On April 24, 2012, the Consumer Financial Protection Bureau (“CFPB”) issued a “Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements” (“Request”). The Request, which the CFPB describes as a “preliminary step” in its study of consumer arbitration as required by Section 1028…
On 6 February 2012, Citigroup announced that it had received official approval from the China Banking Regulatory Commission (CBRC) to launch a proprietary credit card business in China. The business will cover both retail and commercial cards, and is likely to be launched later this year. On 19 March, Citigroup…
For a consumer-card lawyer, working on commercial card agreements and disclosures (see the examples linked here and here) is somewhat like learning a foreign language. Many opportunities arise to use what you know, but many “false friends” require special care. Summarized below are some of the more notable differences and similarities: Typology/Utility: Consumer cards generally… Continue Reading
A New Meaning to “Eat and Run”? Restaurants and Mobile Payments
Many mobile payment systems tailored for restaurants and other food vendors were introduced in 2011. Restaurant-industry insiders say 2012 could be a year of widespread adoption of these systems – and possibly a shakeout among them. Set forth below is a brief overview of leading systems, followed by a discussion of key legal and network-rules… Continue Reading
On 6 February 2012, Citigroup announced that it had received official approval from the China Banking Regulatory Commission (CBRC) to launch a proprietary credit card business in China. The business will cover both retail and commercial cards, and is likely to be launched later this year. On 19 March, Citigroup sold its stake in Shanghai… Continue Reading
Visa and China Union Pay: An Update on Their Struggle
Once upon a time, China Union Pay (“CUP”) was a department of the People’s Bank of China and needed help in establishing and maintaining a bank-card payment network in China. Visa provided CUP with this assistance, and CUP, together with various Chinese banks, became members of Visa. The first draft of CUP’s rules bore an… Continue Reading
This presentation was originally given at the RAMP Advanced Commerce and Mobile Retail Summit in Chicago, IL on April 4, 2012. DWT lawyers Randy Gainer, Andrew Lorentz, Ronnie London, and James Mann covered the following topics: An Overview of the Mobile Payments Ecosystem Financial Privacy Requirements Data Security and PCI Compliance Mobile Communications Regulation To… Continue Reading
Mobile banking is a relatively new channel for delivering banking products and services that is rapidly gaining popularity. As with any new technology deployed for financial services, there are risks associated with the use and storage of personal information of the user. A recent article by Jeffrey M. Kopchik in the FDIC’s Winter edition of… Continue Reading
The Consumer Financial Protection Bureau (“CFPB”) released its first “Consumer Response Annual Report” on March 31, 2012 (“Annual Report”), summarizing over 6,000 consumer credit card complaints that the CFPB received from July 21 through December 31, 2011. According to the Annual Report, the most common complaints related to billing disputes, identity theft/fraud/embezzlement and APR/interest rates,… Continue Reading
Federal Trade Commission Hosts Public Workshop on Mobile Payments
On April 26, 2012, the Federal Trade Commission (“FTC”) held a public workshop entitled “Paper, Plastic . . . or Mobile? An FTC Workshop on Mobile Payments” to examine the use of mobile payments in the marketplace and their impact on consumers. The workshop provided information on the nascent mobile payments industry and a forum… Continue Reading
On April 24, 2012, the Consumer Financial Protection Bureau (“CFPB”) issued a “Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements” (“Request”). The Request, which the CFPB describes as a “preliminary step” in its study of consumer arbitration as required by Section 1028 of the Dodd-Frank Act, seeks… Continue Reading
FinCEN Proposes Customer Due Diligence Requirement of Beneficial Ownership Identification to Enhance Federal Anti-Money Laundering and Counterterrorism Efforts
On Feb. 29, 2012, the Financial Crimes Enforcement Network (FinCEN) issued an advance notice of proposed rulemaking (ANPR) seeking comments on a proposed customer due diligence (CDD) regulation that would explicitly require covered financial institutions to institute defined programs to identify the real or beneficial ownership of accountholders. FinCEN noted in its ANPR that there… Continue Reading
Our Payments Team addresses changes and continuities in the payments industry every day—leveraging our many years of industry experience and our presence on both coasts and in China. On paymentlawadvisor, we offer commentary on new developments that seem particularly significant, as well as resources that we believe can be helpful to others who are tasked with anticipating, understanding and addressing these developments.