Consumer Finance Monitor

Ballard Spahr LLP
  • 4.9 (46)
  • BUSINESS NEWS
  • UPDATED WEEKLY

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. 11H AGO

    Debt Sales 101 Mini-Series — Episode 4: The Regulatory Landscape for Debt Sales Today

    In Episode 4 of our Debt Sales 101 mini-series, we focus on the current regulatory landscape governing debt sales and how recent developments are shaping the market. We discuss how oversight has become more fragmented, more active, and increasingly driven by state regulators and attorneys general, and how that shift is affecting both buyers and sellers.    A central theme in this episode is that regulation is no longer a background consideration. It is a primary driver of pricing, deal structure, and buyer participation. We walk through key regulatory themes, including the importance of documentation and chain of title, increased product-specific scrutiny, and the growing focus on consumer outcomes and potential UDAAP risk. Regulators are increasingly looking upstream at sellers and their diligence, documentation, and oversight practices, rather than focusing solely on collectors.    We also discuss how these regulatory developments are affecting the economics of debt sales. Changes at the state level, as well as evolving rules in areas such as medical debt and student loans, have introduced additional compliance complexity and, in some cases, reduced pricing or limited buyer participation. At the same time, emerging product areas continue to evolve as buyers assess regulatory risk and opportunity.  The key takeaway from this episode is that understanding the regulatory environment upfront is critical to executing a successful debt sale. A well-structured process, supported by strong diligence, documentation, and contractual protections, is essential to managing risk and achieving expected value.

    18 min

  2. 4D AGO

    "True Lender" Doctrine Back in the Spotlight: Key Takeaways on OppFi v. Hewlett Tentative California Superior Opinion

    The latest episode of the Consumer Finance Monitor Podcast being released today tackles one of the most consequential developments in bank–fintech litigation in recent years: the Los Angeles Superior Court's tentative decision in Opportunity Financial, LLC v. Hewlett (read more here). This case squarely addresses the long-debated "true lender" doctrine which has for decades bedeviled banks and Fintechs and "bricks and mortar" non-banks that have entered into joint ventures with one another to engage in interstate lending programs which take advantage of interest rate exportation rights afforded to banks. After applying application California and federal law, the Court granted summary judgment to OppFi and against the California Department of Financial Protection and Innovation (DFPI) which unsuccessfully maintained that OppFi is the true lender and not OppFi's partner, FinWise Bank. In this episode, host Alan Kaplinsky, founder and former chair of the Consumer Financial Services Group and now Senior Counsel, is joined by two leading voices with sharply contrasting perspectives: Professor Emeritus Arthur Wilmarth, a prominent critic of bank–fintech partnerships, and Ballard Spahr Senior Counsel Ron Vaske, who regularly advises banks and fintech companies on structuring such programs. Their discussion offers a deep and balanced exploration of the court's reasoning and its broader implications.   A Tentative Decision with Significant Implications At the center of the case is a partnership between OppFi, a fintech platform, and FinWise Bank, a Utah-chartered, FDIC-insured institution. The program allowed FinWise to originate consumer loans at interest rates permissible under Utah law and export those rates nationwide under Section 27 of the Federal Deposit Insurance Act. The DFPI challenged the arrangement, arguing that OppFi—not FinWise—was the "true lender," which would subject the loans to California's 36% interest rate cap. In a tentative ruling, the court rejected the DFPI's position and granted summary judgment in favor of OppFi. The court emphasized traditional indicia of lending authority, including: •           FinWise's role in funding the loans •           Its control over underwriting criteria •           Its retention of a 5% ownership interest •           Its ongoing oversight of compliance and marketing Critically, the court also relied on the longstanding California law principle that usury is determined at the inception of the loan. (See the discussion below.) Because FinWise originated the loans, the court concluded they were not rendered unlawful by OppFi's subsequent purchase of a 95% participation interest giving which gave it a predominant economic interest.   Competing Views on "True Lender" The podcast highlights a fundamental divide in how courts and commentators approach the true lender doctrine. Professor Wilmarth argues that the court failed to meaningfully engage with the "predominant economic interest" test, which focuses on who bears the majority of the economic risk and reward. In his view, OppFi's 95% participation interest suggests that it—not the bank—is the real lender in substance. He also raises broader concerns about whether such arrangements undermine state usury laws and expose consumers to excessively high-cost credit. Ron Vaske, by contrast, emphasizes the legal and structural realities of the transaction. He underscores that FinWise is the named lender, funds the loans, and remains legally responsible to borrowers. From this perspective, the allocation of economic interests after origination should not redefine the identity of the lender or override federal law permitting rate exportation.   The Role of "Valid When Made" Another key related theme explored in the episode is the "valid when made" doctrine—the principle that a loan that is lawful at origination remains lawful after assignment. The court's reliance on this concept reinforces the importance of determining lender status at the moment the loan is made, rather than based on subsequent transfers or participations. The discussion also touches on the interplay between state and federal law, as well as the continuing relevance of regulatory interpretations following the Supreme Court's decision in Loper Bright, which curtailed Chevron deference.   What Comes Next? It is important to note that the court's ruling is still tentative. In accordance with California procedure, OppFi must submit a proposed final opinion and order to the Court. If adopted, an appeal by the DFPI appears likely—potentially setting the stage for further appellate guidance on the true lender doctrine in California and beyond.   Why This Matters This case is part of a broader and ongoing policy debate: ·                 Supporters of bank–fintech partnerships argue they expand access to credit and operate within well-established federal banking frameworks. ·                 Critics contend they can be used to circumvent state consumer protection laws, particularly interest rate caps. As the regulatory and judicial landscape continues to evolve, OppFi v. Hewlett represents a significant—and closely watched—development. It may be significant to note that, unlike several other states, California does not have a statute stating that the holding of a "predominant economic interest" in a loan makes the holder the true lender  Be sure to listen to the full podcast episode for a deeper dive into the case and the competing legal and policy perspectives shaping the future of bank–fintech partnerships. 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.

    1 hr

  3. APR 13

    Debt Sales 101 Mini-Series — Episode 3: Who Buys Debt and How Deals Are Structured

    In Episode 3 of our Debt Sales 101 mini-series, we discuss who buys charged-off debt and how debt sale transactions are typically structured. We explain how different buyers specialize in different asset classes and how buyers evaluate portfolios from legal, regulatory, and commercial perspectives.    From a buyer's perspective, purchasing debt is not just a credit decision. Buyers are underwriting legal and regulatory risk as much as they are underwriting expected recoveries. In this episode, we discuss the key factors buyers consider, including transferability and chain of title, collectability and applicable statutes of limitation, licensing requirements, and the broader regulatory environment that affects how accounts can be collected. These factors often drive pricing and determine whether certain buyers will participate in a particular sale process.    We also discuss how sellers identify the right buyer and why working with well-capitalized and experienced buyers can have a significant impact on execution and pricing. From there, we walk through the primary transaction structures used in the market, including spot sales and forward flow arrangements, and discuss how risk allocation, repricing risk, and portfolio segmentation are addressed in these structures.    The key takeaway from this episode is that debt sales are not one-size-fits-all transactions. The identity of the buyer, the structure of the deal, and the allocation of regulatory and commercial risk all directly affect pricing, execution, and long-term success of a debt sale program. In the next episode, we turn to the regulatory landscape and discuss how recent regulatory developments are shaping the debt sale market.

    14 min

  4. APR 9

    DIDMCA Opt-Outs Resurface: Oregon Legislation and the Colorado Case Could Alter the Landscape for Interstate Lending by State Banks

    In this episode of the Consumer Finance Monitor Podcast, host Alan Kaplinsky is joined by colleagues Pilar French and Burt Rublin to unpack a rapidly evolving issue at the intersection of bank–FinTech partnerships and interstate lending: the renewed exercise of state opt-out authority under Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA). Colorado enacted an opt-out statute in 2023 that is the subject of ongoing litigation before the entire Tenth Circuit Court of Appeals, and very recently the Oregon Legislature passed an opt-out bill as well. The Podcast discussion highlights how a little-used statutory provision is now at the center of a major legal and policy debate—one that could reshape the landscape for state-chartered banks and the broader consumer finance industry. The Foundation: Interest Rate Exportation Under DIDMCA For decades, state-chartered, FDIC-insured banks have relied on Section 27 of the Federal Deposit Insurance Act—enacted through DIDMCA—to "export" interest rates permitted in their home states to borrowers nationwide. This authority mirrors the power granted to national banks under the National Bank Act and has been a cornerstone of interstate lending. However, DIDMCA also includes a lesser-known provision—Section 525—that allows states to opt out of this federal framework for state banks with respect to "loans made in such state." For years, this provision attracted little attention. That is now changing. Oregon's House Bill 4116: A New Wave of Opt-Out Activity Oregon's recently passed House Bill 4116 represents one of the most significant modern uses of the DIDMCA opt-out provision. If signed into law, it would: 1.     Reimpose Oregon's interest rate caps (generally 36%) on certain loans made to Oregon residents; 2.     Apply broadly to consumer finance loans of $50,000 or less; 3.     Expand the definition of where a loan is "made" to include the borrower's location—such as where the consumer resides or enters into the loan agreement. Surprisingly, the law applies to state-chartered banks but excludes credit unions. The legislation appears driven by concerns over high-interest, short-term lending, though testimony suggested that such loans represent only a small portion of the market. Critics argue that the bill oversimplifies complex lending structures—particularly bank–FinTech partnerships—through politically appealing but potentially misleading narratives. The Core Legal Dispute: Where Is a Loan "Made"? At the heart of both the Oregon legislation and ongoing litigation in the Tenth Circuit concerning the Colorado opt-out statute is a fundamental interpretive question: where is a loan "made" for purposes of Section 525 of DIDMCA? 1.     Industry Position: A loan is "made" where the bank is located, because the bank is the entity that extends credit. Therefore, an opt-out by a state only enables it to impose its own usury laws on loans made by its own state banks  and eliminates their ability to charge interest pursuant to Section 27 of the Federal Deposit Insurance Act. 2.     Opt-out State/Consumer Advocate Position: A loan is "made" both where the bank is located and where the borrower resides. This means that an opt-out state can apply its own usury laws to interstate loans made to its citizens by state banks located in other states. This distinction is critical. If the broader interpretation prevails, states that opt out of DIDMCA could effectively regulate interest rates charged by out-of-state banks to their residents—significantly curtailing interstate lending. The Colorado Litigation: A Pivotal Case Colorado's opt-out statute has become the testing ground for this issue, as it raises an issue that all sides agree is one of first impression. 1.     A federal district court sided with industry plaintiffs, granting a preliminary injunction against enforcement of the opt-out statute and holding that only the bank's location determines where a loan is made. 2.     A divided panel of the Tenth Circuit reversed that decision, adopting Colorado's argument that a loan is made in both the borrower's location and where the bank is located. 3.     In a significant and very unusual development, last week the Tenth Circuit granted rehearing en banc, vacating the panel decision and ordering additional briefing for consideration by the entire Court. The case has attracted substantial attention, including numerous amicus briefs on both sides from bank trade associations, consumer organizations, numerous Red and Blue State attorneys general, and federal bank regulators. Federal Bank Regulators Weigh in With Amicus Briefs Supporting Rehearing En Banc Both the FDIC and the Office of the Comptroller of the Currency have criticized the broader interpretation of DIDMCA's opt-out provision adopted in the now-vacated majority panel opinion by the Tenth Circuit. 1.     The FDIC originally supported Colorado during the Biden Administration but then shifted its support to the banks' position during the second Trump Administration and filed an amicus brief that supported rehearing en banc and aligned with the industry view. 2.     The OCC emphasized that the panel decision could undermine the goal of Section 521 of DIDMCA to create parity between state and national banks and would undermine the dual banking system and introduce significant uncertainty into the lending market. These positions underscore the potential systemic impact of the case. Practical Implications for State Banks Engaged in Interstate Lending As a result of the enactment of the Oregon law and if additional states enact similar legislation, out-of-state banks lending to residents of a state which has enacted an opt-out statute may face difficult choices: 1.     Comply with state-specific rate caps; 2.     Exit certain markets altogether; 3.     File a declaratory judgment action seeking injunctive relief against the state agency charged with enforcing the opt-out statute based on Federal preemption of such statute under Section 27 of the Federal Deposit Insurance Act. The uncertainty extends beyond origination. Secondary market participants may face increased due diligence burdens, as determining where a loan is "made" becomes more complex—especially in an era of digital lending and mobile consumers. Broader Industry Impact The implications could be far-reaching: 1.     Reduced interstate lending by state-chartered banks; 2.     Migration to national bank charters to preserve rate exportation authority; 3.     Fragmentation of the regulatory landscape, with a patchwork of state rules; 4.     Increased compliance complexity for bank–FinTech partnerships and loan purchasers. In short, the dual banking system could face renewed pressure if state-chartered banks cannot export their home state interest rates when making interstate loans to borrowers in opt-out states, which would deprive them of competitive parity with national banks. What Comes Next? Several developments will be critical to watch: 1.     The outcome of the Tenth Circuit's en banc review; 2.     Whether additional states follow Oregon's lead; 3.     The potential for U.S. Supreme Court review; 4.     Federal legislative proposals that could eliminate the opt-out provision altogether (though prospects for passage appear uncertain). Key Takeaways 1.     The DIDMCA opt-out provision, long dormant, is reemerging as a potential tool for states to regulate interest rates charged to their citizens by out-of-state state banks. 2.     The determination of where a loan is "made" for purposes of Section 525 of DIDMCA is now a central legal battleground. 3.     The forthcoming Tenth Circuit en banc decision will set an important precedent with nationwide implications. 4.     A growing patchwork of state laws could significantly complicate interstate lending. 5.     The future of bank–FinTech partnerships and the dual banking system may hinge on how these issues are resolved. As these developments continue to unfold, financial institutions, regulators, and policymakers alike will need to navigate an increasingly complex and uncertain legal environment—one that may redefine the rules of interstate lending in the United States.

    1h 2m

  5. APR 6

    Debt Sales 101 Mini-Series — Episode 2: What Can Be Sold? Understanding Eligible Debt and Portfolio Composition

    In Episode 2 of our Debt Sales 101 mini-series, we move from the "why" behind debt sales to the "what." Specifically, we discuss what types of debt can be sold, how portfolios are typically composed, and the legal and regulatory considerations that determine whether debt is appropriate for sale.   Not all debt is equally marketable, and not all accounts within a portfolio carry the same legal, regulatory, or operational risk. In this episode, we discuss the types of consumer and small business debt that are commonly sold, the types of specialty accounts that buyers may still be willing to purchase, and the categories of accounts that often raise diligence concerns, including accounts involving fraud, deceased consumers, pending legal matters, or other issues that can affect collectability or compliance.   We also discuss how buyers evaluate portfolios from both a business and regulatory perspective, including the importance of documentation, data quality, servicing history, and chain of title. Buyers are not just underwriting credit risk. They are underwriting legal and regulatory risk, and that evaluation directly affects pricing, deal structure, and whether certain accounts can be included in a sale at all.   A key theme in this episode is that portfolio composition is not just a business issue. It is a compliance and risk management issue as well. The types of accounts included in a sale, how those accounts were serviced prior to sale, and the documentation that supports them all play a significant role in determining how a portfolio is valued and how a transaction is structured.   This episode builds on the foundation from Episode 1 and sets up the next stage of the process. In Episode 3, we discuss who buys debt and how debt sale transactions are typically structured, including spot sales, forward flow arrangements, and how risk allocation and pricing are negotiated in those structures.

    16 min

  6. APR 2

    A Deep Dive on BNPL Regulation and Other "Hot" Topics with Max Dubin of the New York DFS

    We're pleased to announce that our latest episode of the Consumer Finance Monitor Podcast is now live and it's one you won't want to miss. In this episode, our host Alan Kaplinsky, founder, Chair for 25 years, and now Senior Counsel of our Consumer Financial Services Group, is joined by Max Dubin, Chief of Staff to the Acting Superintendent of Banking at the New York Department of Financial Services (DFS). As a senior leader at one of the most influential state financial regulators in the country, Max offers a rare and insightful look into how DFS is approaching some of the most important issues facing the consumer financial services industry today. A central focus of the conversation is the Department's proposed framework for regulating the rapidly evolving "buy-now, pay-later" (BNPL) market (read more about BNPL on our Consumer Finance Monitor blog here.) Max provides valuable context on what DFS is aiming to accomplish and how it is thinking about balancing innovation with consumer protection. Among other points, he explains that the DFS is seeking to craft a regulatory approach that reflects how BNPL products actually function in today's marketplace, while also ensuring that consumers receive clear disclosures and are adequately protected from potential risks. We also cover a wide range of additional "hot" topics at DFS, including DFS regulatory, supervisory and enforcement priorities, emerging consumer protection concerns, the DFS' approach to fintech innovation and partnerships, crypto licensure and regulation, New York Governor Hochul's budget priorities, which includes reforms of the insurance industry to make it more affordable, coordination with other state and federal regulators, and what industry participants should expect from DFS in the months ahead. This episode offers practical insights for banks, nonbanks, fintech companies, and their counsel, particularly those focused on compliance, product development, and regulatory strategy. Max's candid and thoughtful perspectives provide a valuable window into the thinking of DFS at a time when state-level regulation is playing an increasingly prominent role. We hope you enjoy the conversation.  This is the second of our 3-part series focused on agencies in New York City and State which have a major impact on banks and non-banks who do business with New York City and State residents. On February 12, we released a podcast show, hosted by Alan Kaplinsky, featuring Jane Azia, Chief of the Bureau of Consumer Frauds and Protection and Alec Webley, Assistant Attorney General of the New York Attorney General's Office. Among other things, Jane and Alec discussed the New York FAIR Business Practices Act which expanded the scope of New York's consumer protection law to cover unfair and abusive acts and practices as well as deceptive acts and practices. Very soon, we will be releasing Part 3 of the series which will be a conversation between Alan and Commissioner Sam Levine, the head of the New York City Department of Consumer and Worker Protection.   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.

    1h 4m

  7. MAR 30

    Debt Sales 101 Mini-Series — Episode 1: How Debt Sales Work and Why Companies Use Them

    We are pleased to release Episode 1 of our new podcast mini-series, Debt Sales 101. In this first episode, we start with the fundamentals and discuss what a debt sale is, how these transactions are structured, and why companies choose to sell debt. Debt sales are often discussed in simple terms, but in practice they sit at the intersection of business strategy, legal structure, and regulatory compliance. In this episode, we explain that a debt sale is fundamentally the sale of charged-off accounts where the seller transfers title and the right to collect to a debt buyer in exchange for an upfront payment. This is different from placing accounts with a collection agency or outsourcing collections. In a true debt sale, ownership of the account is transferred, and that distinction has important legal and operational consequences. We also discuss several of the primary reasons companies sell debt. First, a debt sale allows a company to accelerate revenue and recognize recoveries immediately rather than over many years through traditional recovery strategies. Second, a debt sale generates immediate cash flow that companies can reinvest into their business. Third, for many companies, a debt sale is operationally simpler than building and maintaining an in-house recovery strategy or managing a large agency and legal network. Finally, in some cases, debt sales are used as a tool to exit a line of business in an orderly and efficient way. From a legal perspective, we also introduce several concepts that are critical to a successful debt sale, including chain of title, documentation, data integrity, and the purchase and sale agreement. Buyers need to be able to trace ownership of the account, verify the underlying documentation, and rely on accurate data in order to collect on the accounts they purchase. These legal and documentation issues often determine whether a debt sale is successful and how a portfolio will be priced. One of the key themes of this episode, and the series as a whole, is that debt sales are fundamentally a business decision, but one that lives or dies on legal execution and regulatory compliance. Companies that prepare properly, maintain strong documentation and data, and structure transactions carefully are far more likely to execute successful debt sale programs. In our next episode, we will build on this foundation and discuss what types of debt can be sold, how portfolios are typically structured, and where the legal and practical boundaries begin to matter.

    17 min

  8. MAR 26

    Residential Solar Finance Under Intensifying Scrutiny: Key Regulatory and Litigation Trends

    In today's episode of the Consumer Finance Monitor Podcast Show, our host, Ballard Spahr's Alan Kaplinsky, was joined by colleagues Steven Burt and Melanie Vartabedian to explore a rapidly evolving and increasingly complex area of consumer financial services: residential solar finance. Building on prior discussions of the broader solar finance landscape, this episode zeroes in on the regulatory and litigation developments that are reshaping the residential solar market in real time. The discussion highlights how an industry that experienced explosive growth over the past decade is now facing heightened scrutiny from regulators, enforcement agencies, and private litigants alike. From Rapid Growth to Market Headwinds As Steven explained, the residential solar industry expanded dramatically between 2015 and 2022, driven by: Federal and state tax incentives Declining equipment costs Innovative financing models Aggressive direct-to-consumer sales strategies Growth peaked around 2023, but the market began to slow in 2024 and beyond due to several converging factors: Changes to net energy metering policies (particularly in California) Rising interest rates impacting financing affordability Supply chain constraints Increased emphasis on battery storage solutions Federal policy shifts, including reduced support for renewable energy and changes to tax credits These developments have forced industry participants to adapt quickly—often while still operating under legacy business models that are now attracting scrutiny. A Surge in Government Investigations and Enforcement One of the most significant themes discussed in the podcast is the sharp rise in government scrutiny. State attorneys general and consumer protection agencies across the country have launched investigations and enforcement actions targeting: Direct-to-consumer sales practices Marketing representations about energy savings and tax benefits Long-term financing structures, particularly loan-related fees A notable inflection point came in 2024, when the Consumer Financial Protection Bureau (CFPB) issued a spotlight on solar financing, identifying risks such as: Alleged "hidden" dealer or platform fees Misleading claims regarding tax credits Misrepresentations about system performance and savings Since then, enforcement activity has expanded across numerous states, with additional investigations ongoing. Notably, even local regulators—such as New York City's Department of Consumer and Worker Protection—have begun to assert jurisdiction, signaling a broader and more aggressive enforcement landscape. Private Litigation: Class Actions and the "Dealer Fee" Controversy Parallel to government activity, private litigation has surged. Melanie Vartabedian highlighted two major waves of litigation: 1. Earlier Cases: Sales Practices Initial lawsuits focused on: Unauthorized credit checks (FCRA claims) High-pressure or deceptive sales tactics Misrepresentations about tax savings and energy production 2. Current Wave: Financing Structures More recent cases center on dealer fees (also called platform or financing fees), with plaintiffs alleging that: ·        These fees are effectively hidden finance charges ·        They should be disclosed under the Truth in Lending Act (TILA) Courts in Minnesota have allowed these claims to proceed past motions to dismiss, rejecting arguments—at least at the early stage—that such fees are merely "seller's points" exempt from disclosure. While these rulings are preliminary, they have: ·        Opened the door to costly discovery ·        Encouraged additional class actions and enforcement cases ·        Created significant uncertainty regarding how courts will ultimately resolve the issue The Expanding Role of the FTC Holder Rule Another important litigation risk involves the FTC Holder Rule, which allows consumers to assert claims against loan holders that they could assert against installers. This creates potential exposure for: ·        Lenders ·        Secondary market participants ·        Securitization investors Although liability is generally capped at the amount of the loan, the rule can still create substantial risk, especially where plaintiffs seek rescission of contracts. Practical Guidance for Industry Participants The speakers emphasized that companies operating in the residential solar space must take proactive steps to manage risk. Key recommendations include: 1. Strengthen Compliance and Oversight Conduct comprehensive reviews of sales and marketing practices Ensure clear, accurate, and compliant disclosures Align legal and compliance teams with customer service functions to identify emerging issues early 2. Enhance Dealer and Partner Management Perform rigorous upfront diligence on third-party installers and sales organizations Implement ongoing monitoring and auditing Act quickly to address complaints or misconduct 3. Improve Transactional Transparency Reassess how pricing and fees—particularly dealer fees—are structured and disclosed Evaluate potential exposure under TILA and state consumer protection laws 4. Conduct Portfolio-Level Risk Assessments Carefully diligence solar loan portfolios prior to acquisition Consider litigation and regulatory risks embedded in originated assets 5. Stay Ahead of Policy and Enforcement Trends Monitor federal, state, and local regulatory developments Engage with industry groups and legal advisors Anticipate—not react to—regulatory changes What Lies Ahead: The Next 18–24 Months Looking forward, the panelists expect: Continued and expanding enforcement activity, particularly at the state level More class actions and private litigation, fueled by early court rulings Greater clarity regarding dealer fee treatment, as courts begin to rule on the merits Increased scrutiny of sales practices, especially those involving third-party dealers Importantly, the regulatory and litigation environment is unlikely to ease in the near term. Instead, companies should expect more investigations converting into enforcement actions and greater coordination among regulators. Key Takeaways As Alan Kaplinsky summarized, the message for industry participants is clear: ·        The residential solar market is entering a more challenging and regulated phase ·        Government scrutiny and private litigation are rising in tandem ·        Compliance, transparency, and oversight are no longer optional, they are essential Companies that proactively adapt to this new environment will be far better positioned than those that wait to respond under the pressure of an investigation or lawsuit. 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.

    45 min
See All (100)

4.9
out of 5
46 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.

Information

  • Creator
    Ballard Spahr LLP
  • Years Active
    2018 - 2026
  • Episodes
    100
  • Rating
    Clean
  • Copyright
    ©2022 Ballard Spahr LLP
  • Show Website
    Consumer Finance Monitor

You Might Also Like