A number of Womble Bond Dickinson attorneys attended and participated in the American Bar Association Business Law Section Consumer Financial Services Committee Winter Meeting held on Jan 24-27 at the Four Seasons in Las Vegas.
- Tyler Bridegan and Genevieve Walser-Jolly (moderator) took part in a panel discussion titled “A Year in Review: Developments in Consumer Financial Services Enforcement and Privacy Litigation.” The past year has seen a marked shift in the privacy and data security enforcement landscape for consumer financial services. Under the second Trump administration, federal agencies—including the Consumer Financial Protection Bureau, the Federal Trade Commission, and federal banking regulators—have taken a more restrained approach to privacy and cybersecurity supervision and enforcement. In response, state regulators, attorneys general, and private litigants have increasingly stepped in to shape the contours of compliance and accountability.
- Aaron Kouhoupt moderated a discussion on “Earned Wage Access – Federal and State Legislation and Enforcement Developments.” State legislatures have continued to adopt Earned Wage Access (“EWA”) laws authorizing and regulating EWA products. At the same time, some state Attorneys General have filed enforcement actions alleging the products are subject to existing state loan licensing and usury laws while other Attorneys General have issued opinions concluding the opposite. The CFPB’s withdrawal of federal guidance addressing EWA products has created uncertainty regarding federal treatment of the product, while private civil litigation seeks to clarify that treatment through the courts under both state and federal law. Panelists discussed the current federal and state landscape impacting these products and the risks companies face in offering the products.
- Jeff Topor was part of a panel discussion on, “CFPB Continues Deregulatory Push Amid Its Uncertain Future -- Where Do Debt Collection Regulations Stand?” This panel covered:
- Litigation Since Regulation F
- How the Loper decision could impact the rule in the Courts
- Will the Trump Administration revisit Regulation F? and
- Guidance and amicus briefs that the Trump Admin CFPB has pivoted on.
- Jim Milano participated in a panel discussion titled “Equity Solves Problems Debt Cannot – Home Equity Access Programs.” Also known as home equity contracts, home equity investments, and shared equity agreements, these instruments are marketed as a means to access a residence’s value without the extensive credit underwriting, draw and amortization periods, interest charges, and other features typical of traditional home equity loans and lines of credit. Disbursements are lump sums at closing, simple interest is replaced with upfront transaction fees, and balloon payments are reframed as buyouts. This panel discussed the growth of this market over the last ten years, the range of typical features built into the products, how pricing compares within the market for home equity products, how they are serviced and sold on the secondary market, the benefits and risks to consumers, and how the existing regulatory framework may govern these products.
Also attending were Womble attorneys Mark Edelman, Kelly Lipinski, Rachael Aspery, and Julie Lopez.
In January 2026, Womble Bond Dickinson added a 36-member Consumer Financial Services team. This team includes 19 attorneys and a dedicated licensing team that supports nationwide regulatory compliance at scale, significantly expanding the firm’s consumer financial services capabilities.