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Fair Lending Developments Under Trump 2.0 – Part 1

Consumer Finance Monitor

Release Date: 11/13/2025

Fair Lending Developments Under Trump 2.0 – Part 2 show art Fair Lending Developments Under Trump 2.0 – Part 2

Consumer Finance Monitor

Today’s episode marks the second of a two-part series, with Part One having been released on November 13th. In this installment, we continue our conversation on the many changes in fair lending policy and enforcement under the second Trump administration. The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr’s Consumer Financial Services Group, and features these distinguished experts in the field: Bradley Blower, Founder of Inclusive Partners LLC. John Culhane, Jr., Senior Partner and charter member of Ballard...

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Fair Lending Developments Under Trump 2.0 – Part 1 show art Fair Lending Developments Under Trump 2.0 – Part 1

Consumer Finance Monitor

Today’s episode marks the first of a two-part series, with Part Two scheduled for release on November 20th. In this installment, we examine the sweeping changes in fair lending policy and enforcement under the second Trump administration. The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr’s Consumer Financial Services Group, and features these distinguished experts in the field: Bradley Blower, Founder of Inclusive Partners LLC. John Culhane, Jr., Senior Partner and charter member of Ballard Spahr’s fair lending team....

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A New Era for Banking: What President Trump’s Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers – Part 2 show art A New Era for Banking: What President Trump’s Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers – Part 2

Consumer Finance Monitor

Today’s podcast features the second part of a recent webinar produced on September 24, 2025, titled: "A New Era for Banking: What President Trump's Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers." In Part 2, we discuss the following topics: 1.               What are the areas of uncertainty with respect to the Executive Order, including:  ·                 Defining an...

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Consumer Finance Monitor

Today’s podcast features the first part of a recent webinar produced on September 24, 2025, titled: "A New Era for Banking: What President Trump's Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers." In Part 1, we discuss the following topics: 1.     History of Debanking, including: o   Operation Chokepoint: An initiative by federal prudential banking regulators during the Obama administration aimed at discouraging banks supervised by them from providing services to companies engaged in payday...

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Consumer Finance Monitor

Today’s podcast features the second part of a repurposed webinar produced on September 3, 2025, which dives into the legal risks, compliance challenges, and emerging constitutional questions stemming from the GENIUS Act. The conversation examines the strict prohibition of deceptive claims regarding federal backing or insurance for stablecoins, highlighting the significant civil liabilities and penalty provisions attached to violations. Art Wilmarth delves deeply into areas such as federal preemption of state laws, consumer protections, and the power dynamics introduced by big tech and...

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Today’s podcast features the first part of a recent webinar produced on September 3, 2025, which examined the key provisions of the GENIUS Act (“The Guiding and Establishing National Innovation for U.S. Stablecoins Act”) and its regulatory impact on banks, fintechs and the future of stablecoins. The discussion covers critical definitions, licensing, oversight and enforcement requirements, the relationship to state stablecoin laws. Panelists offer insights into the role of federal banking regulators such as the Comptroller of the Currency, the Federal Reserve, and the Financial Stability...

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Consumer Finance Monitor

We are pleased to share a new podcast episode, which was taken from our September 9, 2025, webinar featuring Malini Mithal, Associate Director of the Federal Trade Commission’s Division of Financial Practices. Malini has been a valued guest on our podcast in past years, and this session provided another timely and insightful discussion. In today’s episode she gives her thoughts on the FTC’s recent non-antitrust consumer protection initiatives. Major Key Topics Discussed 1.     Fintech oversight – Malini began with FTC activity involving fintechs, particularly...

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Consumer Finance Monitor

The podcast show we are releasing today is a repurposing of part 2 of a webinar we produced on August 13, 2025, which explored the U.S. Supreme Court’s pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or “universal” injunctions. A universal injunction is one which confers benefits on non-parties to the lawsuit. This case marks a turning point in federal court jurisprudence, with profound implications for equitable relief, national policy, and governance. Our distinguished panel of legal scholars, Suzette Malveaux (Roger D....

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As our regular podcast listeners know, we ordinarily release a new regular podcast show once each week on Thursday. On a very few occasions, we have released a special extra podcast show during the same week. We have only done that when a development occurs which we feel is of extraordinary importance and time sensitive. On September 22, the United States Court of Appeals for the First Circuit issued its unanimous opinion in Conti v. Citizens Bank, N.A. in which it held, in the context of a motion to dismiss a putative class action alleging that the Bank failed to pay interest on mortgage...

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The Supreme Court’s Landmark Ruling on Universal Injunctions in the Birthright Citizenship Cases - Part 1 show art The Supreme Court’s Landmark Ruling on Universal Injunctions in the Birthright Citizenship Cases - Part 1

Consumer Finance Monitor

The podcast show we are releasing today is a repurposing of part 1 of a webinar we produced on August 13, 2025, which explored the U.S. Supreme Court’s pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or “universal” injunctions. A universal injunction is one which confers benefits on non-parties to the lawsuit. This case marks a turning point in federal court jurisprudence, with profound implications for equitable relief, national policy, and governance. Our distinguished panel of legal scholars, Suzette Malveaux (Roger D. Groot...

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More Episodes

Today’s episode marks the first of a two-part series, with Part Two scheduled for release on November 20th. In this installment, we examine the sweeping changes in fair lending policy and enforcement under the second Trump administration.

The discussion is moderated by Alan Kaplinsky, Senior Counsel, founder and former chair for 25 years of Ballard Spahr’s Consumer Financial Services Group, and features these distinguished experts in the field:

  • Bradley Blower, Founder of Inclusive Partners LLC.
  • John Culhane, Jr., Senior Partner and charter member of Ballard Spahr’s fair lending team.
  • Richard Andreano, Jr., Practice Group Leader for Ballard Spahr’s Mortgage Banking Group and the head of Ballard Spahr’s fair lending team.

Listeners will gain essential insights on how federal agencies are scaling back oversight, phasing out the use of statistical disparities and disparate impact theory in fair lending cases. The conversation illuminates how redlining investigations are now driven by clearly expressed intent rather than just the numbers, and why states are stepping in as the federal role diminishes. The episode also tackles potential regulatory changes, the move back to the 1995 Community Reinvestment Act rule, and what these shifts mean for institutions and the communities they serve.

In addition, the hosts unpack high-profile cases like Townstone Financial, diving into the ongoing debate about whether discouraging would-be applicants is covered under the Equal Credit Opportunity Act. They also address the intersection of AI and the economy, examining the Trump administration’s focus on rapid innovation over regulatory restrictions and its implications for consumer protection. With actionable information for professionals in consumer financial services, banking, compliance, and advocacy, this episode keeps you informed on the latest policies shaping fair lending in 2025 and beyond.

We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.