The Consumer Financial Services industry is changing quickly. This weekly podcast 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.


 
 

Season 2 | Episode 11 – Diversity and Inclusion: An Update for Financial Institutions

In this podcast, we review the four key focus areas of the 2015 diversity and inclusion standards adopted by the Offices of Minority and Women Inclusion at the CFPB and other federal financial regulators, identify issues regulated entities should consider in addressing those areas and deciding whether to conduct D&I self-assessments, and discuss the evolving Congressional and regulatory D&I landscape since 2015, including recent letters sent to regulated entities regarding D&I efforts and self-assessments.

Season 2 | Episode 10 - The CFPB’s Innovation Proposals: Criticisms and Next Steps

The CFPB has issued proposals to revise its disclosure sandbox and no action letter policy and create a product sandbox. In this podcast, we review what the CFPB has proposed, assess the criticism advanced by state attorneys general and consumer advocates, and discuss the CFPB’s likely next steps and how the proposals' critics are apt to respond.

Season 2 | Episode 9 - A discussion of the CFPB’s annual report on servicemember complaints

Servicemembers are the subject of heightened legal protections. In this podcast, we look at the products that received the most complaints from servicemembers, the specific issues complained about, and the litigation and regulatory risks to consumer financial service providers the report could generate.

Season 2 | Episode 8 - A Discussion of the CFPB’s Proposed Changes to its Payday Loan Rule

In this podcast, we look at the CFPB’s rationale for its proposal to rescind the ability to repay provisions of its payday loan rule, what the payment provisions still set to take effect on Aug. 19 require and the implementation challenges, how industry input could improve the final outcome, the potential impact of pending litigation challenging the rule, and possible legal challenges to the proposals.

Season 2 | Episode 7 - A Discussion of the CFPB’s TRID Rule Guidance

Last month, after more than three years of urging by the industry to provide written guidance, the CFPB issued four FAQs on its TILA/RESPA Integrated Disclosure (TRID) Rule. In this podcast, we take a close look at the FAQs and what they tell creditors, particularly its guidance on when a corrected Closing Disclosure and new three-day waiting period are required (with a caution for those selling to investors) and the safe harbor for using a model form.

Season 2 | Episode 6 - A Primer on the FCC’s Disconnected Phone Number Database

The FCC’s creation of a database of disconnected phone numbers is expected to significantly reduce the potential TCPA exposure companies face for unknowingly calling a customer at a reassigned phone number. In this podcast, we review the relevant TCPA legal background, explain how the database will operate, review the requirements for obtaining a safe harbor from TCPA liability, and discuss proactive steps companies can take in advance of the database launch.

Season 2 | Episode 5 - Nevada’s New Democratic Attorney General: What To Expect

The “Blue Wave” hit Nevada last November as well, resulting in the election of Democrats to serve as Governor and Attorney General. More aggressive enforcement and increased legislative activity are expected. In this podcast, we discuss the new AG’s likely enforcement priorities, the federal and state law enforcement tools available to him, and state legislation of interest to financial institutions that is likely to be considered in the next session.

Season 2 | Episode 4 - Key Issues for Credit Card Co-Branding Relationships

In this week’s podcast, we discuss key issues that need to be considered by banks and their merchant partners when entering into credit card co-branding relationships, including defining the scope of exclusivity, the terms of second-look programs, the role of the payment networks, and the handling of consumer data ownership and usage rights.

Season 2 | Episode 3 - Expectations for Colorado’s new Democratic Attorney General, Phil Weiser

Having declared the Consumer Financial Protection Bureau eviscerated by President Trump, Colorado’s newly elected Democratic Attorney General, Phil Weiser, is expected to take an active approach to consumer protection. In this week’s podcast, Ballard Spahr Partner Matt Morr, based in the firm’s Denver office, discusses Mr. Weiser’s background, key appointees, and likely areas of focus.

Season 2 | Episode 2 - The Eighth Amendment’s Excessive Fines Prohibition: Implications for Consumer Financial Services Providers

In November, the U.S. Supreme Court heard arguments in a case over whether the Eighth Amendment’s excessive-fines prohibition applies to states under the 14th Amendment. In this week’s podcast, we review the litigation and lower court decisions and discuss how the case could provide companies with a constitutional basis for challenging fines and penalties sought by state attorneys general and regulators as they ramp up their supervision and enforcement to fill the void created by a less aggressive CFPB.

Season 2 | Episode 1 - A conversation with Paul Watkins, Director of the CFPB’s Office of Innovation

In this week’s podcast, we speak with Paul Watkins, Director of the CFPB’s Office of Innovation, about the Bureau’s recent proposals to revise its policies on trial disclosure programs and no-action letters and to create a new “BCFP Product Sandbox.” Highlights include discussions of key differences between the revised and current policies, the background and objectives of the BCFP Product Sandbox, confidentiality concerns, and the scope of protections from liability.


Season 1 Episodes