loader from loading.io

The CFPB’s Most Ambitious Regulatory Agenda Ever – Part 2

Consumer Finance Monitor

Release Date: 12/23/2025

CFPB Finalizes Sweeping ECOA Rule Changes: What Lenders Need to Know About Disparate Impact, Discouragement, and SPCPs show art CFPB Finalizes Sweeping ECOA Rule Changes: What Lenders Need to Know About Disparate Impact, Discouragement, and SPCPs

Consumer Finance Monitor

Today’s episode of the Consumer Finance Monitor Podcast features a wide-ranging and timely discussion about one of the most consequential fair lending developments in years: the CFPB’s final rule fundamentally reshaping enforcement under the Equal Credit Opportunity Act (ECOA) and Regulation B. Hosted by Alan Kaplinsky (the Founder, Chair for 25 years and now Senior Counsel of the Consumer Financial Services Group at Ballard Spahr, LLP), the episode brings together an exceptional panel of fair lending authorities: our special guest Bradley Blower (the Principal and Founder of...

info_outline
White House Executive Order on Scams and Fraud Takes Center Stage show art White House Executive Order on Scams and Fraud Takes Center Stage

Consumer Finance Monitor

Today, we released a new episode of the award-winning Consumer Finance Monitor Podcast examining one of the most significant recent federal developments in the fight against scams and fraud: . Hosted by Alan Kaplinsky (the founder, chair for 25 years and now Senior Counsel in the Consumer Financial Services Group), the episode features returning guests Kate Griffin and Nick Bourke of the Aspen Institute, who previously joined the podcast to discuss Aspen’s landmark report, .   Why This Episode Matters Scams and fraud continue to impose staggering losses on American households,...

info_outline
Debt Sales 101 Mini-Series — Episode 6: After the Close: Compliance, Oversight, and Ongoing Risk show art Debt Sales 101 Mini-Series — Episode 6: After the Close: Compliance, Oversight, and Ongoing Risk

Consumer Finance Monitor

In the final episode of our Debt Sales 101 mini-series, we focus on what happens after a debt sale closes and how sellers manage ongoing compliance, oversight, and risk. We discuss how regulators view debt sales as a managed activity rather than a clean exit and what that means for post-sale responsibilities.    From a regulatory perspective, sellers are expected to maintain reasonable oversight of buyers, particularly where consumer harm could arise. We discuss key post-close considerations, including monitoring complaints, credit bureau disputes, litigation trends, and regulatory...

info_outline
The White House AI Framework: Ambition, Preemption, and Uncertainty Ahead show art The White House AI Framework: Ambition, Preemption, and Uncertainty Ahead

Consumer Finance Monitor

In the episode of Consumer Finance Monitor Podcast being released today, we explore the White House’s National Policy Framework for Artificial Intelligence published on March 20, 2026. This new framework represents the Administration’s most concrete attempt yet to shape the future of AI governance in the United States. While it does not carry the force of law, it offers a revealing look at the policy direction the Administration hopes Congress will take. Joining our host, Alan Kaplinsky (founder, chair for 25 years and now Senior Counsel of the Consumer Financial Services Group), for this...

info_outline
Debt Sales 101 Mini-Series — Episode 5: Closing the Deal: Key Contracting and Transaction Issues show art Debt Sales 101 Mini-Series — Episode 5: Closing the Deal: Key Contracting and Transaction Issues

Consumer Finance Monitor

In Episode 5 of our Debt Sales 101 mini-series, we turn to contracting and closing, where legal structure, regulatory expectations, and commercial terms come together to define the transaction. We discuss the key provisions in a debt purchase and sale agreement and how those provisions allocate risk between buyers and sellers.    From a regulatory perspective, the contract is more than a commercial document. It is also an artifact that regulators expect to review. We explain how representations and warranties, indemnification provisions, buyback mechanics, and audit rights are used...

info_outline
NYC DCWP at the Forefront of Consumer Protection: A Conversation with Commissioner Sam Levine show art NYC DCWP at the Forefront of Consumer Protection: A Conversation with Commissioner Sam Levine

Consumer Finance Monitor

In this episode of the Consumer Finance Monitor Podcast, host Alan Kaplinsky (founder, former chair for 25 years and now Senior Counsel) had the pleasure of speaking with Sam Levine, Commissioner of the New York City Department of Consumer and Worker Protection (DCWP), about the agency’s evolving role as one of the most active local consumer protection regulators in the country. Important note: This podcast was recorded prior to DCWP’s April 8, 2026 release of its proposed “click-to-cancel” rule addressing subscription practices. Alan recorded a description of the proposed rule which...

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

Consumer Finance Monitor

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...

info_outline
“True Lender” Doctrine Back in the Spotlight: Key Takeaways on OppFi v. Hewlett Tentative California Superior Opinion show art “True Lender” Doctrine Back in the Spotlight: Key Takeaways on OppFi v. Hewlett Tentative California Superior Opinion

Consumer Finance Monitor

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 ). 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...

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

Consumer Finance Monitor

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...

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

Consumer Finance Monitor

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...

info_outline
 
More Episodes

Today’s episode features Part 2 of our November 4 webinar, “The CFPB’s Most Ambitious Regulatory Agenda Ever.”  (Part 1 of this series was released on December 18. We encourage you to listen to that episode as well). In Part 2, we continue to unpack the far-reaching implications of the Consumer Financial Protection Bureau’s (CFPB) regulatory ambitions. The CFPB has published a sweeping agenda that promises to reshape the landscape for consumer financial services, and our panel of seasoned attorneys offers vital context and actionable insights for industry professionals, regulators, and informed consumers alike. 

 Key Topics Discussed: 

·        CFPB’s Pre-Rule and Long-Term Actions - What’s on the regulatory horizon, including advance notices and rulemaking targets that could reshape consumer finance.

·        Clarifying “Unfair, Deceptive, and Abusive” Practices - Will the CFPB issue new rules or guidance to define these critical terms? The panel reviews statutory definitions and industry implications.

·        Identity Theft and Coerced Debt Regulation - Proposed amendments to Regulation V including new protections for survivors of identity theft and economic abuse.

·        Redefining Large Market Participants - Examination of thresholds for CFPB supervision in areas like auto financing, debt collection, consumer reporting, and international money transfers, aiming to target the largest market players.

·        Qualified Mortgage Rules & Loan Originator Compensation - What changes might be coming to mortgage rules and compensation methods, especially for small-dollar loans? The industry’s wishlist and regulatory challenges are explored.

·        The Equal Credit Opportunity Act (ECOA) & Disparate Impact - Is the CFPB shifting its stance on disparate impact liability in lending? Hear the latest on the Trump administration’s influence and evolving regulatory language.

·        CFPB’s Withdrawal of Guidance Documents- A look at the Bureau’s move away from guidance towards formal rulemaking and the impact on regulated entities.

·        Industry Feedback and Uncertainty - Lively discussion about compliance burdens, regulatory rescissions, and the ongoing uncertainty surrounding the CFPB’s future funding and priorities.

Meet Your Speakers from Ballard Spahr:  

·        Alan Kaplinsky (Host & Moderator): Senior Counsel and Founder and former leader of Ballard Spahr’s Consumer Financial Services Group 

·        Rich Andreano, Jr.: Partner and head of the firm’s Mortgage Banking Group 

·        John Culhane, Jr.: Partner in the Consumer Financial Services Group 

·        Kristen Larson: Of Counsel, Consumer Financial Services Group  

·        Daniel Wilkinson: Associate, Consumer Financial Services Group  

·        Rob Lieber: Associate, Consumer Financial Services Group  

·        Aja Finger: Associate, Consumer Financial Services Group  

Tune in as our expert panel breaks down the complexities, anticipated impacts, and the road ahead under the CFPB’s ambitious agenda.

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.