Significant 2025 Deregulatory Developments in Banking Law
Release Date: 12/31/2025
AI Liability Comes Into Focus: A Conversation with Mark Geistfeld on the ALI’s Civil Liability Principles Project
Consumer Finance Monitor
Artificial intelligence is rapidly transforming consumer financial services and countless other industries. As AI systems become more autonomous, adaptive, and deeply integrated into commercial decision-making, courts, regulators, and industry participants are increasingly confronting a critical question: when AI causes harm, who should be held responsible? In our latest episode of our award-winning, weekly Consumer Finance Monitor Podcast, our host Alan Kaplinsky (the founder, Chair for 25 years, and now Senior Counsel of our Consumer Financial Services at Ballard Spahr LLP) had the...
info_outline
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
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
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
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
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
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
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
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
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_outlineJoin host Alan Kaplinsky, founder and former longtime leader of Ballard Spahr's Consumer Financial Services Group and one of the foremost thought leaders in the industry, as he welcomes two special guests for a timely and insightful conversation about the most significant deregulatory developments in banking law during 2025.
Alan is joined by his Ballard Spahr colleague Scott Coleman, a partner with more than 30 years of experience guiding banks and bank holding companies through mergers, acquisitions, and all facets of regulatory compliance, especially in the community banking sector. They're also joined by Dr. Sean Campbell, Chief Economist and Head of Policy Research at the Financial Services Forum, where he represents the eight U.S. global systemically important banks. Dr. Campbell is a distinguished economist, former senior Federal Reserve official, and published academic.
In this episode, Alan, Scott, and Sean break down the latest developments and ongoing trends in bank regulation and supervision, and digital innovation. You'll get expert analysis and practical takeaways on:
· The Deregulatory Wave: How the Trump administration's aggressive deregulatory agenda is streamlining exams, reducing supervisory burdens, and shifting the focus toward core financial risk-while eliminating reputational risk as a part of President Trump’s Debanking Executive Order.
· Supervision and Stress Testing Reform: Why new Federal Reserve proposals to increase transparency in stress testing mark a turning point for large banks, moving away from a "check-the-box" approach to a laser focus on tangible risks like capital, liquidity, and asset quality.
· Deposit Insurance Debate: The pros, cons, and historical lessons of raising FDIC insurance limits-especially in the wake of recent bank failures and how the right balance can preserve market discipline.
· Community Reinvestment Act in the Digital Age: Why the CRA's geography-based model is due for an overhaul as banking goes mobile and regulatory priorities shift.
· Crypto, Stablecoins, and Regulatory Parity: What the Bipartisan Enactment of the GENIUS Act (regulating stablecoins) means for banks and fintechs, and why applying anti-money laundering rules across the board could level the playing field.
· Eliminating Reputational Risk: How regulators are eliminating the use of "reputational risk" as a catch-all supervisory and enforcement tool and what this means for fair access and bank governance.
· Looking to the Future: The group reflects on what's next for the bank regulatory landscape, Wall Street's view on the industry, and the practical impacts on banks and consumers.
Whether you're a banker, regulator, or just want to understand how Washington and Wall Street are shaping the future of finance, this episode delivers the highlights of 2025 and insights you need going into 2026. Tune in for expert opinions, real-world examples, and a roadmap to what's 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 banking and the consumer finance industry.