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. 4d ago

    The Foreclosure Comeback: Residential and Commercial Risks for Lenders and Servicers

    In this episode of The Consumer Finance Podcast, host Chris Willis is joined by partners Erin Edwards, Jason Manning, and Joe DeFazio, along with special guest Matt Brooks, a partner in Troutman Pepper Locke's Bankruptcy + Restructuring practice, to talk about the resurgence of both residential and commercial foreclosures in 2026 and what it means for financial services companies. Erin kicks things off by addressing why foreclosure activity is concentrating in Rust Belt and Mid-Atlantic markets like Dayton, Pittsburgh, Baltimore, and Philadelphia. She also covers the compliance challenges of servicing across states with widely divergent procedural regimes and the looming "FHA forbearance cliff," expected to drive a surge in short sales through 2026 and 2027. Jason then walks through the private litigation risks rising alongside foreclosure volume, including anti-dual-tracking violations, single point of contact failures, and successor in interest missteps, then explains how reduced federal enforcement has shifted regulatory risk toward active state attorneys general and plaintiffs' counsel. On the commercial side, Matt details how workout dynamics differ by lender type, be it commercial banks, private credit, or CMBS servicers, against a backdrop of a multitrillion-dollar apartment loan maturity wave, rising CMBS delinquencies, and increasing bankruptcy filings, then discusses when "bad boy guarantee" carve-outs are actually getting triggered in this cycle. Joe closes by connecting the residential and commercial threads, explaining how overlapping foreclosure activity strains court systems, depresses property values, activates municipal ordinances, and creates reputational risk, and he offers practical preparation steps for lenders and servicers on both sides of the business. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  2. Oct 8

    Inside California's BCSA: Rohit Chopra's Expanding Role in Consumer Protection

    In this special crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis, Stefanie Jackman, and Mike Yaghi discuss California Governor Gavin Newsom's appointment of former CFPB Director Rohit Chopra to lead the state's newly created Business and Consumer Services Agency (BCSA). The group discusses Chopra's oversight of the Department of Financial Protection and Innovation (DFPI), his broad authority alongside the California attorney general, and what his track record of aggressive, systemic enforcement at the CFPB and FTC might mean for California's consumer financial services industry going forward. They also get into DFPI's wide-reaching supervisory and enforcement powers, what companies should be doing to get ready, and whether this move sets Chopra up for a bigger Cabinet-level role down the road in a future Democratic administration. The episode wraps up with a bigger-picture look at whether federal regulators could swing hard back toward consumer protection enforcement under a future Democratic president. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  3. Oct 1

    Mass Arbitration Unpacked: Provider Rules, Court Decisions, and the Rise of AI

    In this episode of The Consumer Finance Podcast, host Chris Willis is joined by litigation partners Massie Cooper and Kalama Lui-Kwan to unpack the rapidly evolving world of mass arbitration and the recent developments reshaping how these disputes are filed, administered, and resolved. Massie and Kalama trace mass arbitration's origins as a response to class action waivers, then break down how the major alternative dispute resolution providers have restructured their procedures to handle massive claimant volumes, from process arbitrators and sworn attestations to flat fees and global mediation options. They also walk through a fast-moving line of appellate decisions that are defining who decides fee disputes, when courts can compel arbitration to continue, and how far providers can go in consolidating claims. The conversation also turns to artificial intelligence's (AI) growing role on both sides of the table, from claimant-side tools that manage rosters and flag anomalies to provider-side AI standards and AI-assisted arbitration procedures, and the due process and verification questions that come with it. Massie and Kalama close with practical takeaways for companies, including periodically reviewing arbitration agreements, confirming provider registration requirements, and building AI verification protocols into their compliance programs. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  4. Sep 24

    When Insurance Law Meets Consumer Finance: Navigating Embedded Insurance Products

    In this episode of The Consumer Finance Podcast, host Chris Willis is joined by insurance regulatory and transactions partners Brian Casey and John Emmanuel to introduce Troutman Pepper Locke's insurance regulatory practice and explore where insurance law and consumer finance regulation intersect. Brian and John walk through the growing world of "embedded insurance," where insurance or insurance-like products (from credit life and gap waivers to service contracts and fixed indemnity health insurance policies) are bundled into noninsurance transactions like auto financing or credit cards, with creditors who usually lack the same familiarity with insurance laws that they have with consumer financial protection laws. Brian and John discuss the key compliance issues that arise in these arrangements, including unfair trade practices and anti-rebating and inducements restrictions, commission-sharing limits for unlicensed entities, proper attribution of insurance sales to state insurance department licensed parties, Gramm-Leach-Bliley privacy obligations, and the disclosure requirements tied to insurance transactions. Brian and John also share real-world examples from their practice, including structuring compliant sales incentives for embedded auto-related products and navigating the multistate complexities of group property and casualty and fixed indemnity insurance products in credit transactions. The episode underscores how the 2025 merger of Locke Lord and Troutman Pepper expanded the firm's consumer financial services capabilities to include comprehensive, 50-state insurance regulatory experience. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  5. Sep 17

    Point-of-Sale Finance Series: Litigation Trends — FCRA, TILA, and the Checkout Script as Your First Line of Defense

    In this episode of the "Point-of-Sale Finance" series, Jason Cover is joined by colleagues Erin Edwards and Simon Fleischmann from Troutman Pepper Locke's Consumer Financial Services practice to shift the lens from regulatory compliance to litigation risk. The conversation broadens the frame beyond Buy Now, Pay Later (BNPL) to the full point-of-sale credit ecosystem (Pay in 4 products, embedded installment loans, retail installment sales contracts, and private label retail cards), explaining why litigation risk turns less on how a product is marketed and more on what the consumer saw, what they were told, and what happened when something went wrong after checkout. The episode traces the impact of the Consumer Financial Protection Bureau's 2024 BNPL interpretive rule and its May 2025 withdrawal, making clear that regulatory retreat does not reduce exposure. Instead, it shifts the battleground to state statutes, private plaintiffs, and existing federal law. Simon and Erin then dig into Fair Credit Reporting Act (FCRA) litigation on both ends: the front-end permissible purpose question when a credit report is pulled at checkout, and the back-end furnishing duties triggered when payments, refunds, and disputes are reported to credit bureaus. The discussion also covers the surge in pro se litigation, autopay and fee theories emerging as class actions under Truth in Lending Act (TILA) and Electronic Fund Transfer Act (EFTA), and the merchant-side risks around refund flows and dispute handoffs. The episode closes with a practical triage framework for managing point-of-sale litigation risk, including how to audit checkout scripts, preserve authorization and disclosure records, and structure merchant contracts to reflect operational reality — so that when a dispute arises, the evidence file is already built. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  6. Sep 10

    Colorado's ADMT Act Proposed Regulations: Unpacking the Confusion and Compliance Challenges for Financial Services

    In this episode of The Consumer Finance Podcast, host Chris Willis is joined by colleague Kim Phan to break down the proposed regulations recently released by the Colorado attorney general (AG) under the Automated Decision-Making Technology (ADMT) Act, Colorado's newly amended AI statute, and explain why the financial services industry needs to engage before these rules are finalized. Chris and Kim walk through several provisions that diverge sharply from what industry had hoped for after the statute's May 2026 rewrite, including a narrow definition of "financial or lending service" that leaves debt collection and insurance in uncertain territory and a meaningful human review requirement that effectively demands full judgmental re-underwriting of automated credit decisions. The hosts also highlight consumer rights provisions that would require disclosure of every data input and score used in an ADMT decision, thus creating significant trade secret exposure and fraud risk with little identifiable consumer benefit. The episode closes with the rulemaking timeline: public comments are due October 5, a hearing is scheduled for October 26, and the AG must finalize rules by January 1, 2027. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  7. Sep 3

    The FTC Caught Up: What You Need to Know About Its Latest Disparate Impact Statement

    In this crossover edition of The Consumer Finance Podcast and Moving the Metal: The Auto Finance Podcast, hosts Chris Willis, Brooke Conkle, and Chris Capurso break down the FTC's policy statement abandoning disparate impact enforcement under the Equal Credit Opportunity Act and Section 5 of the FTC Act. The group traces the reversal to two key drivers — a reassessment of the FTC's statutory authority and President Trump's executive order directing agencies to deprioritize disparate impact liability — while placing the move in the broader context of similar rollbacks at the CFPB and federal banking regulators. They also examine what remaining exposure looks like at the state level, particularly in New York and New Jersey, and close with a clear message for compliance officers: fair lending is far from dead, the current federal retreat is best understood as a vacation rather than a permanent reprieve, and paying close attention to regulatory signals now can be a meaningful competitive advantage down the road. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

  8. Aug 27

    Are Text Messages Calls? Seventh Circuit's Steidinger Decision Reshapes TCPA Litigation Landscape

    In this episode of The Consumer Finance Podcast, host Chris Willis is joined by colleagues Stefanie Jackman and Brian Hays to discuss the Seventh Circuit's landmark July 2026 ruling in Steidinger v. Blackstone Medical Services, a unanimous decision holding that text messages do not qualify as "telephone calls" under § 227(c)(5) of the Telephone Consumer Protection Act (TCPA), eliminating a private right of action for National Do Not Call Registry violations based solely on text message communications. The trio unpacks the court's textualist reasoning, which anchored the definition of "telephone call" to the plain meaning of the term at the time of the TCPA's 1991 enactment — when a telephone was understood as an instrument for reproducing sounds at a distance, and the first text message had not yet been sent. They also examine how Steidinger relates to the Ninth Circuit's earlier decision in Howard, which reached the opposite conclusion under a different TCPA subsection, and whether a genuine circuit split now exists that the Supreme Court will be compelled to resolve. The conversation then turns to practical implications for litigators and compliance teams. Brian walks through how defense counsel should be leveraging Steidinger in pending cases within and outside the Seventh Circuit, what to expect from plaintiffs pivoting to state telemarketing statutes and state attorney general enforcement actions, and how class definitions are likely to shift. Stefanie delivers a clear compliance message: Steidinger is not a green light to abandon text message compliance controls. Section 227(b) liability, FCC enforcement authority, and a growing patchwork of state laws remain fully intact, and consent remains the most important risk management tool available. The episode closes with broader context on how Steidinger fits into the post-Loper Bright and post-McLaughlin era of TCPA jurisprudence, in which courts are increasingly willing to reject long-standing FCC interpretations and reexamine foundational assumptions about the statute's scope. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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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.

Information

  • Creator
    Chris Willis, Troutman Pepper Locke
  • Years Active
    2022 - 2026
  • Episodes
    229
  • Rating
    Clean
  • Copyright
    © 2022-2026 Troutman Pepper Locke LLP. All Rights Reserved.
  • Show Website
    The Consumer Finance Podcast

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