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. 13h ago

    New Institute for Consumer Financial Choice Seeks to Reshape the Consumer Finance Policy Debate

    A newly launched academic institute is seeking to influence the future direction of consumer financial services regulation by promoting a policy framework centered on consumer choice, market competition, empirical research, and innovation. In the podcast we are releasing today on Consumer Finance Monitor, our host Alan Kaplinsky (founder, former chair for 25 years and now senior counsel) interviewed Professors Todd Zywicki of George Mason University Antonin Scalia Law School and Tom Miller of Mississippi State University about their newly created Institute for Consumer Financial Choice (ICFC), its mission, and its ambitious agenda. Key Topics Discussed: ·                 A Different Vision of Consumer Protection: Rather than viewing regulation and deregulation as opposite ends of a policy spectrum, the Institute seeks to identify regulatory approaches that encourage innovation, expand consumer choice, and improve market performance while still protecting consumers from genuine abuses. ·                 Beyond Research: Influencing Policy: The ICFC plans to produce peer-reviewed empirical research, file amicus briefs in important litigation, submit regulatory comment letters, educate students, policymakers, and industry participants, and serve as a resource for legislators and regulators confronting emerging consumer finance issues. ·                 Revisiting the CFPB Task Force Report: One of the Institute's earliest priorities is breathing new life into the CFPB Task Force Report issued in 2021. ·                 Research Priorities: The Institute has already identified an ambitious research agenda that includes evaluating whether the Military Lending Act has improved access to credit for servicemembers, conducting new empirical research on the pawn industry, studying ancillary financial products such as GAP insurance and extended warranties, examining payday lending regulation, investigating rural financial inclusion, exploring stablecoins, cryptocurrency, and digital payments, and assessing how existing regulatory structures can better accommodate technological innovation. ·                 Artificial Intelligence Moves to the Forefront: Professor Zywicki argued that AI presents both enormous opportunities and significant risks for consumer financial services. ·                 Policy Issues Likely to Receive Immediate Attention: Professors Zywicki and Miller identified several policy areas where they believe the Institute can have an immediate impact, including interest rate caps and usury laws, APR disclosures and widespread misunderstanding of APR as a measure of price, payment systems and interchange regulation, federal preemption and the future of dual banking, financial inclusion, stablecoin regulation; and emerging litigation involving consumer financial regulation. The Institute's long-term success will ultimately be measured not by the number of conferences it hosts or papers it publishes, but by whether its research meaningfully influences legislation, regulation, litigation, and public understanding of consumer financial services. Based on the conversation with Professors Zywicki and Miller, they have set ambitious goals and they appear determined to pursue them. 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 23

    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.

  3. Jul 16

    Agentic Commerce Is Coming—Will the Legal System Be Ready?

    Artificial intelligence is rapidly evolving from a tool that assists human decision-making into technology capable of acting independently. The next frontier, often referred to as agentic AI or agentic commerce, envisions AI agents negotiating contracts, making purchases, authorizing payments, and completing commercial transactions with little or no human intervention. While enormous investments are being made to develop this technology, far less attention has been devoted to an equally important question: What legal infrastructure will govern autonomous commercial transactions? That is the focus of our latest episode of the Consumer Finance Monitor podcast being released today.   Our guests are Bridget McCormack, President and CEO of the American Arbitration Association–International Centre for Dispute Resolution (AAA) and former Chief Justice of the Michigan Supreme Court, and David Hoffman, the William A. Schnader Professor of Law at the University of Pennsylvania Carey Law School. They are the authors of the thought-provoking paper, Agentic Commerce Needs Legal Infrastructure—and the Courts Are Coming, which is published here on AAA's website. Key Topics Discussed: What distinguishes "agentic commerce" from today's AI-assisted transactions. Why traditional contract formation concepts, including clickwrap agreements, disclosures, and consent, may become increasingly difficult to apply. How existing agency law principles, including ratification, could bind companies to contracts negotiated by their AI agents. Why autonomous transactions may generate entirely new forms of litigation, including class actions arising from errors replicated across thousands, or even millions, of AI-driven transactions. The challenges of proving what an AI agent actually agreed to and the need for reliable records of contract formation. The growing importance of arbitration and other dispute resolution mechanisms as commerce increasingly moves to automated and, in some cases, irreversible payment systems such as stablecoins. Practical steps companies should consider now before deploying autonomous commercial agents. 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. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

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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.