Buy Now Pay Later

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We’re pleased to offer an early preview of an upcoming episode of the Consumer Finance Monitor Podcast—and this is one you won’t want to miss.

In about a week, we’ll be releasing a special episode featuring Max Dubin, Chief of Staff to the Acting Superintendent of Banking at the New York Department of Financial Services (DFS) in conversation with our host Alan Kaplinsky, the founder, former Chair and now Senior Counsel of the Consumer Financial Services Group at Ballard Spahr. Max… Continue Reading

Although an interpretive rule that made Buy Now Pay Later (BNPL) services subject to the Truth in Lending Act has been withdrawn, the issue remains a flashpoint in the industry and among policymakers, according to the Congressional Research Service (CRS).

“Whether BNPL providers should be subject to the Truth in Lending Act (TILA, 15 U.S.C.… Continue Reading

The Department of Housing and Development is seeking information about the impact that the frequent use of Buy Now, Pay Later (BNPL) products may have on borrowers’ ability to meet housing-related expenses, including rent or mortgage payments. Comments are due on or before August 25, 2025.

“The rise of BNPL lending raises important questions about how it may impact housing affordability and stability,” the department said, in issuing a Request for Information.… Continue Reading

Having previously announced that it was withdrawing its Buy Now, Pay Later rule, the CFPB recently said that it does not intend to issue a revised rule.

“The Bureau has determined that it does not intend to reissue the BNPL Interpretive Rule because it was procedurally defective and the interpretation included therein applied ill-fitting open-end credit regulations to BNPL products, which are generally structured as closed-end loans,” the CFPB said, in a status report it submitted in a lawsuit filed by the Financial Technology Association.  … Continue Reading

The CFPB will not make enforcement of its Buy Now, Pay Later rule a priority, according to a recent statement.

“The Bureau will instead keep its enforcement and supervision resources focused on pressing threats to consumers, particularly servicemen and veterans,” CFPB officials said in a statement. “The Bureau takes this step in the interest of focusing resources on supporting hard-working American taxpayers, servicemen, veterans, and small businesses.… Continue Reading

The CFPB intends to revoke its Buy Now, Pay Later interpretive rule, according to a status report and joint motion to stay filed by the Bureau and the Financial Technology Association (FTA) in a case brought by the FTA challenging the rule.

The revocation is one of several steps the Trump Administration is taking to reverse Biden Administration CFPB actions.… Continue Reading

Alleging that the CFPB rushed to promulgate its interpretive rule, and exceeded its authority in doing so, the Financial Technology Association has filed suit against the bureau in the U.S. District Court for the District of Columbia, contending that the rule falls short on several counts.

Among other things, in the suit, the FTA contends that federal law, the Administrative Procedure Act, required the CFPB to treat the rule as a legislative rule, and, therefore, to go through the notice and comment process in issuing the rule.… Continue Reading

Today’s podcast, which repurposes a recent webinar, is the first in a two-part examination of the CFPB’s use of an interpretive rule, rather than a legislative rule, to expand regulatory requirements for buy-now, pay-later (BNPL) products. Part Two, which will be available next week, will focus on the CFPB’s use of a proposed interpretive rule to expand regulatory requirements for earned wage access (EWA) products.… Continue Reading