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Consumer Finance Monitor
by Ballard Spahr LLP
The Consumer Financial Services industry is changing quickly. This weekly podcast from national law firm Ballard Spahr focuses on the consumer finance issues that matter most, from new product development and emerging technologies to regulatory compliance and enforcement and the ramifications of private litigation. Our legal team—recognized as one of the industry's finest— will help you make sense of breaking developments, avoid risk, and make the most of opportunity.
Episodes
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The CFPB Needs Reform, But Not More Regulatory Whiplash
The future of the Consumer Financial Protection Bureau (CFPB or Bureau) has rarely been more uncertain. Since its creation, the CFPB has been at the center of intense political and policy debate, with its priorities changing dramatically as administrations change. The events of the past year or…
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Cantero II: Circuit Split and OCC Preemption Determination Set Up Likely Supreme Court Review
National bank preemption is headed toward another Supreme Court showdown. The Second Circuit has held that New York's mortgage escrow-interest requirement is preempted, directly conflicting with the First Circuit's decision upholding a comparable Rhode Island requirement and the Ninth Circuit's...
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When Consumer Protection Disclosures Work Too Well: New Podcast Explores the Distributional Costs of Effective Consumer Regulation
Disclosure has long been one of the principal tools of consumer protection. The basic premise seems straightforward: if consumers are given better information about the terms of a transaction, they should be able to make better-informed decisions. But what if better disclosure works differently…
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The "Confidence Advantage": Why Privacy, Cybersecurity and AI Governance Are Becoming Business Imperatives
In the latest episode of the Consumer Finance Monitor podcast that we are releasing today, we explore a topic that is becoming increasingly important for financial services companies and virtually every other business operating in today's digital economy: how privacy, cybersecurity, and AI...
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CFPB's Immigration Status Guidance Creates a Compliance Catch-22 for Creditors
The CFPB's June 5, 2026 statement on "Ability to Repay and Immigration Status" presents creditors with a difficult, and potentially unprecedented, compliance dilemma. The Bureau says that when creditors are required to assess a consumer's ability to repay, they may, and in some circumstances may…
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AI in Financial Services—Consumer Protection Challenges in the Age of Artificial Intelligence
In today's episode of the award-winning Consumer Finance Monitor Podcast, our host, Alan Kaplinsky (founder, chair for 25 years and now Senior Counsel of the Consumer Financial Services Group at Ballard Spahr LLP) is joined by Delicia Hand, a nationally recognized expert on digital civil rights…
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New Institute for Consumer Financial Choice Seeks to Reshape the Consumer Finance Policy Debate
A newly launched academic institute is seeking to influence the future direction of consumer financial services regulation by promoting a policy framework centered on consumer choice, market competition, empirical research, and innovation. In the podcast we are releasing today on Consumer Finance...
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CFPB's Revised Section 1071 Rule: What Lenders Need to Know About the New Small Business Lending Reporting Requirements
In today's episode of the Consumer Finance Monitor Podcast, we are pleased to present an audio version of the webinar we conducted on May 27, 2026 examining the CFPB's revised final rule and its practical implications for banks, credit unions, FinTech companies, and other providers of small...
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Agentic Commerce Is Coming—Will the Legal System Be Ready?
Artificial intelligence is rapidly evolving from a tool that assists human decision-making into technology capable of acting independently. The next frontier, often referred to as agentic AI or agentic commerce, envisions AI agents negotiating contracts, making purchases, authorizing payments…
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Risk-Based AML/CFT Reform: What Financial Institutions Need to Know About the Joint Banking Agency and FinCEN Proposals
The latest episode of the Consumer Finance Monitor podcast examines a significant and coordinated regulatory initiative that could reshape anti-money laundering and countering the financing of terrorism (AML/CFT) compliance across the financial services industry. In this episode, host Alan...
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Cutting Out the Middleman: Why Fintechs, Crypto Firms, and Payments Companies Are Seeking Their Own Bank Charters - Part 2
At a May 19, 2026 Ballard Spahr webinar, "Cutting Out the Middleman: The Surge in FinTech Applications to Charter Banks, Industrial Banks and National Trust Companies," a distinguished panel of banking, fintech, crypto, and consumer financial services experts explored one of the most important...
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Cutting Out the Middleman: Why Fintechs, Crypto Firms, and Payments Companies Are Seeking Their Own Bank Charters - Part 1
At a May 19, 2026 Ballard Spahr webinar, "Cutting Out the Middleman: The Surge in FinTech Applications to Charter Banks, Industrial Banks and National Trust Companies," a distinguished panel of banking, fintech, crypto, and consumer financial services professionals explored one of the most...
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Coerced Debt: New York's Landmark Law and Emerging Trends Nationwide - Part 2
On May 12, 2026, we produced a 90-minute webinar in which we explored one of the most important and rapidly developing issues in consumer financial services law: coerced debt and the emerging legislative efforts designed to address it. The webinar has been re-purposed into a two-part podcast...
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Coerced Debt: New York's Landmark Law and Emerging Trends Nationwide - Part 1
On May 12, 2026, we produced a 90-minute webinar in which we explored one of the most important and rapidly developing issues in consumer financial services law: coerced debt and the emerging legislative efforts designed to address it. The webinar has been re-purposed into a two-part podcast...
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Fireside Chat with Simon Taylor and Adam Maarec
In this episode, Adam Maarec sits down with fintech thought leader Simon Taylor for a lively fireside chat focused on the rapidly evolving world of fintech, payments, and banking innovation. Adam, an experienced legal and regulatory advisor in financial services, and Simon, widely recognized for...
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Consumer Protection, Democracy, and the CFPB: A Thought-Provoking Debate with Amelia O'Rourke-Owens
On a recent episode of the Consumer Finance Monitor Podcast, Alan Kaplinsky, host of the podcast, had the opportunity to interview Amelia O'Rourke-Owens, a legal scholar and former CFPB policy fellow, about her article, "Tearing Holes in Consumer Protection: Democracy's Safety Net." Amelia is the...
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AI Liability Comes Into Focus: A Conversation with Mark Geistfeld on the ALI's Civil Liability Principles Project
Artificial intelligence is rapidly transforming consumer financial services and countless other industries. As AI systems become more autonomous, adaptive, and deeply integrated into commercial decision-making, courts, regulators, and industry participants are increasingly confronting a critical...
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CFPB Finalizes Sweeping ECOA Rule Changes: What Lenders Need to Know About Disparate Impact, Discouragement, and SPCPs
Today's episode of the Consumer Finance Monitor Podcast features a wide-ranging and timely discussion about one of the most consequential fair lending developments in years: the CFPB's final rule fundamentally reshaping enforcement under the Equal Credit Opportunity Act (ECOA) and Regulation B....
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White House Executive Order on Scams and Fraud Takes Center Stage
Today, we released a new episode of the award-winning Consumer Finance Monitor Podcast examining one of the most significant recent federal developments in the fight against scams and fraud: Executive Order 14390. Hosted by Alan Kaplinsky (the founder, chair for 25 years and now Senior Counsel in...
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Debt Sales 101 Mini-Series — Episode 6: After the Close: Compliance, Oversight, and Ongoing Risk
In the final episode of our Debt Sales 101 mini-series, we focus on what happens after a debt sale closes and how sellers manage ongoing compliance, oversight, and risk. We discuss how regulators view debt sales as a managed activity rather than a clean exit and what that means for post-sale...
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The White House AI Framework: Ambition, Preemption, and Uncertainty Ahead
In the episode of Consumer Finance Monitor Podcast being released today, we explore the White House's National Policy Framework for Artificial Intelligence published on March 20, 2026. This new framework represents the Administration's most concrete attempt yet to shape the future of AI…
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Debt Sales 101 Mini-Series — Episode 5: Closing the Deal: Key Contracting and Transaction Issues
In Episode 5 of our Debt Sales 101 mini-series, we turn to contracting and closing, where legal structure, regulatory expectations, and commercial terms come together to define the transaction. We discuss the key provisions in a debt purchase and sale agreement and how those provisions allocate...
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NYC DCWP at the Forefront of Consumer Protection: A Conversation with Commissioner Sam Levine
In this episode of the Consumer Finance Monitor Podcast, host Alan Kaplinsky (founder, former chair for 25 years and now Senior Counsel) had the pleasure of speaking with Sam Levine, Commissioner of the New York City Department of Consumer and Worker Protection (DCWP), about the agency's evolving...
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Debt Sales 101 Mini-Series — Episode 4: The Regulatory Landscape for Debt Sales Today
In Episode 4 of our Debt Sales 101 mini-series, we focus on the current regulatory landscape governing debt sales and how recent developments are shaping the market. We discuss how oversight has become more fragmented, more active, and increasingly driven by state regulators and attorneys…
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"True Lender" Doctrine Back in the Spotlight: Key Takeaways on OppFi v. Hewlett Tentative California Superior Opinion
The latest episode of the Consumer Finance Monitor Podcast being released today tackles one of the most consequential developments in bank–fintech litigation in recent years: the Los Angeles Superior Court's tentative decision in Opportunity Financial, LLC v. Hewlett (read more here). This case...
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Debt Sales 101 Mini-Series — Episode 3: Who Buys Debt and How Deals Are Structured
In Episode 3 of our Debt Sales 101 mini-series, we discuss who buys charged-off debt and how debt sale transactions are typically structured. We explain how different buyers specialize in different asset classes and how buyers evaluate portfolios from legal, regulatory, and commercial…
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DIDMCA Opt-Outs Resurface: Oregon Legislation and the Colorado Case Could Alter the Landscape for Interstate Lending by State Banks
In this episode of the Consumer Finance Monitor Podcast, host Alan Kaplinsky is joined by colleagues Pilar French and Burt Rublin to unpack a rapidly evolving issue at the intersection of bank–FinTech partnerships and interstate lending: the renewed exercise of state opt-out authority under…
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Debt Sales 101 Mini-Series — Episode 2: What Can Be Sold? Understanding Eligible Debt and Portfolio Composition
In Episode 2 of our Debt Sales 101 mini-series, we move from the "why" behind debt sales to the "what." Specifically, we discuss what types of debt can be sold, how portfolios are typically composed, and the legal and regulatory considerations that determine whether debt is appropriate for sale....
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A Deep Dive on BNPL Regulation and Other "Hot" Topics with Max Dubin of the New York DFS
We're pleased to announce that our latest episode of the Consumer Finance Monitor Podcast is now live and it's one you won't want to miss. In this episode, our host Alan Kaplinsky, founder, Chair for 25 years, and now Senior Counsel of our Consumer Financial Services Group, is joined by Max…
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Debt Sales 101 Mini-Series — Episode 1: How Debt Sales Work and Why Companies Use Them
We are pleased to release Episode 1 of our new podcast mini-series, Debt Sales 101. In this first episode, we start with the fundamentals and discuss what a debt sale is, how these transactions are structured, and why companies choose to sell debt. Debt sales are often discussed in simple terms,...
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Residential Solar Finance Under Intensifying Scrutiny: Key Regulatory and Litigation Trends
In today's episode of the Consumer Finance Monitor Podcast Show, our host, Ballard Spahr's Alan Kaplinsky, was joined by colleagues Steven Burt and Melanie Vartabedian to explore a rapidly evolving and increasingly complex area of consumer financial services: residential solar finance. Building…
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CFPB Supervision Reset? What Banks and Non-Banks Should Know About the Emerging Examination Landscape
On today's episode of the Consumer Finance Monitor Podcast our host, Alan Kaplinsky, discusses the rapidly evolving landscape of federal financial supervision with Sherra Brown, Head of Regulatory Research and Analysis for the Americas at Vixio Regulatory Intelligence. Our conversation focuses on...
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Agentic AI in Consumer Financial Services: Opportunities, Risks, and Emerging Legal Frameworks
Artificial intelligence is rapidly transforming the consumer financial services industry. From underwriting and fraud detection to customer engagement and collections, financial institutions are increasingly deploying advanced AI tools to automate processes, personalize services, and improve...
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Credit Card Rate Caps and the Credit Card Competition Act: The Right Problem, the Wrong Tools?
We are releasing today on our Consumer Finance Monitor podcast our host Alan Kaplinsky's discussion with Marisa Calderon, President and CEO of Prosperity Now, about two high-profile policy proposals raised or embraced by President Trump as part of a broader populist affordability agenda: 1. A...
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A National Strategy to Prevent Scams — "United We Stand"
In a recent episode of the award-winning Consumer Finance Monitor podcast, Alan Kaplinsky was joined by Nick Bourke, Kate Griffin, and Ballard Spahr partner Joseph Schuster to discuss a groundbreaking new report from the Aspen Institute Financial Security Program: United We Stand: A National...
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The Consumerization of Small Business Lending: Federal and State Regulations Accelerate
On today's Consumer Finance Monitor podcast, we are releasing an episode about a timely and wide-ranging discussion on one of the most significant and fastest-evolving developments in commercial finance: the rapid "consumerization" of small business lending law. In this episode, host Alan…
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A Sea Change in New York Consumer Protection Law: Inside the FAIR Act
In the episode of the Consumer Finance Monitor podcast we are releasing today, we examine what may be the most consequential development in New York consumer protection law in nearly half a century: the enactment of the New York State Fair Business Practices Act (the FAIR Act). Signed into law in...
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Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk in America
On this episode of the Ballard Spahr Consumer Finance Monitor Podcast, we examine consumer debt and bankruptcy through the lens of Debt's Grip: Risk and Consumer Bankruptcy (University of California Press, 2025), by Pamela Foohey, Robert M. Lawless, and Deborah Thorne. Based on decades of…
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Earned Wage Access in the Crosshairs of the Center for Responsible Lending
In this episode of the Consumer Finance Monitor Podcast, we examine one of the most closely watched and increasingly controversial developments in consumer finance: earned wage access (EWA) products. EWA products allow workers to access a portion of wages they have already earned before their...
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Breaking Developments in National Bank Act Preemption
Our podcast show this week consists of a webinar we produced on November 10, 2025, titled, "Breaking Developments in National Bank Act Preemption." Join our panel of top legal experts as they break down how landmark court rulings are changing the rules for national banks, examine the growing...
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BSA/AML Priorities Under a New Administration
Join us for a timely and insightful conversation on the evolving landscape of anti-money laundering (AML) compliance in consumer financial services. In this episode of the Consumer Finance Monitor Podcast, Alan Kaplinsky, founder and senior counsel of Ballard Spahr's Consumer Financial Services...
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The Future of Shareholder Arbitration in Light of SEC's New Policy Statement
This week on the award-winning Consumer Finance Monitor Podcast, host Alan Kaplinsky is joined by Senior Counsel Mark Levin and special guest Professor Mohsen Manesh for a powerful roundtable on one of today's most consequential topics: the SEC's new position on mandatory arbitration in corporate...
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Significant 2025 Deregulatory Developments in Banking Law
Join host Alan Kaplinsky, founder and former longtime leader of Ballard Spahr's Consumer Financial Services Group and one of the foremost thought leaders in the industry, as he welcomes two special guests for a timely and insightful conversation about the most significant deregulatory…
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The CFPB's Most Ambitious Regulatory Agenda Ever – Part 2
Today's episode features Part 2 of our November 4 webinar, "The CFPB's Most Ambitious Regulatory Agenda Ever." (Part 1 of this series was released on December 18. We encourage you to listen to that episode as well). In Part 2, we continue to unpack the far-reaching implications of the Consumer...
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The CFPB's Most Ambitious Regulatory Agenda Ever – Part 1
Today's episode features Part 1 of our November 4 webinar, "The CFPB's Most Ambitious Regulatory Agenda Ever." In this packed episode, our expert panel breaks down the Consumer Financial Protection Bureau's largest and boldest regulatory agenda to date. Discussing an unprecedented lineup of 24...
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The CFPB's Reg B Proposal: Key Changes and Industry Impact
Today's podcast brings listeners a timely and insightful discussion as our panel examines the CFPB's proposed amendments to Regulation B under the Equal Credit Opportunity Act (ECOA). As our regular listeners know, we released an episode yesterday, and we are providing this additional special...
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AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out – Part 2
Today's episode features Part 2 of our October 30, 2025 webinar, "AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out." In this installment, our panel dives deeper into the evolving intersection of artificial intelligence, regulation, and innovation in...
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AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out – Part 1
Today's episode features Part 1 of our October 30, 2025 webinar, "AI in Financial Services: Understanding the White House Action Plan – and What It Leaves Out." In this installment, a panel of leading experts breaks down the rapidly evolving role of artificial intelligence in financial...
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Opportunities in the Solar Finance Industries Despite Trump 2.0
Step into the intersection of consumer finance law and the solar energy industry with host Alan Kaplinsky, senior counsel at Ballard Spahr, and special guest Steven Burt, attorney and former public policy leader at major residential solar companies. In this episode, listeners will get an…
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Fair Lending Developments Under Trump 2.0 – Part 2
Today's episode marks the second of a two-part series, with Part One having been released on November 13th. In this installment, we continue our conversation on the many changes in fair lending policy and enforcement under the second Trump administration. The discussion is moderated by Alan...
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ABOUT THIS SHOW
The Consumer Financial Services industry is changing quickly. This weekly podcast from national law firm Ballard Spahr focuses on the consumer finance issues that matter most, from new product development and emerging technologies to regulatory compliance and enforcement and the ramifications of private litigation. Our legal team—recognized as one of the industry's finest— will help you make sense of breaking developments, avoid risk, and make the most of opportunity.
HOSTED BY
Ballard Spahr LLP
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