Consumer Finance Monitor

Servicemembers are the subject of heightened legal protections.In this podcast, we look at the products that received the most complaints from servicemembers, the specific issues complained about, and the litigation and regulatory risks to consumer financial service providers the report could generate. 

In this podcast, we look at the CFPB’s rationale for its proposal to rescind the ability to repay provisions of its payday loan rule, what the payment provisions still set to take effect on Aug. 19 require and the implementation challenges, how industry input could improve the final outcome, the potential impact of pending litigation challenging the rule, and possible legal challenges to the proposals.

Last month, after more than three years of urging by the industry to provide written guidance, the CFPB issued four FAQs on its TILA/RESPA Integrated Disclosure (TRID) Rule. In this podcast, we take a close look at the FAQs and what they tell creditors, particularly its guidance on when a corrected Closing Disclosure and new three-day waiting period are required (with a caution for those selling to investors) and the safe harbor for using a model form.

The FCC’s creation of a database of disconnected phone numbers is expected to significantly reduce the potential TCPA exposure companies face for unknowingly calling a customer at a reassigned phone number. In this podcast, we review the relevant TCPA legal background, explain how the database will operate, review the requirements for obtaining a safe harbor from TCPA liability, and discuss proactive steps companies can take in advance of the database launch.

The “Blue Wave” hit Nevada last November as well, resulting in the election of Democrats to serve as Governor and Attorney General. More aggressive enforcement and increased legislative activity are expected. In this podcast, we discuss the new AG’s likely enforcement priorities, the federal and state law enforcement tools available to him, and state legislation of interest to financial institutions that is likely to be considered in the next session.

In this week’s podcast, we discuss key issues that need to be considered by banks and their merchant partners when entering into credit card co-branding relationships, including defining the scope of exclusivity, the terms of second-look programs, the role of the payment networks, and the handling of consumer data ownership and usage rights.

Having declared the Consumer Financial Protection Bureau eviscerated by President Trump, Colorado’s newly elected Democratic Attorney General, Phil Weiser, is expected to take an active approach to consumer protection. In this week’s podcast, Ballard Spahr Partner Matt Morr, based in the firm’s Denver office, discusses Mr. Weiser’s background, key appointees, and likely areas of focus.

In November, the U.S. Supreme Court heard arguments in a case over whether the Eighth Amendment’s excessive-fines prohibition applies to states under the 14th Amendment. In this week’s podcast, we review the litigation and lower court decisions and discuss how the case could provide companies with a constitutional basis for challenging fines and penalties sought by state attorneys general and regulators as they ramp up their supervision and enforcement to fill the void created by a less aggressive CFPB.

In this week’s podcast, we speak with Paul Watkins, Director of the CFPB’s Office of Innovation, about the Bureau’s recent proposals to revise its policies on trial disclosure programs and no-action letters and to create a new “BCFP Product Sandbox.” Highlights include discussions of key differences between the revised and current policies, the background and objectives of the BCFP Product Sandbox, confidentiality concerns, and the scope of protections from liability.

In this week’s episode, Pennsylvania Secretary of Banking and Securities Robin Wiessmann discusses lessons learned from the 2009 financial crisis and shares her concerns arising from today’s market conditions and regulatory environment. She also offers her views on the Office of Comptroller of the Currency fintech charter, provides an update on steps states are taking to relieve regulatory burdens on fintech companies, and explains her agency’s approach to virtual currency.

The OCC’s decision to issue special purpose national bank (Fintech) charters has sparked a wave of litigation. In this episode, we review the potential benefits and drawbacks of Fintech charters, provide a litigation update, examine the possible impact on charter applicants, and flag issues for prospective applicants. We also look at Fintech charter alternatives, including full-service and Utah industrial banks.

AML/BSA compliance continues to be the focus of rigorous enforcement on both the federal and state levels. In this episode, we look at the conduct for which financial institutions have been faulted in recent enforcement actions, flag other missteps that can trigger regulatory scrutiny, and offer practical tips for avoiding regulatory criticism and reducing enforcement risk.

We talk with Evan Daniels, Fintech Counsel in the Arizona Attorney General's office, about Arizona's first-in-the-nation Fintech sandbox and how it is being used to drive innovation in consumer financial services. We also discuss how the CFPB's current push to encourage innovation interacts with state efforts, such as those in Arizona.

In this week’s episode, we discuss recent state legislative and enforcement developments involving state analogues to the federal Servicemembers Civil Relief Act. We review state efforts to increase the duration of federal protections, expand the groups entitled to them, and extend similar protections to additional products and services.

In this episode, we discuss recent enforcement activity under the Military Lending Act and the Servicemembers Civil Relief Act, as well as takeaways about compliance. We also review the CFPB’s controversial decision to no longer conduct exams for MLA compliance, look at the legal basis for the decision, and analyze the arguments made by critics.