The Consumer Finance Podcast

Chris Willis, Troutman Pepper Locke

The Consumer Finance Podcast provides reliable, insightful, and entertaining industry-specific content central to consumer finance services. Hosted by veteran Troutman Pepper Locke CFS Partner Chris Willis, this podcast features industry experts, insiders, and other Troutman Pepper Locke attorneys delivering easily digestible segments on a variety of topics.

  1. 15h ago

    MLA and SCRA 103: Beyond Pricing — Non-Rate Protections, Enforcement Pitfalls, and Servicing Considerations

    In this third installment of the special series on servicemember protections, Chris Willis is joined by colleagues Taylor Gess and Jeremy Sairsingh to explore the non-pricing protections under the Military Lending Act (MLA) and the Servicemembers Civil Relief Act (SCRA). The discussion covers the MLA's disclosure and delivery requirements, including the written and oral disclosure obligations that must be satisfied before or at the time credit is extended, and the practical approaches financial institutions use to meet the oral disclosure requirement. The team then turns to the SCRA's broad non-rate protections, walking through litigation protections, collateral protections governing repossessions and foreclosures, and mobility protections that allow servicemembers to terminate residential and auto leases and certain consumer service contracts upon qualifying orders, including the distinction between pre-service and in-service lease terminations and the ongoing DOJ enforcement activity in this space. The episode also covers the MLA's prohibition on mandatory arbitration clauses and anti-waiver requirements, the SCRA's specific form and timing requirements for valid waivers of servicemember rights, and the MLA's payment and contract term restrictions, including prohibitions on military allotments, prepayment penalties, and remotely created checks. The conversation closes with a discussion of the SCRA's anti-retaliation provision and why the prohibition on adverse treatment following a servicemember's invocation of SCRA rights has important implications for credit reporting, account servicing, and system design. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

    23 min
  2. Jun 25

    MLA and SCRA 102: Pricing Constraints and the Complexity of Interest Cap Compliance — Servicemember Protections Explained

    In this second installment of the special series on servicemember protections, Chris Willis is joined again by colleagues Taylor Gess and Jeremy Sairsingh to explore how the Military Lending Act (MLA) and the Servicemembers Civil Relief Act (SCRA) impose pricing restrictions that are far more complex than a standard state usury cap, and why that complexity must be accounted for at the product design stage. The discussion dives into the practical complexity of each statute's unique definition of interest. The team breaks down how the SCRA's 6% cap applies to pre-service obligations, which fees count toward that cap, and how the requirement to retroactively reduce and forgive, not defer, interest creates significant system-of-record challenges. They also explain how the MLA's Military Annual Percentage Rate (MAPR) differs from a traditional Truth in Lending Act/Regulation Z Annual Percentage Rate, what charges must be included in the MAPR calculation, and how the bona fide fee exception for CARD Act credit cards works in practice. The episode closes with a discussion of the SCRA's often-overlooked anti-acceleration provision and the regulatory expectation that servicemembers be given the option of a cash refund for forgiven interest rather than automatic principal reduction. Stay tuned for Part 3, which will cover non-pricing protections under these statutes. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

    16 min

Ratings & Reviews

5
out of 5
9 Ratings

About

The Consumer Finance Podcast provides reliable, insightful, and entertaining industry-specific content central to consumer finance services. Hosted by veteran Troutman Pepper Locke CFS Partner Chris Willis, this podcast features industry experts, insiders, and other Troutman Pepper Locke attorneys delivering easily digestible segments on a variety of topics.

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