By Kelly Zemil on Posted in Regulatory and ComplianceAmong the announcements in its Spring 2017 rulemaking agenda, which was just released on July 20, the Consumer Financial Protection Bureau (CFPB) announced that later this year it plans to issue a Notice of Proposed Rulemaking (NPRM) regarding debt collectors’ communications and disclosure practices.
The CFPB’s guidance is notable both for indic… Read the rest
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 Burt Braverman on Posted in Regulatory and ComplianceAddressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has joined the Seventh Circuit in holding, in the specific context of the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”… Read the rest
By Kelly Zemil and Jonathan Engel on Posted in Regulatory and ComplianceDebt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an existing circuit split and unanimously affirmed a Fourth Circuit holding that a company that collects debts that it had p… Read the rest
By Brian J. Hurh on Posted in Regulatory and ComplianceI. Introduction
A confluence of regulatory activity and policy debates seem to be laying the groundwork for future regulation of consumer financial data aggregation activities. The outcome of these activities could significantly affect how financial data may be shared by financial institutions, controlled by third-party data aggregators, and used… Read the rest
By Brian J. Hurh on Posted in Regulatory and ComplianceIn a recent speech at the Northwestern Kellogg Public-Private Interface Conference, Federal Reserve Board Governor Lael Brainard indicated that the relationships between banks and data aggregators within the “fintech stack” may present safety and soundness concerns that warrant oversight by the FRB (and perhaps other prudential regulators).… Read the rest
By Monami Chakrabarti, James H. Mann and Davis Wright Tremaine on Posted in Regulatory and ComplianceOverview
Should banks, while guarding against rolling episodes of misconduct by bankers, have the ability to blackball employees from the banking industry? A “bad apples” database of bank employees who have acted improperly in prior jobs would help ferret out potential problem employees before they are hired and able to do more bad banking deals… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and ComplianceThe 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 RFI will inform the CFPB’s findings in its forthcomin… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and ComplianceThe Consumer Financial Protection Bureau (CFPB or the “Bureau”) has recently expressed interest in how consumer financial information aggregators and financial services companies interact to share and protect financial data about consumers. Below we provide background on this growing industry, summarize the CFPB’s recent Request for Infor… Read the rest
By Andrew Owens and Davis Wright Tremaine on Posted in Regulatory and Compliance
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 on the consumer credit card market, pursuan… Read the rest
By Davis Wright Tremaine on Posted in Deals and Technology, Regulatory and Compliance
Innovation in the delivery of financial products and services continues at a rapid rate. We discuss below some recent developments at the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency that illustrate the ways in which two key financial services regulators are working to keep up.
CFPB’s Innovation Insights Re… 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 Regulatory and Compliance
On September 7, 2016, attorneys from Davis Wright Tremaine LLP attended Next Money NYC 2016. Next Money featured speakers from across the payments industry and the BBVA Open Talent Pitch Competition where twenty fintech start-ups competed for two € 30,000 prizes. Here are our top takeaways from the conference:
Blockchain Holds Potential to Reshape Di… Read the rest
By Davis Wright Tremaine on Posted in Regulatory and ComplianceThis morning we attended the meeting of the Financial Services Roundtable’s Consumer Working Group, which featured a presentation by David Silberman, Acting Deputy Director of the Consumer Financial Protection Bureau.
Deputy Director Silberman described the Bureau’s rulemaking process, touched on a handful of its ambitions for rules under a ra… 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 Regulatory and ComplianceIn February 2016, hackers stole $81 million from the Bangladesh central bank by sending fraudulent messages through the Society for Worldwide Interbank Financial Telecommunication (SWIFT) messaging system.
Three months later, hackers attempted to steal over $1 million from a commercial bank in Vietnam using a similar method. Since then, almost a doz… Read the rest
By Monami Chakrabarti on Posted in Regulatory and ComplianceOn June 30, 2016, the New York Department of Financial Services (NYDFS) issued a final regulation obliging regulated institutions to meet enhanced requirements for transaction monitoring and filtering programs aimed at preventing Bank Secrecy Act (BSA)/anti-money laundering (AML) violations and transactions with sanctioned entities (the “Fin… 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
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.