Weekly Fintech Focus

  • The CFPB sent orders to five large BNPL companies seeking information on their business practices and regulatory posture.
  • The CFPB published its Fall 2021 rulemaking agenda, giving some insight into what the next year holds for CFPB activity.
  • The CFPB renewed its call for tech workers to become whistleblowers related to potential violations of consumer financial laws.
  • The CFPB published updated FAQs related to EFTA and Regulation E.

Continue Reading Fintech Legal Report – Week of December 17, 2021

Weekly Fintech Focus

  • The CFPB and OCC are taking a keen interest in bank overdraft practices.
  • The CFPB is working to encourage coordination with states on enforcement actions and to target repeat corporate offenders.
  • CFPB and HUD once again encourage the use of Special Purpose Credit Programs to remedy historical discrimination.
  • The Kansas City Fed issued a report on Buy Now Pay Later programs.
  • The FTC and DOJ meet with G7 counterparts to discuss competition issues for digital markets.
  • The FTC spotlights a rapid increase in gift card scams.

Continue Reading Fintech Legal Report – Week of December 10, 2021

Under the leadership of its new Director, Rohit Chopra, the Consumer Financial Protection Bureau (CFPB) appears poised to take a more active supervisory and enforcement posture, including with respect to Fintech – a sector that has not historically been a focus for the agency.  Since taking office on October 12th, Director Chopra has made various public statements indicating concerns about the growing role of technology companies in providing financial services to consumers.  To that end, his first official action was a sweeping information request issued to large tech firms that offer payments products, seeking information about, among other things, data privacy and security practices.  Although it is not clear what actions the CFPB may take, there is no doubt that Fintech is in the agency’s crosshairs like never before.

For more information, please visit Perkins Coie’s White Collar & Investigations Blog, White Collar Briefly.

Weekly Fintech Focus

  • Acting Comptroller of the Currency gave a speech describing his vision for supervising crypto and fintech firms in similar ways to banks.
  • The FTC issued enforcement policy guidance related to subscriptions and negative option marketing to tighten compliance.
  • The FTC issued a final rule amending the GLBA Safeguards Rule to cover “finders” and to significantly increase certain requirements for financial institution security requirements.

Continue Reading Fintech Legal Report—Week of November 5, 2021

Weekly Fintech Focus

  • In a broad order, CFPB seeks information from big tech payment platforms about their products, practices, and customer data.
  • CFPB cracks down on prison financial services company for unfair and abusive acts and practices.

Continue Reading Fintech Legal Report—Week of October 22, 2021

Weekly Fintech Focus

  • Senators seek information about the CFPB’s agenda for fintech
  • OCC’s Acting Comptroller testifies before the Senate
  • Financial regulators updated guidance on authentication and access to services
  • FTC supports Fed’s efforts to update Regulation II to improve compliance with dual debit network availability
  • OFAC takes action against a payments company for sanctions violations
  • CFPB blogs on consumer benefits and risks of Buy-Now, Pay-Later
  • FINRA issues a report addressing cloud computing adoption by member firms
  • BIS issues a bulletin encouraging entity-based regulation of Big Tech companies

Continue Reading Fintech Legal Report—Week of August 27

Weekly Fintech Focus

  • President Biden issues an executive order on competition with implications on open banking, UDAAP enforcement, and pricing disclosures.
  • Federal banking regulators seeking to standardize guidance on third-party risk management, seek public comment.
  • FFIEC updates and expands the Operations Booklet of its IT Examination Handbook to address technology risk management expectations for cloud computing and other evolving technologies.
  • FinCEN issues a list of AML priorities as well as considers engaging in a no-action letter process.
  • Colorado becomes the latest state to repeal its ban on credit card surcharges.
  • President Biden signs Congressional Review Act resolution rescinding OCC’s True Lender Rule—now what?

Continue Reading Fintech Legal Report—Week of July 16