FDIC orders neobank to stop making fraudulent deposit insurance representations

Orrick, Herrington & Sutcliffe LLP
Contact

Orrick, Herrington & Sutcliffe LLP

On March 27, the FDIC sent a letter to a neobank demanding that it stop making false or misleading representations about FDIC deposit insurance and take immediate corrective action to address these statements. The FDIC maintained that the neobank and/or its officers made false and misleading statements in English and Spanish suggesting that it is FDIC-insured and that FDIC insurance will protect customers’ cryptocurrency assets. The FDIC explained in the letter that not only is the neobank not FDIC-insured, the FDIC does not insure crypto assets. “By not distinguishing between US-dollar deposits and crypto assets, the statements imply FDIC insurance coverage applies to all customer funds (including crypto assets),” the letter said. Moreover, the neobank also failed to “clearly and conspicuously identify an insured deposit institution for placement of deposits,” the FDIC said in its announcement. Under the Federal Deposit Insurance Act, the announcement added, persons are prohibited “from representing or implying that an uninsured product is FDIC-insured or from knowingly misrepresenting the extent and manner of deposit insurance.” The FDIC requested a response within 15 days.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide