In this crossover episode of The Consumer Finance Podcast and Payments Pros, guest host Taylor Gess is joined by Jason Cover and Jeremy Sairsingh to discuss buy now, pay later (BNPL) products as they continue to dive into the Point-of-Sale Finance Series. They highlight the complexities of BNPL offerings and the transformation of these payment models with varying fee structures and repayment terms. As these BNPL products mature, they challenge traditional definitions and regulatory frameworks, prompting a closer look at how consumers and providers are adapting to this financing option and its effects. With continuous industry innovations, regulators are working to keep pace, raising questions about the future direction of BNPL regulation and its impact.

In this episode of The Consumer Finance Podcast, Chris Willis is joined by veteran litigators Jason Manning and Carter Nichols to explore litigation implications following the CFPB's withdrawal of nearly 70 pieces of informal guidance earlier this year. The discussion examines how this significant shift impacts private litigation, particularly in cases where courts previously relied on these guidance documents, opening new avenues for legal arguments and challenges in a landscape where statutory interpretation and legal strategy become paramount with opportunities to redefine precedents and discover uncharted legal territories. The episode underscores the evolving nature of consumer finance litigation and the strategic considerations that come with these regulatory changes.

In this crossover episode of The Consumer Finance Podcast and Regulatory Oversight, Chris Willis is joined by Joseph DeFazio, Bill Foley, and Michael Yaghi to discuss the implications of New York's pending FAIR Act, a significant amendment to the state's UDAAP statute. The FAIR Act aims to broaden consumer protection by lowering the threshold for legal action against unfair and abusive business practices, expanding the ability of consumers, small businesses, and nonprofits to pursue litigation. With expanded enforcement powers for the state and a private right of action, this legislation could dramatically increase litigation risks for financial services companies operating in New York. Tune in to understand how this legislative shift might affect the industry and what steps businesses can take to prepare.

In this crossover episode of The Consumer Finance Podcast and Payments Pros, Chris Willis, Jason Cover, and Taylor Gess expand on the Point-of-Sale Finance Series to focus on leases and rent-to-own (RTO) models. This conversation spotlights the legal frameworks and best practices for structuring these models and integrating alternative financial options into point-of-sale offerings for goods and services. They also discuss market trends driving the creation of innovative products that are becoming increasingly popular, including virtual RTOs, solar panel leasing, and short-term renewable transactions for ride-share programs.

In this special joint episode of The Consumer Finance Podcast and Payments Pros, Chris Willis, co-leader of Troutman Pepper Locke's Consumer Financial Services Regulatory Practice, is joined by Keith Barnett and Jason Cover from the Payments Pros podcast, along with Troutman Pepper Locke Consumer Financial Services Partner Mark Furletti. They discuss the future of earned-wage access (EWA) products following the Consumer Financial Protection Bureau's (CFPB) rescission of previous guidance. The conversation explores the history and evolution of EWA products, initially designed as employer-based solutions to provide employees early access to earned wages without extending credit.

The group highlights regulatory challenges, including the CFPB's changing stance and the impact of state laws on EWA offerings. They examine how these products are structured to avoid being classified as credit, focusing on optional fees and the absence of repayment obligations. The discussion also addresses the legal landscape, noting potential state-level regulatory landmines and private litigation. The episode emphasizes the importance for fintechs and payroll processors to navigate these complexities carefully, especially in states with stringent regulations like California and New York. The podcast concludes with insights into the future of EWA, stressing the need for compliance with evolving state and federal laws.

In this episode of The Consumer Finance Podcast, Chris Willis is joined by veteran litigators and Troutman Pepper Locke Partners Mary Zinsner and Heryka Knoespel to dissect a groundbreaking Fourth Circuit decision on bank liability in wire transfer fraud cases. The ruling clarifies the actual knowledge standard under the Uniform Commercial Code, rejecting negligence-based liability and safeguarding the speed and efficiency of the banking system. Discover how this decision impacts future litigation and the banking industry's approach to fraud prevention.

In this special crossover edition of Payments Pros and The Consumer Finance Podcast, Carlin McCrory and Jason Cover are joined by their colleague Caleb Rosenberg to explore the evolving landscape of small business financing. They highlight the significant growth in diverse financing products and providers, which have expanded funding access for small businesses, particularly startups.

The discussion outlines the evolution from traditional bank lending to the rise of online and fintech solutions, which have filled gaps left by conventional lenders. The group also examines the complexities of the regulatory environment, focusing on the increased scrutiny from state legislatures and the introduction of consumer-like disclosure requirements for small business lending.

Additionally, they consider the impact of recent legislative changes in states like Texas and Louisiana, which could transform financing practices. The conversation includes best practices for structuring and servicing financial products while also speculating on future regulatory trends and the potential influence of federal oversight by the FTC.

In this crossover episode of The Consumer Finance Podcast and Payments Pros, Chris Willis, Jason Cover, and Taylor Gess continue the Point-of-Sale Finance Series to discuss licensed lending and bank model lending programs. This conversation dives into the benefits, challenges, and regulatory landscapes that shape these popular lending models for financial institutions and fintechs. Consumer finance providers will gain valuable insights on structuring successful lending partnerships in today's complex environment.

In this episode of The Consumer Finance Podcast, Chris Willis and Lori Sommerfield discuss the latest regulatory, legislative, and litigation developments under the Americans with Disabilities Act (ADA), as accessibility of digital platforms and mobile applications increasingly become crucial for consumer finance providers. This episode covers the DOJ's guidance on website accessibility, evolving Web Content Accessibility Guidelines, potential legislative solutions, and the risks of private litigation amid a surge in lawsuits alleging violations of the ADA. With a focus on litigation trends and risk mitigation strategies, this discussion is vital for businesses striving to ensure compliance and protect their digital assets in a complex legal environment. Gain practical insights on assessing and improving website accessibility and learn how to establish a robust ADA risk management program to shield your business from potential legal challenges.

In this special crossover episode between Moving the Metal and The Consumer Finance Podcast, Brooke Conkle, Chris Capurso, and Chris Willis analyze the first 100 days of the second Trump administration, focusing on its impact on the auto-finance industry. They discuss the anticipated enforcement slowdown by the Consumer Financial Protection Bureau (CFPB), unexpected halts in supervisory activities, and leadership changes at the Federal Trade Commission and CFPB. The conversation highlights the administration's focus on consumer fees, the evolving role of state regulators, and shifts in discrimination theories impacting compliance practices. This episode provides insights into strategic regulatory changes and offers guidance for navigating the complexities of the auto-finance sector in 2025.