Despite the significant regulatory uncertainty created by the Second Circuit's decision in Madden v. Midland Funding, LLC, the U.S. Supreme Court on June 27, 2016, denied review of the decision. While seemingly an aberration from the general understanding of National Bank Act preemption and common law, the Madden decision affects a host of debt buying and marketplace lending and other bank-model lending programs.

In this webinar, we will analyze the future of bank model lending in light of the Court's refusal to review Madden, as well as other rapidly developing challenges to bank model lending.


  • The likelihood that Madden will be rejected or adopted by other circuits
  • The likely timing of Supreme Court review of the issues raised by Madden
  • Other developing risks for bank model programs, such as state licensing and "true lender" challenges
  • How bank model lending programs are (or should be) evolving to address Madden and other risks

Date & TIme

Tuesday, August 16, 2016
12:00 PM - 1:00 PM ET


Alan S. Kaplinsky
Practice Leader
Consumer Financial Services


Jeremy T. Rosenblum
Practice Leader
Consumer Financial Services

Scott M. Pearson
Task Force Leader
Marketplace Lending

Glen P. Trudel
Consumer Financial Services

This program is open to Ballard Spahr clients and members of the financial services and mortgage banking industries. There is no cost to attend. This program is not eligible for CLE credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Daniel Martin at