By Davis Wright Tremaine on Posted in Regulatory and ComplianceOn April 12, 2017, the Office of the Comptroller of the Currency (the “OCC”) issued a Retail Lending booklet (“Booklet”) as part of the Comptroller’s Handbook. The OCC’s Booklet outlines a framework for evaluating retail credit risk management activities and discusses the risks associated with retail lending. The Booklet supplemen… Read the rest
By Davis Wright Tremaine on Posted in Financial Services Litigation and EnforcementOn Tuesday May 16th, 2017, Adam Maarec and Joseph Rodriguez participated in a panel at the Conference on Consumer Finance Law’s Annual Meeting in Chicago titled UDAAP Update: Recent Cases and the Future of State AG & Consumer Advocate Activity. Andrew Dougherty from the Illinois Attorney General’s Consumer Fraud Bureau and Daniel Edelman from t… Read the rest
By Davis Wright Tremaine on Posted in OCC Fintech CharterOn 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 regulators? What kind of co… Read the rest
By Davis Wright Tremaine on Posted in Global InsightsChina’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 foregoing background, Chinese lawmakers recently post… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and Compliance
On October 13, the DWT Payments team briefed the Consumer Working Group of the Financial Services Roundtable (FSR) on the CFPB’s final prepaid account rule. The presentation focused on the following topics:
Scope of the Rule
Periodic Statements – and Alternatives
Regulation Z Overdraft
Effectiv… Read the rest
By Davis Wright Tremaine on Posted in OCC Fintech Charter
At ACI’s 13th National Forum on Emerging Payment Systems Conference in Washington, D.C., DWT’s Emerging Payments and Prepaid practice leader, Andy Lorentz, discussed the climate for payments innovation in the context of the OCC’s “FinTech” charter. During the discussion, which was presented as part of a panel entitl… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and ComplianceAt ACI’s recent the 12th National Forum on Emerging Payment Systems in San Francisco, Andy Lorentz, the leader of DWT’s Emerging Payments and Prepaid practice, served as conference co-chair and presented as part of a panel entitled “Mobile Payment Systems and the Challenges Facing Financial Inclusion: Managing the Expe… Read the rest
By Davis Wright Tremaine on Posted in Deals and Technology ResourcesPLA today posts materials prepared by Norm Page, Chair of DWT’s China Practice and Adjunct Professor at the East China University of Political Science and Law, regarding cross-border financing transactions between China and the United States. PLA hopes that these materials will provide those practicing in this area with a thorough reference as wel… Read the rest
By Davis Wright Tremaine on Posted in Privacy and Data SecurityFor retailers, the costs involved with a credit card data breach go well beyond the immediate needs of retaining a privileged forensic investigator, hiring outside counsel and public relations and crisis management advisors, and notifying customers of the breach and offering credit protection services to them.
DWT PrivSec and Payments team member Cou… Read the rest
By Davis Wright Tremaine on Posted in Deals and Technology, Privacy and Data SecurityThe days of swiping a credit card on a card reader are over.
Companies are increasingly exploring new and creative ways to allow their customers to pay for items using smartphones, computers, and mobile technologies. In a webinar scheduled for 12 PM EDT on Thursday, May 12, DWT Privacy and Security and Payments team member Courtney Stout, along with David Ze… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and ComplianceAt this week’s NBPCA Power of Prepaid conference in Washington, DC, DWT Payments team member Adam Maarec joined a panel entitled “Spotlight on CFPB Enforcement: Uncovering Recent Trends, Targets and Priorities Surrounding Prepaid” to discuss, amongst other topics, UDAAP as a CFPB enforcement priority; spotting unfairness, deception, and abu… Read the rest
By Davis Wright Tremaine on Posted in Deals and TechnologyDWT Consumer Financial Services team members Adam Maarec and Allison May attended last week’s Annual Symposium of Women in Housing and Finance, which focused on the impact of financial technology. A few of the most notable comments are summarized below.
Blythe Masters, CEO of Digital Asset Holdings, explained how blockchain technology has the potent… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and ComplianceAt the 2016 Digital Payments Intensive in London, DWT Emerging Payments and Prepaid team leader Andy Lorentz offered attendees insight into some major recent and upcoming developments with respect to regulation of consumer financial services activities in the United States this year. Such developments include everything from pending rules on pre… Read the rest
By Davis Wright Tremaine on Posted in Privacy and Data SecurityHow to Improve Data Security in Payment Systems: Changing Risks and Changing Technology for In-House Counsel Thursday, March 31st, 201612:00 PM EDTDavis Wright Tremaine presents this audio web cast through Celesq® Attorneys Ed Center in partnership with West LegalEdcenter, a Thomson Reuters business.
With new technology behind how credit card tr… Read the rest
By Davis Wright Tremaine on Posted in Deals and Technology, Regulatory and ComplianceThe intersection of technology and financial services innovation raises a host of regulatory questions for new participants, and that’s before thinking about how those regulations are evolving to keep pace with new developments. DWT’s Emerging Payments and Prepaid practice leader Andy Lorentz joined Tommy Nicholas (Co-Founder, Alloy.co), Wre… Read the rest
By Davis Wright Tremaine on Posted in Deals and TechnologyNonprofits engaged in fundraising from the general public have been “crowdfunding” for centuries! Now, however, there is a profusion of online crowdfunding platforms of different types, each with its own benefits and attendant payments-related issues.
Andy Lorentz and David Lawson from the DWT Payments team met with non-profit l… Read the rest
By Davis Wright Tremaine on Posted in Deals and Technology, Regulatory and ComplianceDWT and the Financial Services Roundtable jointly presented a webinar on the CFPB’s latest CARD Act Report and its potential impact on the credit card market in January 2015. In case you missed it (or want to listen again), a recording of the webinar is now available by clicking here.
DWT Payments team members Andy Owens and Adam Maarec were joined by Rich Fo… Read the rest
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.