In Director Chopra’s recent interviews with several news reporting organizations, a persistent theme was the CFPB’s concerns about the entry of big tech companies into financial services, particularly in connection with payments and the companies’ ability to collect and monetize data about consumers. Those concerns are the focus of a new CFPB report issued last
payments
CFPB sends letters to CEOs of major credit card issuers regarding payment furnishing practices
By Michael Gordon & John L. Culhane, Jr. on
The CFPB has sent letters to the chief executive officers of five major credit card issuers regarding their companies’ payment furnishing practices.
In the letters, the CFPB cites a 2020 report in which it provided data showing a decline in the share of credit card tradelines containing actual payment data since 2012. The CFPB states…
CFPB seeks comments to inform inquiry into large technology companies that offer payment services
By Ballard CFS Group on
At the end of last month, the CFPB sent orders to six large technology platforms offering payment services that directs them to provide information to the Bureau about their payments products and services and their collection and use of personal payments data.
On November 5, 2021, the CFPB published a notice in the Federal Register…
Texas federal district court rules in favor of CFPB in challenge to its Payments Rule and extends compliance-date stay for 286 days
By Ballard CFS Group on
More than eight months after the close of briefing, the Texas federal district court has finally ruled in the challenge by two industry trade groups to the CFPB’s Payments Rule. The court’s award of summary judgment to the CFPB on the constitutional challenges to the Rule was predictable. We are disappointed that the court failed…
Fed moves up FedNow launch date
By Amy L. Schwartz & Judy Mok on
On February 2, 2021, the Federal Reserve (“Fed”) announced that the launch date for its instant payments platform—FedNow—would be sooner than originally expected. The announcement narrows the delivery timeframe by a full year.
FedNow provides interbank clearing and settlement, which enables funds to be transferred between banks and credited to accounts in near…
This week’s podcast: An introduction to real-time payments
By Barbara S. Mishkin on
Posted in Payments, Regulatory and Enforcement
After discussing what real-time payments are and how they differ from fast payments, we look at the benefits of RTPs and potential for fraud, issues arising from the Fed’s plans to launch a RTP service, the laws and rules applicable to RTPs and how they bear on loss allocation, the pandemic’s effect on RTPs, and…
Fed announces details of real-time settlement service to support instant payments
By Judy Mok on
The Federal Reserve Board recently issued a Service Announcement setting forth the details of its FedNow Service, a new 24x7x365 interbank settlement service with clearing functionality to support instant payments in the United States.
The Fed announced its decision to develop the FedNow Service in a notice and request for comment issued in August 2019. …
This week’s podcast: A first look at the plans of the Office of the Comptroller of the Currency for a national payments charter
By Barbara S. Mishkin on
Acting Comptroller Brooks recently revealed the OCC’s plans to create a national payments charter for payment processing companies. After discussing the new charter’s intended purpose and benefits, we look at the OCC’s planned two-phase roll-out, how a payments charter would differ from the OCC’s fintech charter, other charter options for non-bank payment processors, and possible…
OCC payments charter quickly generates industry concern
By Scott A. Coleman & Mindy Harris on
As we reported, Acting Comptroller of the Currency Brian Brooks has previewed the OCC’s plans to introduce another special purpose national bank charter that would give payment companies a nationwide servicing platform and federal preemption of state laws regarding licensing and regulation of money transmitters and payment services providers. Acting Comptroller Brooks’ statements drew…
Senate Banking Committee to hold June 30 hearing on digitization of money and payments
By Barbara S. Mishkin on
Posted in Payments, Regulatory and Enforcement
The Senate Banking Committee will hold a hearing tomorrow, June 30, titled, “The Digitization of Money and Payments.”
The witnesses will include Charles Cascarilla, Chief Executive Officer and Co-Founder, Paxos, and Professor Nakita Q. Cuttino, Visiting Assistant Professor of Law, Duke University School of Law.