Category: Electronic Payments

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Fintech Week in Review: Week of November 22, 2019

The Fed Chairman Comments on Potential for a US-backed Digital Currency Jerome Powell, Chairman of the Federal Reserve, wrote to Congress this week discussing the merits of implementing a central bank digital currency (CBDC) in the U.S. The letter responds to a number of questions posed by lawmakers regarding the value that a digital currency … Continue Reading

Fintech Week in Review: Week of November 15, 2019

California Prohibits Clinics from Using Deferred Interest Provisions California signed into law SB-639 that prohibits medical and veterinary clinics and their agents and employees from establishing open-end credits or loans that include deferred interest provisions in an effort to protect patients and pet owners from signing up for certain credit, including credit products that accrue … Continue Reading

Fintech Week in Review: Week of October 11, 2019

OCC to Host Innovation Office Hours During Money20/20 On October 28, 2019, the Office of the Comptroller of the Currency (“OCC”) will hold Innovation Office Hours in Las Vegas, Nevada at The Venetian Hotel during the Money20/20 conference (October 27-30). During the Innovation Officer Hours, the OCC’s Office of Innovation staff meets one-on-one with fintech … Continue Reading

Fintech Week in Review: Week of October 4, 2019

Increase to the Management Interlock Threshold Rule Approved The Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (the “Federal Reserve”), and the Federal Deposit Insurance Corporation (“FDIC”) approved a change to the thresholds in the major assets prohibition for management interlocks stated in the Depository Institution … Continue Reading

Fintech Week in Review: Week of September 27, 2019

CFPB and FTC to Host Credit Reporting Accuracy Workshop The Federal Trade Commission (“FTC”) and the Consumer Financial Protection Bureau (“CFPB”) recently announced that they will be hosting a public workshop on December 10, 2019 to discuss issues related to the accuracy of credit reports and background screening reports for employment and housing rental purposes. … Continue Reading

Fintech Week in Review: Week of September 20, 2019

California Governor to Consider Capping Rate on Finance Lender Loans The California State Assembly passed Assembly Bill 539, the Fair Access to Credit Act (FACA), with a vote of 61 to 8. FACA prevents licensed finance lenders from charging more than 36% (plus the federal funds rate) on consumer loans between $2,500 and $10,000. Reports … Continue Reading

Fintech Week in Review: Week of September 6, 2019

Domestic CSBS Suit Challenging OCC Fintech Charter Dismissed For the second time, a federal judge has dismissed a suit brought by the Conference of State Bank Supervisors (“CSBS”) seeking to block the Office of the Comptroller of the Currency (“OCC”) from offering a national fintech banking charter. Judge Dabney Friedrich of the D.C. Circuit again … Continue Reading

Fintech Week in Review: Week of August 30, 2019

CFPB fines company for allegedly deceiving customers The Consumer Financial Protection Bureau (“CFPB”) issued a consent order against a Texas money transmitter who communicated to customers that it would not be responsible for “errors made by banks or payment agents, or for any other reasons out of our control.” The company, Maxitransfers Corporation, focuses its … Continue Reading

Fintech Week in Review: Week of August 9, 2019

U.S. Developments Federal Reserve to Build Real-Time Payments System After years of speculation, the Federal Reserve announced this week it will create a real-time payments system, which it expects to be live by 2023 or 2024. The system, the FedNow Service, was announced by Federal Reserve Governor Lael Brainard during a speech at the Federal … Continue Reading

Fintech Week in Review: Week of August 2, 2019

U.S. Developments FinCEN and Others Issue Joint Statement on BSA/AML Examinations The Financial Crimes Enforcement Network (FinCEN) and several other federal banking regulators, including the Federal Deposit Insurance Corporation, National Credit Union Administration, the Office of the Comptroller of the Currency, and the Board of Governors of the Federal Reserve, issued a joint statement on … Continue Reading

Fintech Week in Review: Week of July 26, 2019

U.S. Developments Regulatory Developments House Task Force Looks to Allow Alternative Data for Credit Scoring A newly formed U.S. House of Representatives task force, the Financial Technology Task Force, held a hearing this week to discuss a proposed bill that would allow new types of data to appear on consumer credit reports, including items like … Continue Reading

Federal Bank Regulators Issue Joint Statement on Collaborative BSA/AML Compliance

On October 3, 2018, a group of federal bank regulators and FinCEN announced in a joint statement that banks and credit unions could collaborate and share resources to manage their Bank Secrecy Act (“BSA”) and anti-money laundering (“AML”) obligations.  A collaborative arrangement does not modify or abrogate any of the bank’s BSA/AML obligations, and the … Continue Reading

SEC Takes Aim at Initial Coin Offerings Again

The SEC is targeting ICOs once again, but it is now adding more focus through its new Enforcement Division Cyber Unit. In its enforcement settlement with Munchee, Inc., the SEC looked past the utility of a “utility token” in its “securities” analysis and instead focused on aspects such as marketing and the existence of a … Continue Reading

CFTC Virtual Currency Proposed Interpretation – Part 2

On December 15, 2017, the U.S. Commodity Futures Trading Commission (the “CFTC”) issued a proposed interpretation of the term “actual delivery” as used in the provision of the Commodity Exchange Act (the “CEA”) that grants the CFTC explicit authority to oversee the marketplace for “retail commodity transactions.”  This is the second blog posting in a … Continue Reading
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