Consumer Finance Monitor

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.

  1. 1d ago

    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 business credit. During this comprehensive discussion, our host, Alan Kaplinsky (founder, former Practice Group Leader for 25 years and now Senior Counsel of the Consumer Financial Services Group) was joined by his Ballard Spahr colleagues Richard Andreano and John Culhane, along with two distinguished guest panelists: Bradley Blower, Principal and Founder of Inclusive-Partners, LLC, and Louis Caditz-Peck, Executive Director of the Responsible Business Lending Coalition. Key Topics Discussed: ·        The most significant differences between the CFPB's original 2023 Section 1071 rule and the revised 2026 final rule. ·        Why the Bureau substantially increased the institutional coverage threshold from 100 to 1,000 covered originations. ·        The practical implications of narrowing the definition of a "small business," reducing the required data points, and excluding merchant cash advances and agricultural loans from coverage. ·        Whether the revised rule still fulfills Congress's objectives of promoting fair lending and improving transparency in the small business lending market. ·        The operational and technology challenges lenders should begin addressing now—even though compliance is not required until January 1, 2028. ·        How institutions can use Section 1071 data not only for compliance but also as a competitive business intelligence tool. ·        The potential fair lending, supervisory, and reputational risks created by the public availability of Section 1071 data. ·        The current status of litigation challenging the original Section 1071 rule and whether additional lawsuits challenging the revised rule are likely. ·        Predictions regarding how the rule may evolve over time, including whether future administrations could expand its scope in a manner similar to the evolution of HMDA reporting. Whether your institution expects to be covered by the revised rule or not, this discussion provides valuable insight into the future direction of small business lending regulation and offers practical guidance on how lenders should prepare now for the compliance, operational, and strategic issues that lie ahead. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

  2. Jul 9

    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 Kaplinsky and guest Celia Cohen, a partner in Ballard Spahr's White Collar Defense and Investigations Group, analyze the joint notice of proposed rulemaking issued by the federal banking agencies Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and National Credit Union Administration—alongside a parallel proposal from Financial Crimes Enforcement Network (FinCEN). Together, these proposals represent one of the most important efforts in years to modernize AML/CFT compliance frameworks, moving the system toward a more risk-based, effectiveness-driven model. Key Topics Discussed Include: A Shift Away from "Check-the-Box" Compliance "Establish and Maintain" — and Prove It Works SAR Filings and the Challenge of Judgment Calls Impact Across Financial Institutions Regulatory Signals: A Coherent Direction What Institutions Should Be Doing Now The Consumer Finance Monitor podcast will continue tracking developments as the rulemaking process advances and will revisit the topic when final rules are issued. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

  3. Jul 2

    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 developments currently reshaping the financial services industry: the growing movement by fintech companies, payments firms, lenders, and crypto-native businesses to obtain their own banking charters rather than relying on traditional bank partnerships. The message from the panel was clear: we are witnessing a significant shift in how nonbank financial services companies are thinking about regulation, growth, and market access. The podcast we are releasing today is part 2 of this series. We recommend that you listen to part 1 before listening to part 2.   Speakers:  Moderator: Alan Kaplinsky, senior counsel; founder and former leader of Consumer Financial Services Group, Ballard Spahr   Guest: Lee Reiners, Lecturing Fellow, Duke Financial Economics Center; founder and editor-at-large of The FinReg Blog; founder and host, The FinReg Pod; co-host, Coffee & Crypto with Lee and Jimmie (a podcast that covers the latest developments in cryptocurrency); co-organizer of Digital Assets at Duke (annual conference about crypto assets space) Scott Coleman, partner, Ballard Spahr  Joseph Schuster, partner, Ballard Spahr  Beau Hurtig, counsel, Ballard Spahr  Adam Maarec, counsel, Ballard Spahr  Key Takeaways A significant shift is underway. Fintechs increasingly want to internalize the benefits of banking rather than rely on partnerships. There is no one-size-fits-all charter. National banks, state banks, industrial banks, and national trust banks each serve different strategic objectives. The current environment appears unusually favorable. Regulators are showing greater openness to nontraditional applicants than at any point in recent memory. The trend extends well beyond crypto. Payments companies, lenders, fintech platforms, and other financial services providers are all exploring charter opportunities. Becoming a bank is a long-term commitment. The benefits are substantial, but so are the regulatory obligations. For firms willing to embrace that commitment, obtaining a charter may provide transformative advantages. But as our panel repeatedly emphasized, success requires careful planning, significant capital, experienced management, and a clear understanding that regulatory scrutiny continues long after the charter is approved.

  4. Jun 25

    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 important developments currently reshaping the financial services industry: the growing movement by fintech companies, payments firms, lenders, and crypto-native businesses to obtain their own banking charters rather than relying on traditional bank partnerships. The message from the panel was clear: we are witnessing a significant shift in how nonbank financial services companies are thinking about regulation, growth, and market access. Speakers:  Moderator: Alan Kaplinsky, senior counsel; founder and former leader of Consumer Financial Services Group, Ballard Spahr   Guest: Lee Reiners, Lecturing Fellow, Duke Financial Economics Center; founder and editor-at-large of The FinReg Blog; founder and host, The FinReg Pod; co-host, Coffee & Crypto with Lee and Jimmie (a podcast that covers the latest developments in cryptocurrency); co-organizer of Digital Assets at Duke (annual conference about crypto assets space) Scott Coleman, partner, Ballard Spahr  Joseph Schuster, partner, Ballard Spahr  Beau Hurtig, counsel, Ballard Spahr  Adam Maarec, counsel, Ballard Spahr  Key Takeaways A significant shift is underway. Fintechs increasingly want to internalize the benefits of banking rather than rely on partnerships. There is no one-size-fits-all charter. National banks, state banks, industrial banks, and national trust banks each serve different strategic objectives. The current environment appears unusually favorable. Regulators are showing greater openness to nontraditional applicants than at any point in recent memory. The trend extends well beyond crypto. Payments companies, lenders, fintech platforms, and other financial services providers are all exploring charter opportunities. Becoming a bank is a long-term commitment. The benefits are substantial, but so are the regulatory obligations. Part 2 of this webinar will be released next Thursday, July 2nd. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

  5. Jun 18

    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 series, the first of which was released this past Thursday, June 11th, and the second of which is being released today, Thursday, June 18th. Alan Kaplinsky, Founder, former Chair for 25 years and now Senior Counsel of the Consumer Financial Services Group at Ballard Spahr, LLP hosted and moderated this discussion. The discussion examines the growing recognition that individuals, often survivors of domestic violence, elder abuse, human trafficking, or other forms of coercive control, can be manipulated, threatened, or deceived into incurring debt without meaningful consent. The program focuses in particular on New York's newly enacted coerced debt statute, which creates a framework allowing consumers to challenge the enforceability of debts incurred through coercion and requires creditors and debt collectors to investigate such claims. This topic was covered in Part 1. The episodes feature an outstanding panel of experts from academia, legal services organizations, consumer advocacy groups, and private practice. Professor Angela Littwin of the University of Texas School of Law discusses her groundbreaking research on coerced debt, including empirical studies demonstrating the prevalence of the problem and the inadequacy of traditional legal remedies such as divorce proceedings, bankruptcy, and fraud defenses. Representatives from CAMBA Legal Services, Brooklyn, New York, Divya Subramanyam and Naomi Young, explain how the New York statute is intended to operate in practice, including the evidentiary requirements imposed on survivors, creditor obligations upon receipt of a coerced debt claim, and the practical challenges survivors face in seeking relief. Part 2 of the program being released today begins with a discussion of the broader national landscape. Carla Sanchez-Adams of the National Consumer Law Center discusses similar legislative initiatives developing across the country, including laws enacted in states such as California, Texas, Connecticut, Minnesota, Maine, Illinois, and Vermont, as well as pending legislation elsewhere.  Carla and the panel further analyze the interaction between coerced debt claims and existing federal laws such as the Fair Credit Reporting Act and Truth in Lending Act, while also addressing ongoing efforts to expand federal protections. Finally, Ballard Spahr attorney, Dan Wilkinson, offers an industry perspective on the significant operational and compliance issues created by these laws for banks, finance companies, debt collectors, and other financial institutions. The discussion highlights the challenges of identifying coerced debt claims, conducting investigations while protecting survivor confidentiality, training frontline personnel, and balancing consumer protection concerns with fraud prevention and risk management obligations. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

  6. Jun 11

    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 series, the first of which is being released today, June 11th, and the second of which is being released next Thursday, June 18th. Alan Kaplinsky, Founder, former Chair for 25 years and now Senior Counsel of the Consumer Financial Services Group at Ballard Spahr, LLP hosted and moderated this discussion.  The discussion examines the growing recognition that individuals, often survivors of domestic violence, elder abuse, human trafficking, or other forms of coercive control, can be manipulated, threatened, or deceived into incurring debt without meaningful consent. The program focuses in particular on New York's newly enacted coerced debt statute, which creates a framework allowing consumers to challenge the enforceability of debts incurred through coercion and requires creditors and debt collectors to investigate such claims. The episodes feature an outstanding panel of experts from academia, legal services organizations, consumer advocacy groups, and private practice. Professor Angela Littwin of the University of Texas School of Law discusses her groundbreaking research on coerced debt, including empirical studies demonstrating the prevalence of the problem and the inadequacy of traditional legal remedies such as divorce proceedings, bankruptcy, and fraud defenses. Representatives from CAMBA Legal Services, Brooklyn, New York, Divya Subrahmanyam and Naomi Young, explain how the New York statute is intended to operate in practice, including the evidentiary requirements imposed on survivors, creditor obligations upon receipt of a coerced debt claim, and the practical challenges survivors face in seeking relief. The program also examines the broader national landscape. Carla Sanchez-Adams of the National Consumer Law Center discusses similar legislative initiatives developing across the country, including laws enacted in states such as California, Texas, Connecticut, Minnesota, Maine, Illinois, and Vermont, as well as pending legislation elsewhere. Carla and the panel further analyze the interaction between coerced debt claims and existing federal laws such as the Fair Credit Reporting Act and Truth in Lending Act, while also addressing ongoing efforts to expand federal protections. Finally, Ballard Spahr attorney, Dan Wilkinson, offers an industry perspective on the significant operational and compliance issues created by these laws for banks, finance companies, debt collectors, and other financial institutions. The discussion highlights the challenges of identifying coerced debt claims, conducting investigations while protecting survivor confidentiality, training frontline personnel, and balancing consumer protection concerns with fraud prevention and risk management obligations. This podcast and the one we are releasing next week provide a comprehensive and balanced examination of a fast-evolving area of consumer finance law that is likely to have substantial implications for creditors, debt collectors, compliance professionals, consumer advocates, and policymakers nationwide. Part 1 of this discussion includes an introduction to the topic and the speakers by Alan Kaplinsky, an overview of coerced debt by Angela Littwin, and the analysis of the New York statute by Divya Subrahmanyam and Naomi Young.  Part 2 of the discussion, which is being released next Thursday, June 18th, will cover theories of liability under existing federal and state laws and bills pending in other states by Carla Sanchez-Adams, the Industry Perspective by Dan Wilkinson, and the key takeaways and closing by Alan Kaplinsky.  Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

  7. Jun 4

    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 his writing, podcasts, and advisory work with fintechs, banks, VCs, and regulators, delve into some of the most relevant challenges and opportunities shaping the industry today. Together, they unpack the rise of agentic commerce and the impact of AI-driven financial tools, exploring how personal finance agents and large language models are beginning to reshape shopping, payments, and financial management. The conversation covers the complexities of liability and authentication when using AI agents, the evolving regulatory landscape in the US compared to the UK and EU, and the ongoing battle with AML (Anti-Money Laundering) risks, particularly in relation to stablecoins and open banking. Listeners will hear candid takes on the tension between innovation and risk management, the evolving payments ecosystem (including A2A and stablecoins), and the real-world implications for merchants, consumers, and regulators as the industry pushes into new territory. The episode also highlights real use cases and experiments currently unfolding in the market, such as the integration of platforms like Perplexity and Plaid for next-generation personal financial management, and the adoption of stablecoins in B2B payments across global markets. Adam and Simon provide a balanced view, separating hype from genuine progress, and invite listeners to stay attuned to the early signals that are likely to shape the future of digital finance. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

  8. May 28

    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 founder and CEO of Resilience Solutions, which provides subject matter expertise and consulting services around policy solutions and strategic planning. The services enhance strategic objectives of their clients and build resilience in their enterprise and efforts.  The discussion explored the role of consumer financial protection law, the evolving mission of the CFPB, and the broader implications for democracy, innovation, and financial regulation. Amelia advances a bold thesis in her article: that consumer protection law, and particularly consumer financial protection law, may be the most impactful body of law in the United States. She further argues that the strength of consumer protection laws may serve as a barometer for the health of American democracy. To support this thesis, Amelia proposes a three-part framework for evaluating the "impact" of a body of law: 1.         The number of individuals protected 2.         The breadth of entities governed 3.         The available avenues for enforcement Under this framework, Amelia contends that consumer financial protection law stands apart because it affects virtually every American, governs a broad range of financial institutions and market participants, and relies on overlapping enforcement mechanisms that include federal regulators, state attorneys general, and private litigation. Alan and Amelia's discussion examined these themes in detail and highlighted several important points of disagreement. The CFPB's Role and Regulatory Philosophy A substantial portion of their conversation focused on the CFPB itself and how different administrations have approached the Bureau's authority. Amelia defended an expansive view of consumer protection oversight, arguing that robust regulation is necessary to prevent harmful market conduct and systemic instability. She pointed to the 2008 financial crisis as evidence that insufficient oversight can have devastating consequences not only for consumers but for the financial system as a whole. Alan expressed concern that, during the tenure of former CFPB Director Rohit Chopra, the Bureau frequently pushed beyond clear statutory boundaries through aggressive enforcement theories, expansive interpretations of UDAAP authority, and attempts to regulate emerging products and practices through guidance and supervisory pressure rather than formal rulemaking. As Alan noted during the discussion, many industry participants viewed the CFPB's approach under Chopra as creating significant uncertainty. Financial institutions often struggled to determine whether innovative products that complied with existing statutes and regulations would nevertheless become targets of CFPB criticism or enforcement. That uncertainty, in Alan's view, can have real-world consequences. Institutions may become more risk-averse, innovation may slow, and access to credit, particularly for low- and moderate-income consumers, may be reduced. Amelia strongly disagreed with the premise that regulatory oversight itself discourages innovation or access to credit. Instead, she argued that effective regulation can create guardrails that protect responsible market participants from competitors willing to cut corners or exploit consumers. The Importance of Multiple Enforcement Mechanisms Another key theme of the discussion was the importance of overlapping enforcement authority. Amelia emphasized the value of allowing state attorneys general to enforce consumer protection laws and argued that Dodd-Frank appropriately preserved state authority by limiting federal preemption in many contexts. She suggested that state regulators are often better positioned to identify emerging harms before they become national problems. Alan acknowledged that state enforcement can play an important role, particularly given the prevalence of arbitration clauses and class action waivers that have limited certain forms of private litigation. At the same time, Alan noted that overlapping federal and state enforcement can create inconsistent standards and compliance uncertainty for financial institutions operating nationwide. This tension between national uniformity and decentralized enforcement remains one of the central unresolved issues in consumer financial regulation. Areas of Agreement Despite their disagreements, there were several areas where Alan and Amelia found substantial common ground. Most notably, they agreed that one of the CFPB's most successful accomplishments has been the creation of its consumer complaint portal. The complaint database has provided consumers with an accessible mechanism for obtaining responses from financial institutions while also generating valuable market-wide data about recurring problems and trends. They also agreed on the growing threat posed by scams and fraud, particularly involving digital payment platforms and other rapidly evolving technologies. Amelia highlighted the enormous financial harm consumers suffer from fraud schemes, while Alan noted the increasing concern among policymakers and researchers regarding scams originating overseas and the need for a coordinated national response. Consumer Protection and Democratic Governance Perhaps the most provocative aspect of Amelia's article is her argument that consumer financial protection serves as a "bellwether" for the health of democracy itself. Amelia contends that strong consumer protection reflects a government responsive to the needs of its constituents, while weakening such protections signals an elevation of other interests over those of ordinary consumers. Alan expressed skepticism about tying consumer financial regulation so directly to democratic legitimacy. In Alan's view, there are also serious democratic concerns raised when an independent agency led by a single director exercises broad policymaking authority without clear congressional authorization. This debate reflects a larger national conversation about the proper role of administrative agencies, the balance between accountability and independence, and the limits of regulatory power. Looking Ahead The future direction of consumer financial protection remains uncertain. The CFPB under Acting Director Russell Vought has moved aggressively to scale back many of the initiatives pursued during the Chopra era, prompting intense debate about the agency's long-term mission and structure. At the same time, emerging technologies, digital payment systems, fraud risks, and evolving financial products will continue to challenge regulators, lawmakers, and industry participants alike. Alan's discussion with Amelia O'Rourke-Owens highlighted the sharp disagreements that exist regarding the CFPB and consumer financial regulation more broadly. But it also underscored the importance of continuing thoughtful and substantive dialogue about these issues as the financial services industry and regulatory landscape continue to evolve. Amelia's article was presented at the Loyola Consumer Law Symposium back in March. The article can be found in the Loyola Consumer Law Review Vol. 38:2. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

4.9
out of 5
47 Ratings

About

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.

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