Breaking Developments in National Bank Act Preemption
Release Date: 01/22/2026
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...
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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,...
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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...
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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...
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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...
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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...
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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...
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“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...
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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...
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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_outlineOur podcast show this week consists of a webinar we produced on November 10, 2025, titled, “Breaking Developments in National Bank Act Preemption." Join our panel of top legal experts as they break down how landmark court rulings are changing the rules for national banks, examine the growing application of state law, and discuss what these changes mean for compliance, risk, and the future of consumer financial services.
Meet the Panelists:
· Alan Kaplinsky (Host & Moderator): Senior Counsel and former Practice Group Leader and Founder of the Consumer Financial Services Group at Ballard Spahr
· Professor Arthur Wilmarth: Professor Emeritus at George Washington University Law School, widely recognized for his scholarship on National Bank Act preemption.
· John Culhane, Jr.: Senior Counsel of the Consumer Financial Services Group at Ballard Spahr specializing in national bank compliance and regulatory strategy.
· Ronald Vaske: Senior Counsel of the Consumer Financial Services Group at Ballard Spahr advising financial institutions on regulatory and compliance matters.
· Joseph Schuster: Partner of the Consumer Financial Services Group at Ballard Spahr guiding national banks on state law adaptation and implementation.
Key Points Covered:
· Landmark Court Decisions: Recent cases like Cantero in the Supreme Court and Conti in the First Circuit Court of Appeals have moved National Bank Act preemption away from blanket coverage, requiring courts to carefully assess each state law’s impact on national banks.
· Dodd-Frank’s Transformative Impact: The Dodd-Frank Act codified the legal standard established by the Supreme Court in the Barnett Bank Case that state laws are only preempted if they "prevent or significantly interfere" with national bank authority, and curtailed the OCC’s sweeping preemption powers.
· Erosion of Uniform Federal Standards: National banks now face the reality of complying with an increasing patchwork of state laws, which challenges the traditional advantage of a federal charter.
· Compliance Strategies in Practice: Banks are proactively reviewing and updating their products, disclosures, and processes to ensure compliance with varying state requirements using robust legislative tracking methods.
· What’s Next - Regulatory and Litigation Outlook: The panel anticipates ongoing legal and regulatory developments and urges institutions to prepare for further changes by starting comprehensive compliance reviews now.
This episode delivers vital updates and practical guidance on the evolving landscape of national bank preemption, making it essential listening for anyone involved in consumer financial services, banking compliance, or regulatory strategy.
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.