Developments and Commentary

OCC Issues Third-Party Relationship Supplemental Examination Procedures

On January 24, 2017, the Office of the Comptroller of the Currency (the “OCC”) issued examination procedures to supplement its 2013 guidance Third-Party Relationships: Risk Management Guidance.  The examination procedures establish expanded procedures for OCC examiners to employ when assessing a national bank’s or federal savings association’s (collectively, “bank’s”) risk ...

CapitolCFPB Seeks Comments on the Credit Card Market for Its 2017 CARD Act Report

The Consumer Financial Protection Bureau recently issued a request for information (the RFI) regarding the consumer credit card market. The CARD Act (Pub. L. No. 111–24, 123 Stat. 1734 (2009)) requires the CFPB to publish a biennial report on the state of the credit card market, and responses to the ...

Developments on the OCC’s Initiative for Fintech Companies

Since Comptroller of the Currency Thomas J. Curry announced last December that the OCC will move forward to consider granting special purpose national bank charters to financial technology companies—under the OCC’s existing authorities—the banking industry has grappled with the various dimensions of the agency’s “responsible innovation framework.”  Soon after the ...

The Latest Survey of UDAAP Activities

Adam Maarec, member of DWT Payments Team, along with John C. Morton, member of Gordon Feinblatt’s Financial Services Practice Group, recently published an updated survey of activities identified by the Dodd-Frank Act as unfair, deceptive, or abusive related to consumer financial products. The survey covers relevant UDAAP activities that occurred ...

Payment iconsDraft New Law Will Change the Regulatory Landscape for E-Commerce in China

China’s e-commerce market, with an annual turnover of more than 3.8 trillion yuan last year, has become the largest in the world. The various laws and regulations that were enacted by different authorities at different times can no longer keep up with the new issues and new challenges. With the ...

Resource Updates

NYPAY Presentation - ImageThe OCC Fintech Charter: A New Model for Tech-Enabled Financial Services?

On February 21, DWT Payments team members Andy Lorentz and Tom Scanlon took part in a discussion organized by NYPAY that focused on the prospects of the OCC special purpose fintech charter. The questions discussed included, “Will the concept survive the many challenges it can be expected to attract, including from fellow ...

SoFi Settlement Provides Lessons for Lenders Marketing “Soft Pull” Preapprovals

DWT Payments team member Adam Maarec recently authored an article entitled “SoFi Settlement Provides Lessons for Lenders Marketing ‘Soft Pull’ Preapprovals” for the September/October 2016 issue of the FinTech Law Report. The full text of the article appears below (reprinted with permission from volume 19 of FinTech Law Report on Westlaw. © ...

capitolThe 2015 CARD Act Report

Following their prior post on the CARD Act Report, Payments team members Andrew Owens and Adam Maarec authored an article entitled “The 2015 CARD Act Report” for the November 2016 issue of The Review of Banking & Financial Services. The abstract for the article is as follows: The CFPB’s biennial report ...

Assessing the Utility of CARD Act Disclosures

PLA has for many years posted elite academic research questioning the utility of CARD Act disclosures.  For example, in 2013 we posted Regulating Consumer Financial Products: Evidence from Credit Cards by Sumit Agarwal from Georgetown University, Souphala Chomsisengphet from the Office of the Comptroller of the Currency, Neale Mahoney from the University of Chicago ...

Legal Developments Affecting Credit Card Steering Rules

PLA today posts a decision from the Second Circuit enforcing American Express’s contractual prohibition against steering (see United States v. American Express Company). Reversing a district  court opinion that barred these contractual terms for allegedly violating antitrust laws, the Second Circuit decision appears to allow Amex to prohibit merchants from: “offering ...