The OCC marked the departure of Comptroller of the Currency Otting by issuing a final rule intended to resolve the legal uncertainty created by the Second Circuit’s decision in Madden v. Midland Funding. The Second Circuit held that a nonbank that purchased charged-off loans from a national bank could not charge the same rate of interest on the loan that Section 85 of the National Bank Act allowed the national bank to charge.

In this webinar we will analyze and discuss the final rule’s implications for industry and the challenges the rule could face. Topics will include:

  • Implications for debt buying, marketplace lending, and other bank-model lending programs, including “true lender’ risk
  • Significance of the FDIC’s refusal to join in the final rule
  • Potential congressional and legal challenges
  • Potential impact of the 2020 presidential election

Date & Time

Monday, July 20, 2020
12:00 PM - 1:00 PM ET


Alan S. Kaplinsky, Co-Practice Leader, Consumer Financial Services
Jeremy T. Rosenblum, Co-Practice Leader, Consumer Financial Services
Ronald Vaske, Partner, Consumer Financial Services
Jason Cover, Associate, Consumer Financial Services


This program is open to Ballard Spahr clients and prospective clients. There is no cost to attend. This program is not eligible for continuing education credits.

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