rules, compliance issues financial institutions may face, and what financial institutions can do to avoid potential issues.
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Sep 28, 2023 • 19min

Federal Banking Interagency Final Guidance on Third-Party Relationships

In this episode of The Consumer Finance Podcast, Troutman Pepper Partner Chris Willis and fellow Partner Glen Trudel discuss the Final Interagency Guidance put out by the Federal Reserve, the FDIC, and the OCC regarding third-party relationships. Topics include the agencies' goals in putting out this joint guidance, notable points raised in the guidance, and potential impacts on the industry from the advent of this guidance.
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Sep 26, 2023 • 13min

Our State and Federal Legislative and Regulatory Tracking Products

Please join Troutman Pepper Partners Kim Phan and Stefanie Jackman for a special podcast episode showcasing our firm's state and federal legislative and regulatory tracking products. These powerful tools were designed to inform industry professionals about the latest state and federal legislative and regulatory developments in order to aid organizations with their compliance management systems and initiatives. The weekly trackers focus on three areas: debt collection, privacy and data security, and consumer reporting and Fair Credit Reporting Act case law. In addition to a weekly tracker, you will be invited to participate in monthly roundtable discussions with Kim and Stefanie. You will also have access to a searchable online portal, which houses all of the information sent out in the weekly updates plus the topics covered in our monthly roundtables. Please tune in to learn more about receiving this valuable tool for your organization.For more information on our firm's state and federal legislative and regulatory tracking products, contact Stefanie Jackman, Kim Phan, or Mike Bevel.
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Sep 21, 2023 • 26min

CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With FCRA Focus Podcast

Join us for the third episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, Ethan Ostroff, and Ron Raether discuss the potential implications of regulating data brokers under the FCRA, and how this might affect data brokers as well as other types of entities, including users, consumer reporting agencies, and resellers.
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Sep 14, 2023 • 29min

CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With FCRA Focus Podcast

Join us for the second episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, Ron Raether, and Ethan Ostroff discuss the regulation of credit header data and the potential impact on the FCRA and consumer reporting agencies, as well as users and data brokers.Stay tuned for the third and final episode in this series, which will focus specifically on data brokers and the possibility of regulating them under the FCRA, and how this might affect data brokers as well as other types of entities, users, consumer reporting agencies, and resellers.
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Sep 7, 2023 • 30min

CFPB's Rulemaking Under the FCRA – Crossover Episode With FCRA Focus Podcast

Join us for the first episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave Gettings, Ethan Ostroff, and Kim Phan explore the historical events that led us to this point, the next steps in the rulemaking process, the expected timeline for a final rule, how the CFPB is coordinating with the FTC and other regulators, and the expected proposed rulemaking regarding credit header data and data brokers.Stay tuned for the next two episodes in this series. In our second episode, our panel will discuss the regulation of credit header data and the potential impact on the FCRA and consumer reporting agencies, as well as users and data brokers. And the final episode of our series will focus specifically on data brokers and the possibility of regulating data brokers under the FCRA, the effect it can have on data brokers as well as other types of entities, users, consumer reporting agencies, and resellers.
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Aug 31, 2023 • 22min

Update on the CFPB's Section 1071 Final Rule

Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield and Joe Reilly for an important update on the Consumer Financial Protection Bureau's (CFPB) new small business lending data collection and reporting final rule — the Section 1071 Final Rule. On July 31, the U.S. District Court for the Southern District of Texas issued a preliminary injunction enjoining the CFPB from implementing and enforcing the Final Rule against members of the American Bankers Association, Texas Bankers Association, and a Texas bank. Chris, Lori, and Joe discuss who benefits from the injunction and what it means for those who do not, advocacy efforts by other financial institution trade groups to level the playing field, the impact on small business borrowers, when we can expect a resolution, and until then, how small business lenders should move forward.
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Aug 24, 2023 • 36min

Current Landscape of Cryptocurrency Regulation and Enforcement

In this episode of The Consumer Finance Podcast, Troutman Pepper Partner Chris Willis is joined by colleagues Ethan Ostroff and Trey Smith to discuss the current landscape of cryptocurrency regulation and enforcement. Our team offers insights to the industry about various topics, including:Regulation of cryptocurrency at the federal and state level, and what the regulators are targeting;The involvement of state attorneys general in cryptocurrency and enforcement;Movement on the legislative front, including New York's Cryptocurrency Regulation, Protection, Transparency, and Oversight Act, and the U.S. House of Representatives Financial Services Committee release of the Digital Asset Market Structure Discussion Draft; andWhat we can expect in the future with regard to cryptocurrency regulation and enforcement.

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