Best Ballard Spahr LLP Podcasts (2024)

1
An Insider’s View of the CFPB 59:14

1h ago59:14

59:14

Our special guest this week is John Tonetti. After decades as an industry risk executive, Mr. Tonetti joined the Consumer Financial Protection Bureau (CFPB), where he worked for many years in roles including Debt Collection Program Manager, senior policy analyst, and internal consultant on numerous issues including debt collection and risk manageme…

1
Banks and Their Customer Relationships: What is the Appropriate Role of Bank Regulators? 58:44

5d ago58:44

58:44

Our special guests are Professor Dru Stevenson, South Texas College of Law in Houston, and Brian Knight, Senior Research Fellow, Mercatus Center at George Mason University. In this episode, we first discuss the history of “Operation Chokepoint,” the Obama-era initiative in which the FDIC and other federal banking agencies targeted banks serving pay…

1
A Discussion of Industry and Consumer Perspectives on Mass Arbitration 1:02:58

1h ago1:02:58

1:02:58

Our special guest is Professor Richard Frankel of Drexel University Thomas R. Kline School of Law and the author of a recent article on mass arbitration. In this episode, we first discuss what mass arbitration is, how it relates to class action lawsuits, and the role of public enforcement. We then discuss the industry and consumer positions on the …

1
A Close Look at the Consumer Financial Protection Bureau’s Proposal to Supervise Large Nonbank Providers of Digital Wallets and Payment Apps 53:52

9d ago53:52

53:52

Our special guest is Brian Johnson, Managing Director of Patomak Global Partners and former CFPB Deputy Director. In Nov. 2023, the CFPB issued a proposed rule to supervise nonbank companies that qualify as larger participants in a market for “general-use digital consumer payment applications.” We first discuss the CFPB’s authority to supervise non…

1
The U.S. Supreme Court’s Pending Ruling on National Bank Preemption: A Discussion of Cantero v. Bank of America, N.A. 1:10:48

12d ago1:10:48

1:10:48

On February 27, 2024, the U.S. Supreme Court heard oral argument in Cantero v. Bank of America, N.A., a case involving the effect of the Dodd-Frank Act on the scope of preemption under the National Bank Act (NBA). The specific question before the Court is whether, post-Dodd-Frank, the NBA preempts a New York statute requiring banks to pay interest …

1
A Close Look at the Consumer Financial Protection Bureau’s Final Credit Card Late Fee Rule: Have Cardholders Been Dealt a Winning or Losing Hand? 1:07:22

1M ago1:07:22

1:07:22

Our special guest is Andrew Nigrinis of Legal Economics LLC and former CFPB enforcement economist. The CFPB’s final credit card late fee rule lowers the safe harbor late fee amount that card issuers other than “smaller card issuers” can charge to $8. We first discuss how the final rule differs from the proposed rule and the existing rule, who are “…

1
An Update on Earned Wage Access Products 51:59

1M ago51:59

51:59

Our special guest is Ian Moloney, Senior Vice President and Head of Policy and Regulatory Affairs with the American Fintech Council (AFC). After reviewing how EWA products are used by consumers and the differences between employer- and provider-based products, we discuss the regulatory challenges faced by the EWA industry, the regulatory approaches…

1
A Close Look at the Consumer Financial Protection Bureau’s Proposed Rules on Overdraft and Nonsufficient Funds Fees 51:30

2M ago51:30

51:30

Our special guest is David Pommerehn, SVP, General Counsel, Head of Regulatory Affairs at the Consumer Bankers Association. In January 2024, the CFPB proposed two new rules: one restricting overdraft fees and the other prohibiting NSF fees on certain declined transactions. The proposals are among the CFPB’s latest moves in furtherance of the Biden …

1
The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond 1:00:22

2M ago1:00:22

1:00:22

Our special guest is Malini Mithal, Associate Director of the FTC’s Division of Financial Practices. In this episode, which repurposes a recent webinar, we review highlights of FTC regulatory and enforcement activity in 2023 directed at protecting consumers and small businesses and discuss what to expect from the FTC in 2024 and beyond. After revie…

1
The Consumer Financial Protection Bureau’s Use of Unfairness to Regulate Discriminatory Conduct: A Discussion of the Consumer and Industry Perspectives 1:02:01

2M ago1:02:01

1:02:01

Our special guest is Jeff Sovern, Professor at the University of Maryland Francis King Carey School of Law. In March 2022, the CFPB announced that it had revised its exam manual to instruct its examiners to apply the “unfairness” standard under the Consumer Financial Protection Act to conduct considered to be discriminatory, whether or not it is co…

1
Planning for Influencers 32:08

2M ago32:08

32:08

Join Justin Brown, Jen Zegel, and Ross Bruch as they delve into the digital world of influencer planning on the latest episode of the Digital Planning Podcast, featuring the esteemed Laura Giles of Ballard Spahr. Tune in to gain valuable insights and learn more about estate and business planning for influencers. #digitalplanning #influencers…

1
Cyber Adviser – Your Data, My Headache: Consumer Health Data Laws 18:33

2M ago18:33

18:33

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security. Today, our lawyers discuss new state consumer health data laws in Connecticut, Nevada, and Washington, highlighting the laws’ scope, obligations for regulated entities, and enforcement mechanisms. Greg Szewczyk, Leader of Ba…

1
Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation 53:02

2M ago53:02

53:02

New Federal Communications Commission TCPA rules will mean big changes for businesses, particularly comparison shopping websites, lead generators, and other companies that regularly contact consumers via phone or text message. This episode repurposes a recent webinar. After reviewing TCPA consent requirements for calls and texts and exceptions, we …

1
Sustainability Spotlight – A Conversation with Aramark 31:07

2M ago31:07

31:07

This is the first episode in our new Sustainability Spotlight series, highlighting the sustainability efforts that businesses are taking to combat climate change and other environmental challenges. This episode features a discussion with Alan Horowitz, Vice President of Sustainability at Aramark, a leading global provider of food and facilities ser…

1
The U.S. Supreme Court Hears Two Cases in Which the Plaintiffs Seek to Overturn the Chevron Judicial Deference Framework: Who Will Win and What Does It Mean? Part II 44:18

3M ago44:18

44:18

On January 17, 2024, the U.S. Supreme Court heard oral argument in two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. That decision produced what became known as the "Chevron judicial deference framework" - the two-step analysis that courts typica…

1
The U.S. Supreme Court Hears Two Cases in Which the Plaintiffs Seek to Overturn the Chevron Judicial Deference Framework: Who Will Win and What Does It Mean? Part I 46:18

3M ago46:18

46:18

On January 17, 2024, the U.S. Supreme Court heard oral argument in two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. That decision produced what became known as the "Chevron judicial deference framework" - the two-step analysis that courts typica…

1
Tax Audits, Investigations, and Global Enforcement: A Conversation with IRS Special Agent Jonathan Schnatz 33:48

2M ago33:48

33:48

In this episode, we are joined by Special Agent Jonathan Schnatz, Senior Analyst with IRS Criminal Investigation. Special Agent Schnatz will discuss his work with an international law enforcement and tax compliance group, and how that work directly impacts U.S. businesses and individuals. Peter Hardy and Chris Jones, co-leaders of Ballard Spahr's T…

1
How the Consumer Financial Protection Bureau Can Advance the Use of Artificial Intelligence in Consumer Financial Services 43:16

3M ago43:16

43:16

Our special guest is Brad Blower, Principal and Founder of Inclusive-Partners LLC, and author of a recent blog post titled “The CFPB Has An Opportunity to Greatly Advance the Ethical and Non-Discriminatory Use of AI in Financial Services and Should Take It.” We first discuss the lack of clear guidance from the CFPB on the non-discriminatory use of …

1
The CARS Rule: What You Need To Know About the Federal Trade Commission’s Final Motor Vehicle Dealer Trade Regulation Rule, Part II 46:15

3M ago46:15

46:15

Our special guest is Richard (“Rick”) Hackett, former Assistant CFPB Director responsible for auto finance regulation and presently a member of the Board of F&I Sentinel, which supports lender compliance in the auto finance and insurance industry. In December 2023, the FTC announced its final Combatting Auto Retail Scams Rule, otherwise known as th…

1
Strategic Partnership and Company-Building Investments – A Conversation with Prairie Capital 39:55

3M ago39:55

39:55

In today’s episode, we’re joined by D.J. Lipke, a Principal at Prairie Capital. Prairie Capital is a private equity firm that has provided businesses with thought partnership and strategic guidance for over two decades. Jeffrey Fickes, Co-Leader of the Private Equity Group, hosts the discussion.By Ballard Spahr LLP

1
The CARS Rule: What You Need To Know About the Federal Trade Commission’s Final Motor Vehicle Dealer Trade Regulation Rule, Part I 49:12

4M ago49:12

49:12

Our special guest is Richard (“Rick”) Hackett, former Assistant CFPB Director responsible for auto finance regulation and presently a member of the Board of F&I Sentinel, which supports lender compliance in the auto finance and insurance industry. In December 2023, the FTC announced its Combatting Auto Retail Scams Rule, otherwise known as the “CAR…

1
Recent Developments Affecting Student Loan Origination and Servicing 53:48

4M ago53:48

53:48

1
Cyber Adviser – Financial Services 2024 Privacy and Cybersecurity Preview 25:33

3M ago25:33

25:33

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security. The privacy and cybersecurity landscape is evolving in the financial sector, from more specific data security reporting requirements, to potential data subject rights and the use of artificial intelligence. Today, our lawyer…

1
Navigating the Consumer Financial Protection Bureau’s Proposed Personal Financial Data Rule 53:47

4M ago53:47

53:47

In October 2023, the CFPB issued a groundbreaking proposal on personal financial data. This episode, which repurposes a webinar, begins with a review of the background of the rulemaking. We then discuss key provisions of the proposal, including the entities, data, and financial products and services that would be covered, the obligations that would…

1
AI Developments - Planning & Practice Considerations 43:11

4M ago43:11

43:11

In this episode of the Digital Planning podcast, Jennifer Zegel, Justin Brown, and Ross Bruch discuss developments and policy considerations with the use of AI in the practice of law. The trio also examines estate planning nuances and post-mortem privacy concerns, addressing the emergence of ghost bots and personal generative AI avatars.…

1
Understanding the Federal Reserve Board Proposal to Lower Interchange Fee Cap for Debit Card Transactions 59:39

4M ago59:39

59:39

Our special guest is Zarik Khan, Founder of Finsolute Advisors. In October 2023, the Federal Reserve Board issued a proposal to lower the maximum interchange fee that a large debit card issuer can receive for a debit card transaction. We first look at the roles of the various parties involved in a typical transaction in which a consumer uses a debi…

1
Investing in the New Mainstream Economy: A Conversation with Palladium Equity Partners 42:40

4M ago42:40

42:40

In today’s episode, we’re joined by Meahgan O’Grady Martin, Head of Business Development at Palladium Equity Partners. Palladium is a private investment firm that targets opportunities in the middle-market, with a focus on companies in the U.S. Hispanic market, founder- and family-owned businesses, and companies with accretive M&A opportunities. Je…

1
Will Chevron Deference Survive in the U.S. Supreme Court? An Important Discussion to Hear in Advance of the January 17th Oral Argument 1:05:32

5M ago1:05:32

1:05:32

This special podcast episode, hosted by Senior Counsel and former Consumer Financial Services Practice Leader Alan Kaplinsky, sets the stage for the upcoming oral argument in the two U.S. Supreme Court cases where the fate of Chevron deference hangs in the balance. This episode provides an essential roadmap for anyone who will listen to the oral ar…

1
Foreclosing on “Zombie” Mortgages: What Lenders and Servicers Should Know 25:54

5M ago25:54

25:54

We discuss various issues faced by lenders and servicers when attempting to foreclose on “zombie” mortgages, meaning second mortgages on which the borrower has not made a payment for a considerable length of time and the lender or servicer has not previously taken action to foreclose. First, we look at the CFPB’s May 2023 advisory guidance on the e…

1
Distressed Office Buildings: A Look at Workout and Enforcement 1:02:16

4M ago1:02:16

1:02:16

Realigning an underperforming property and its attendant financing takes a high degree of detailed knowledge not only of the particular building, but the market and industry as a whole. In this episode, five members of our national Distressed Office Buildings team share their perspectives on the key considerations office building owners and their l…

1
A Look at a New Approach to Consumer Contracts 1:02:44

5M ago1:02:44

1:02:44

Our special guest is Andrea Boyack, Professor, University of Missouri School of Law. We first discuss the principles that underlie our current system of consumer contracts and the system’s role in promoting transactional efficiency and other objectives. Prof. Boyack then provides her views on why the application of traditional contract law to the m…

1
Community Reinvestment Act Reform: A Close Look at the Final Rule 1:15:46

5M ago1:15:46

1:15:46

On October 24, 2023, the OCC, FDIC and Board of Governors of the Federal Reserve System jointly adopted final amendments to their regulations implementing the Community Reinvestment Act of 1977 (CRA). In this episode, which repurposes a webinar, we are joined by guest speaker Kenneth H. Thomas, Ph.D., Founder/CEO of Community Development Fund Advis…

1
What the Recent Developments in Federal Preemption for National and State Banks Mean for Bank and Nonbank Consumer Financial Services Providers 1:04:43

5M ago1:04:43

1:04:43

Providers of consumer financial services that rely on federal preemption to charge customers uniform interest rates and fees on a nationwide basis are currently facing a series of legislative and litigation challenges. In this episode, which repurposes a recent webinar, we first discuss the U.S. Supreme Court’s grant of certiorari in Cantero v. Ban…

1
The Biden Administration’s “Junk Fees” Initiative Continues: What the Latest Actions Mean for the Consumer Financial Services and Rental Housing Industries, Part II 44:35

6M ago44:35

44:35

This two-part podcast repurposes our most recent webinar on the latest salvo of actions in the Biden Administration’s initiative directed at combatting so-called “junk fees.” Launched in January 2022, the initiative shows no signs of abating. In Part II, we first look at the Consumer Financial Protection Bureau’s advisory opinion on fees charged by…

1
The Biden Administration’s “Junk Fees” Initiative Continues: What the Latest Actions Mean for the Consumer Financial Services and Rental Housing Industries, Part I 46:03

6M ago46:03

46:03

This two-part podcast repurposes our most recent webinar on the latest salvo of actions in the Biden Administration’s initiative directed at combatting so-called “junk fees.” Launched in January 2022, the initiative shows no signs of abating. In Part I, we first review the background of the initiative, the range of fees the Administration has label…

1
Investing in Consumer Brands – A Conversation with SBJ Capital 29:58

6M ago29:58

29:58

In this episode, we’re joined by Porter Hall, a Principal at SBJ Capital. SBJ Capital is a private investment firm with a focus on lower middle-market consumer, business services, and healthcare services companies. They provide strategic advice, domain expertise, and flexible solutions to support the value-creation goals of entrepreneurs, owners, a…

1
A Close Look at the Federal Trade Commission’s Proposed Rule to Regulate “Junk Fees” 48:14

6M ago48:14

48:14

In October 2023, the FTC issued a proposed “Rule on Unfair or Deceptive Fees” targeting so-called “junk fees.” Our special guest is Stacy Cammarano, Staff Attorney in the FTC’s Bureau of Consumer Protection, Division of Advertising Practices, and a lead attorney on the proposal. After reviewing how the FTC has previously used its enforcement author…

1
Consumer Finance Impact of a CFPB Run Amok 1:01:34

6M ago1:01:34

1:01:34

Switching from his usual role as frequent host of the Consumer Finance Monitor Podcast, Alan Kaplinsky, Senior Counsel in and former Practice Group Leader of Ballard Spahr’s Consumer Financial Services Group, was recently the special guest of Bloomberg Intelligence analysts Elliott Stein and Nathan Dean on their podcast, Votes and Verdicts. The epi…

1
Prohibited by Law and Totally Ineffective—Just Two of the Many Reasons Why the CFPB Should Deny the Petition for Rulemaking on Post-Dispute Consumer Arbitration Agreements 1:03:29

7M ago1:03:29

1:03:29

Our special guest is David Sherwyn, Professor of Law at Cornell University's School of Hotel Administration. In Sept. 2023, a group of consumer advocate organizations filed a Petition for Rulemaking with the CFPB that would prohibit the use of pre-dispute arbitration clauses in consumer contracts in favor of arbitration clauses that would permit co…

1
A Deep Dive Into the Consumer Financial Protection Bureau’s Policy Statement on Abusive Acts and Practices Under the Consumer Financial Protection Act 1:00:54

7M ago1:00:54

1:00:54

The CFPB recently issued a policy statement in which it provided a framework for determining what constitutes abusive conduct under the CFPA. After reviewing the definition of abusive in the CFPA and the historical background of the adoption of an abusive standard in the CFPA, we examine how the policy statement addresses each element of the abusiv…

1
The U.S. Supreme Court’s Decision in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau: Who Will Win and What Does It Mean? Part II 45:02

7M ago45:02

45:02

On October 3, 2023, the U.S. Supreme Court held oral argument in CFSA v. CFPB, a case with profound potential implications for the future of the CFPB. The Court will rule on whether the CFPB’s funding mechanism violates the U.S. Constitution’s Appropriations Clause and, if so, what the appropriate remedy should be. Our special guests are six renown…

1
Supporting Middle Market Manufacturing – A Conversation with Torque Capital Group 43:44

7M ago43:44

43:44

1
The U.S. Supreme Court’s Decision in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau: Who Will Win and What Does It Mean? Part I 51:48

7M ago51:48

51:48

On October 3, 2023, the U.S. Supreme Court held oral argument in CFSA v. CFPB, a case with profound potential implications for the future of the CFPB. The Court will rule on whether the CFPB’s funding mechanism violates the U.S. Constitution’s Appropriations Clause and, if so, what the appropriate remedy should be. Our special guests are six renown…

1
Understanding the Credit Card Competition Act a/k/a Durbin 2.0 48:09

8M ago48:09

48:09

Our special guest is Zarik Khan, Founder and Managing Director of Finsolute Advisors. Congress is now considering whether to enact the CCCA, a bill that would require credit card issuers with assets over $100 billion to include at least two possible network processors on each card. We first look at the roles of the various parties involved in a typ…

1
A Look at the Impact of New Developments in Payment Systems on Low-Income Consumers 45:57

8M ago45:57

45:57

Our special guest is Mark Budnitz, Professor Emeritus, Georgia State University College of Law. In an article recently published in the Georgetown Journal on Poverty Law and Policy, Prof. Budnitz explores the impact on low-income consumers of the increasing use of digital technology for consumer payments. Prof. Budnitz first explains why, in his vi…

1
A Close Look at the Federal Trade Commission’s Updates to its Guides on the Use of Endorsements and Testimonials in Advertising and Proposed Rule on the Use of Consumer Reviews and Testimonials 54:37

8M ago54:37

54:37

Our special guest is Michael Ostheimer, Senior Consumer Protection Attorney in the FTC’s Division of Advertising Practices. In June 2023, the FTC updated its guides that set forth the FTC’s position on how Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices, applies to the use of endorsements and testimonials in advertis…

1
When Cyber Attacks Hit Home 57:36

8M ago57:36

57:36

Cyber security impacts everyone who has a computer, tablet, mobile device, or on-line presence. With cyber-attacks occurring every day, we are all potential targets who should constantly be monitoring our cyber behaviors. In this episode, Jen Zegel, Ross Bruch, and Justin Brown speak with Kris Coleman of Red Five Security to discuss our cyber secur…

1
Federal Court Rules CFPB Cannot Use UDAAP Authority to Regulate Discrimination: A Close Look at the Decision and its Implications 56:37

8M ago56:37

56:37

In March 2022, the Consumer Financial Protection Bureau announced that it had revised its examination manual to instruct its examiners to apply the “unfairness” standard under the Consumer Financial Protection Act to conduct considered to be discriminatory, whether or not it is covered by the Equal Credit Opportunity Act. We first review the change…

1
Shining a Bright Light on Digital Dark Patterns 1:03:19

8M ago1:03:19

1:03:19

Our special guest is Andrew Nigrinis, PhD, who formerly served as Enforcement Economist for the Consumer Financial Protection Bureau. We first discuss what is meant by “dark patterns” and the types of digital practices identified by the CFPB and Federal Trade Commission as “dark patterns.” We then look at the CFPB ‘s position regarding the use of “…

1
What is FedNow and its Role in the U.S. Payments System? 52:32

9M ago52:32

52:32

Our special guest is Professor Dan Awrey of Cornell Law School. In July 2023, the Federal Reserve launched FedNow, its instant payments system. After reviewing what FedNow is (and is not), we discuss FedNow’s design features and pricing schedule, the obstacles that currently exist for usage of FedNow by community banks, and what changes can be made…

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