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Chris Willis

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Chris is the co-leader of the Consumer Financial Services Regulatory practice at the firm. He advises financial services institutions facing state and federal government investigations and examinations, counseling them on compliance issues including UDAP/UDAAP, credit reporting, debt collection, and fair lending, and defending them in individual and class action lawsuits brought by consumers and enforcement actions brought by government agencies.

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In this installment of The Consumer Finance Podcast’s point‑of‑sale finance series, Chris Willis is joined by colleagues Jason Cover and Taylor Gess to break down how electronic contracting really works in modern point‑of‑sale credit programs. They explain the interplay between state Uniform Electronic Transactions Act (UETA) laws and the federal E‑SIGN Act, including when you need formal E‑SIGN consent, how E-SIGN preemption of state UETA adoptions operates, and the general rule of validity. The conversation walks through practical design issues for online and mobile flows, clear and conspicuous disclosures, and “click‑to‑agree” mechanics, as well as pitfalls like relying on E‑SIGN where a statute still requires a specific delivery method. The episode closes with a forward‑looking discussion about agentic artificial intelligence, how existing “electronic agent” concepts in UETA and E‑SIGN may apply, and what point‑of‑sale creditors should be watching as technology and contracting practices evolve.

On May 5, the U.S. Court of Appeals for the Second Circuit issued its long‑awaited decision on remand in Cantero, again holding that New York’s 2% interest‑on‑escrow statute (General Obligations Law § 5‑601) is preempted as applied to national banks. This follows the U.S. Supreme Court’s unanimous 2024 opinion (discussed here), which vacated the Second Circuit’s earlier decision and instructed the court to apply the Barnett Bank “prevents or significantly interferes” standard through a “nuanced comparative analysis” of prior preemption precedents.

Today, the Consumer Financial Protection Bureau (CFPB or Bureau) released its final rule revising the 2023 small business lending data collection and reporting rule under the Equal Credit Opportunity Act (ECOA) and Regulation B, which implements Section 1071 of the Dodd-Frank Act (2026 Final Rule). The 2026 Final Rule will become effective 60 days after publication in the Federal Register, and the compliance date for initial data collection is January 1, 2028.

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke Partners Stefanie Jackman and Brent Hoard to take a close look at the world of medical debt collection. The discussion covers how HIPAA applies to medical debt, what it really means to be a “business associate,” and common privacy challenges that can turn routine collection efforts into regulatory headaches. They also focus on key federal and state debt collection regimes, including the FDCPA, the No Surprises Act, and increasingly complex credit reporting requirements. The group provides insight on collection strategies for health care providers and third-party collectors that are both compliant and workable in practice. For anyone handling medical-related receivables, this episode serves as a practical guide to safeguarding patient information, maintaining tax-exempt status, and enhancing collections while staying within regulatory boundaries.

Recent reporting from the ABA Banking Journal and the American Banker describes a rapidly evolving restructuring of the Consumer Financial Protection Bureau (CFPB or Bureau) under the Trump administration, with significant implications for the agency’s future role and for regulated entities.

In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Joe DeFazio, Brad Knapp, and Punit Marwaha for a practical introduction to consumer bankruptcy from the creditor’s perspective. The panel walks through the core bankruptcy chapters that consumer financial services companies encounter most often and explains how the automatic stay, co-debtor stay, and discharge injunction operate in real-world servicing and collection environments. They discuss treatment of secured and unsecured debts, reaffirmation agreements, and hot-button issues like the dischargeability of qualified education loans. The conversation also highlights common traps for mortgage servicers, auto lenders, and unsecured creditors, including repossessions, garnishments, foreclosure timing, and plan objections, as well as preference actions and clawbacks.

In this special joint episode of Payments Pros and The Consumer Finance Podcast, guest host Taylor Gess joins Chris Willis and Lori Sommerfield to unpack fair lending risks in point-of-sale finance. They explain how traditional fair lending concepts under the Equal Credit Opportunity Act and Fair Housing Act play out when merchants interact directly with consumers, highlighting risks around discouraging credit applications, discretionary offers, differential assistance, and steering between prime and subprime products. The conversation explores practical risk mitigation tools, such as standardized sales scripts and consumer disclosures, merchant training, and attorney-directed mystery shopping, along with lessons drawn from unfair or deceptive acts or practices enforcement in point-of-sale settings.

On April 22, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its final rewrite of Subpart A of Regulation B (Reg B) under the Equal Credit Opportunity Act (ECOA), which eliminates disparate impact from enforcement of ECOA, clarifies the prohibition on discouraging prospective applicants, and establishes new restrictions on special purpose credit programs (SPCPs). The Bureau has largely finalized the rule as proposed, with only clarifying edits rather than substantive revisions. Notably, the Bureau did so after receiving approximately 64,500 comments on the proposal from industry, consumer advocates, state attorneys general, and members of Congress. The rule will become effective 90 days after publication in the Federal Register.

On March 13, the Consumer Financial Protection Bureau (CFPB or Bureau) released its draft Strategic Plan for FY 2026–2030 and accepted public comment through April 17. The plan, required under the Government Performance and Results Act, sets the Bureau’s mission and priorities for the next four years and explicitly aligns the CFPB’s regulatory strategy with President Trump’s pro‑growth, deregulatory agenda.

On April 17, the Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (Federal Reserve), and Federal Deposit Insurance Corporation (FDIC) (collectively, the federal agencies) issued revised interagency guidance on model risk management. The guidance updates and consolidates supervisory expectations for how banks manage the growing use of models across their businesses and effectively manage those risks, while rescinding prior guidance issued by each agency. The updated guidance is principles-based and risk-based, rather than prescriptive, and the federal banking agencies emphasize that model risk management should be tailored to a bank’s model risk profile, as well as the size and complexity of its operations. The agencies further state that non-compliance with the guidance itself will not, standing alone, result in supervisory criticism. That said, weak model risk management can still lead to findings of unsafe or unsound practices or violations of law.