News & Analysis as of

Peer-to-Peer

Ballard Spahr LLP

CFPB to file amended complaint against Solo Funding, Inc. which will moot motion to dismiss based in part on CFPB’s unlawful...

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We recently reported that on August 15, 2024 Solo Funding, Inc. (“Solo”) filed a motion to dismiss in its entirety an enforcement complaint brought by the CFPB against Solo (a company that facilitates peer-to-peer small...more

Hudson Cook, LLP

CFPB Bites of the Month Webinar Recap: The CFPB and the Dust of June

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In this month's article, we share some of our top "bites" covered during the June 2024 webinar....more

Procopio, Cory, Hargreaves & Savitch LLP

Is Your School Ready for the New Recess Rules?

Starting in the upcoming 2024-25 school year, new requirements are going into effect for elementary school recess in California, including at charter schools. These changes will impact public schools that offer recess in...more

Ballard Spahr LLP

CFPB alleges dark patterns in suit against fintech peer-to-peer lender

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On May 17, 2024, the Consumer Financial Protection Bureau (“CFPB”) filed suit against an online lending platform, alleging, among other things, the use of dark patterns to induce consumers to pay tips and donations,...more

Troutman Pepper

Acting Comptroller Michael J. Hsu’s Advice on Preventing the “Next Great Blurring”

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In a recent speech at Vanderbilt University, Acting Comptroller of the Currency Michael Hsu discussed his views on the potential risk of financial instability due to the merging boundaries between banking and commerce. In his...more

Troutman Pepper

Republican Representatives Urge CFPB to Revisit Proposed Payment App Rule

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Recently, three Republican members of the U.S. House of Representatives’ Financial Services Committee, Patrick McHenry, Mike Flood, and French Hill, sent a joint letter to the Consumer Financial Protection Bureau (CFPB or...more

Orrick, Herrington & Sutcliffe LLP

Senate Banking Committee hearing on P2P payment scams calls for updates to EFTA definitions

On February 1, the U.S. Senate Committee on Banking, Housing, and Urban Affairs held a hearing on “Examining Scams and Fraud in the Banking System and Their Impact on Consumers,” and invited three panelists to testify,...more

Ballard Spahr LLP

OCC Risk Perspective Report Focuses on Third-Party Relationships with Fintechs

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In its Fall 2023 Semiannual Risk Perspective, published on December 7, the Office of the Comptroller of the Currency (“OCC”) reported on key issues facing the federal banking system. In evaluating the overall soundness of...more

Ballard Spahr LLP

FinCEN Issues Alert on COVID-19 Employee Retention Tax Credit Fraud

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On November 22, 2023, the Financial Crimes Enforcement Network (“FinCEN”), in close coordination with the Internal Revenue Service (“IRS”) Criminal Investigation (“CI”), issued an alert (“Alert”) regarding the COVID-19...more

Jones Day

CFPB Seeks to Expand Regulatory Powers Over Consumer Payment Tech Entities

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On November 7, 2023, the Consumer Financial Protection Bureau ("CFPB") issued a proposed rule that would grant it supervisory authority over major nonbank technology companies in the consumer digital payments space....more

Proskauer - Blockchain and the Law

Part I: NFT Lending — Legal Issues Involving Secured Transactions under the UCC, Pre- and Post-Article 9 and 12 Amendments

Despite the protracted crypto bear market, innovators in non-fungible tokens (“NFTs”) are hard at work. Gone are the days when NFTs were merely profile pictures (“PFPs”) displayed on a pseudonymous social media account or...more

Ballard Spahr LLP

Zelle offers details on its solution to protect scammed customers

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Last year, we blogged that Zelle was considering possible solutions for P2P customers on the Zelle Network who were the victims of scams. In an August 30, 2023 press release, Zelle announced that it was initiating new safety...more

Troutman Pepper

Big Tech in the CFPB’s Crosshairs: Bureau Proposes to Supervise Larger Technology Companies Offering Digital Wallets and Payment...

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On November 7, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule with request for public comment to amend existing regulations defining “larger participants” the CFPB supervises by adding a new section to...more

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 4: Consumer Reports Evaluates Fintech to Empower Consumers

Delicia Hand, Director of Financial Fairness Advocacy at Consumer Reports, joins RegFi hosts Jerry Buckley and Sherry Safchuk for a conversation about new Consumer Reports initiatives to provide data and tools that empower...more

Walkers

Global Legal Insights Fintech 2023: BVI

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Approaches and developments - The government of the British Virgin Islands (“BVI”) and the BVI Financial Services Commission (“FSC”) – the principal financial services regulator – have progressed important initiatives in...more

Walkers

Regulation of financial platforms and crowdfunding in Guernsey

Walkers on

This briefing is the fifth in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”), and provides an overview of the licensing regime applicable to financial...more

Ballard Spahr LLP

Fintech settles allegations that payment of tips and donations was a hidden interest charge

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A fintech peer-to-peer lender has entered into separate consent orders with California, Washington D.C., and Connecticut relating to its practice of requesting tips and donations in connection with the loans offered through...more

Orrick, Herrington & Sutcliffe LLP

CFPB general counsel highlights risks facing payments industry

On May 9, CFPB General Counsel and Senior Advisor to the Director, Seth Frotman, discussed the evolution of the payments system and its significant impact on consumer financial protection...more

Akerman LLP

Explainer Things: Episode 4

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This season of Explainer Things is progressing nicely, don’t you think? We’ve introduced our recurring characters, like cryptocurrency, data privacy, and CFPB Director Rohit Chopra. We’ve established the tone – lighthearted...more

Goodwin

Peer-to-Peer Lender Agrees to Pay $18 Million to Settle FTC Suit

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​​​​​​​On July 14, 2021, the Federal Trade Commission (FTC) entered into a settlement agreement with a national peer-to-peer personal loan lender to resolve allegations stemming from 2018 lawsuit that the FTC had filed in the...more

Stikeman Elliott LLP

Fintech 2023

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Canadian fintech industries, particularly digital payments, digital trading, robo-advising and open banking, continued to experience significant growth until 2022. The pace of innovation had been accelerated by expansive...more

AEON Law

Patent Poetry: Patent Wars Come to Crypto

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One of the first patent disputes involving cryptocurrencies is being litigated in federal court in Texas. Cryptocurrency firm Veritaseum Capital sued Circle Internet Financial Ltd for alleged infringement of its...more

Ballard Spahr LLP

Potential Zelle solution for scammed P2P customers

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The Wall Street Journal has reported that the seven large banks that own Zelle are discussing possible approaches to fraudulent transactions on the Zelle network. According to the WSJ, the Zelle network rules under...more

Goodwin

Federal Reserve Invites Public Comment on Proposal to Publish Periodic List of Depository Institutions That Have Access to Federal...

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On November 4, the Federal Reserve invited public comment on a proposal to publish a periodic list of depository institutions that have access to Federal Reserve and payment services. These accounts are often referred to as...more

Troutman Pepper

CFPB Seeks Further Input on Shifting P2P Fraud Liability to Banks

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In an October 27 letter, the American Bankers Association (ABA) expressed concern regarding a proposal currently being considered by the Consumer Financial Protection Bureau (CFPB) that would shift liability from consumers to...more

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