Fair Lending Developments Under Trump 2.0 – Part 2
Release Date: 11/20/2025
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
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
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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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 1
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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The GENIUS Act and the Future of Stablecoins: What Banks and Fintechs Need to Know - Part 2
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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The GENIUS Act and the Future of Stablecoins: What Banks and Fintechs Need to Know - Part 1
Consumer Finance Monitor
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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Recent Consumer Financial Services Developments at the Federal Trade Commission
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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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 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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First Circuit Rules National Bank Act Does Not Preempt Rhode Island State Law: Is There Still Any Advantage to Having A National Bank Charter?
Consumer Finance Monitor
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
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...
info_outlineToday’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 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.
In this week’s episode our expert panel unpacks the fast-changing landscape of fair lending in consumer finance. With candid discussion from leading attorneys and industry insiders, we cover how federal policy swings, especially between recent administrations, have left lenders and businesses searching for direction on compliance, risk management, and best practices.
Hear insights on the evolving standards for disparate impact claims, the high stakes of Supreme Court challenges, and how regulatory shifts are changing the rules of the road for everyone. Learn why the future of lending is increasingly tied to artificial intelligence, what it means for fairness and oversight, and why receiving clear guidance is more vital than ever.
Our hosts tackle the challenges posed by executive orders on ‘de-banking’ and fair access, ongoing delays and debates surrounding the small business lending data rule, and the persistent struggle to address appraisal bias. Find out how states are stepping up where federal agencies may leave gaps and get practical advice for keeping your compliance management systems strong in uncertain times, particularly in view of how a future Presidential Administration may seek to reverse Trump Administration initiatives.
We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.