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The Consumer Financial Services industry is changing quickly. This weekly podcast from national law firm Ballard Spahr focuses on the consumer finance issues that matter most, from new product development and emerging technologies to regulatory compliance and enforcement and the ramifications of private litigation. Our legal team—recognized as one of the industry's finest— will help you make sense of breaking developments, avoid risk, and make the most of opportunity.
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Consumer Financial Protection Bureau

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Learn tips and strategies on how to make more informed financial decisions around managing money, saving and paying for higher education, and repaying student loan debt. Our team will share interviews with financial practitioners, students and recent graduates, family members and young adults that have successfully managed their money and repaid their student loan debt.
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Court Briefs is a podcast from Paul, Weiss. Kannon Shanmugam and other members of the firm’s Supreme Court practice provide concise, insightful analysis of Supreme Court decisions of interest to the business community.
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Special guest Alex J. Pollock, Senior Fellow with the Mises Institute and former Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department, joins us to discuss his recent blog post published on The Federalist Society website in which he urges Congress to look into the question of whether the Federal Reserve can l…
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The 1978 landmark opinion in Marquette National Bank v. First of Omaha Service Corp held that under the National Bank Act, a national bank has the right to export the interest rate authorized by the state where the bank is located to borrowers located elsewhere. Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 198…
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In our latest episode, host Kannon Shanmugam and his colleague, William Marks, unravel the complexities of Moody v. NetChoice, a pivotal decision that examines the application of the First Amendment to social media platforms. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf ## Learn More About Paul, We…
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California frequently is in the vanguard of consumer financial issues and legislation, foreshadowing trends that may spread to other states. Today’s episode, during which we explore important hot topics and recent developments in California consumer finance law, is hosted by Ballard Spahr partner Melanie Vartabedian, and features Partners Michael G…
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Join host Kannon Shanmugam, along with his colleague, Abigail Frisch Vice, as they delve into the Court’s landmark ruling in Loper Bright Enterprises v. Raimondo. Kannon and Abby discuss the decision's impact on statutory interpretation and agency actions. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.p…
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In our latest episode, host Kannon Shanmugam, joined by Abigail Frisch Vice, delves into the Supreme Court’s landmark decision in SEC v. Jarkesy, which imposes limits on the SEC’s ability to impose monetary penalties in administrative enforcement proceedings. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-859new_…
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On May 16, 2024, the U.S. Supreme Court ruled that the CFPB’s funding mechanism does not violate the Appropriations Clause of the U.S. Constitution. This two-part episode repurposes a recent webinar. In Part II, we first discuss the CFPB’s launch of Fair Credit Reporting Act rulemaking, proposed rule to supervise larger payment providers, proposed …
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On May 16, 2024, the U.S. Supreme Court ruled that the CFPB’s funding mechanism does not violate the Appropriations Clause of the U.S. Constitution. This two-part episode repurposes a recent webinar. In Part I, we first discuss the SCOTUS decision, the status of the CFPB’s payday lending rule that was at issue in the underlying case, and a potentia…
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In this week’s episode of “Court Briefs,” Kannon Shanmugam and Abigail Frisch Vice delve into the Supreme Court's unanimous decision in Truck Insurance Exchange v. Kaiser Gypsum, which has significant implications for bankruptcy proceedings and the rights of insurers. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/2…
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Special guest Professor Hal Scott of Harvard Law School joins us today as we delve into the thought-provoking question of whether the Supreme Court’s recent decision in the landmark case of CFSA v. CFPB really hands the CFPB a winning outcome, or does the Court’s validation of the agency’s statutory funding structure simply open up another question…
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In the latest episode of “Court Briefs,” host Kannon Shanmugam, along with colleague William Marks, discuss the Supreme Court’s decision in Cantero v. Bank of America, from the case’s background to the legal battle over state versus federal law in banking regulation. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22…
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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…
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In this episode of "Court Briefs," Kannon Shanmugam and William Marks analyze the Supreme Court’s unanimous ruling in Coinbase v. Suski and discuss its implications for businesses that enter into arbitration agreements. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/23-3_879d.pdf ## Learn More About Paul, Weiss’s Su…
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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…
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In the latest installment of "Court Briefs," Kannon Shanmugam, along with Abigail Frisch Vice and Brian Lipshutz, delves into the Supreme Court's recent ruling in Consumer Financial Protection Bureau v. Community Financial Services Association. ## Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-448_o7jp.pdf ## Learn …
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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 …
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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…
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Patrick M. Brenner, founder and president of the Southwest Public Policy Institute (SPPI), joined the American Legal Record Podcast to discuss the Consumer Financial Protection Bureau (CFPB) and the SPPI's work to promote sound public policy. Before launching SPPI, Patrick worked in public relations and marketing, then took charge of the donor enga…
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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 …
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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 “…
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Bill Himpler, president of the American Financial Services Association (AFSA) joined the American Legal Record Podcast to discuss AFSA’s mission, a macro look at the state of credit, mortgage borrowing, its relationship to the Consumer Financial Protection Bureau (CFPB), the regulatory environment, and what lies ahead re interest rates. Himpler joi…
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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…
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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 …
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Joe Nixon, Litigaiton Counsel at the Public Interest Legal Foundation (PILF), joined the American Legal Record Podcst to discuss PILF’s brief in the U.S. Supreme Court arguing against Colorado’s attempt to remove former President Donald Trump from the ballot. Nixon has been with PILF since April 2023, and has been board certified in Civil Trial Law…
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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…
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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…
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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 …
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Chris Dickerson, editor of the West Virginia Record, joined the American Legal Record Podcast to discuss the reduction in transparency and access to court records in West Virginia. Chris Dickerson's Experience and Concerns: Chris Dickerson, a seasoned journalist with 19 years of experience covering the West Virginia court system, discussed the sign…
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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…
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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…
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David Williams, president of the Taxpayers Protection Alliance (TPA) joins this episode of the American Legal Newswire Podcast to discuss the actions of the Consumer Financial Protection Bureau (CFPB) and its effects on our economy.Williams discussed the TPA’s new project, “CFPB Mission Creep,” which TPA says is designed to “shine a light on the ne…
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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 …
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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…
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West Virginia’s proposed constitutional amendment to add U.S. citizenship as a voting requirement Chris Dickerson, editor of the West Virginia Record, joined the American Legal Record Podcast to discuss voter security and the mail-in ballot process in West Virginia. Voter Security Concerns: Dickerson discussed the issues of voter security and voter…
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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…
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In this debut episode of Court Briefs, Kannon Shanmugam is joined by Brian Lipshutz and Will Marks in analyzing Murray v. UBS Securities, a recent Supreme Court decision involving the whistleblower provisions of the Sarbanes-Oxley Act. Read the Supreme Court Decision: https://www.supremecourt.gov/opinions/23pdf/22-660_7648.pdf Learn More About Paul…
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John O’Brien, editor of Legal Newsline, joined the American Legal Record Podcast to discuss a class action lawsuit led by New York attorney Spencer Sheehan against Ricola, alleging consumer deception. The lawsuit claims Ricola's marketing suggests their cough drops are made with Swiss Alpine herbs that provide benefits beyond the active ingredient,…
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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…
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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…
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Jonathan Bylick, editor of the Cook County Record, joins the American Legal Record Podcast to discuss his recent reports on the recent case of Cook County resident Marty Paris. Paris was jailed over the Christmas holiday because he didn’t pay $300,000 to a Cook County Court and agree to be on electronic home monitoring as part of contentious divorc…
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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…
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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…
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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…
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On this episode, John O’Brien and Jonathan Bilyck of The Record legal publications join us for a follow up on the case of the Department of Labor’s investigation into Grand Rapids, Michigan-based company, Forge Industrial Staffing. Our first episode on this case can be found here: https://podcasts.apple.com/us/podcast/michigan-based-forge-industria…
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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…
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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…
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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…
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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…
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