CFPB's New Interpretive Rule: Buy Now, Pay Later as Credit Cards
Jul 11, 2024
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Experts Mark Furletti and Jason Cover discuss the CFPB's new interpretive rule on buy now, pay later transactions, its impact on BNPL providers, regulatory challenges, and potential effects on administrative interpretations. They provide critical insights for industry stakeholders navigating this regulatory shift.
CFPB reclassifies BNPL as credit cards under Regulation Z, introducing 'digital user account' concept.
Compliance challenges arise for BNPL providers due to unique regulatory requirements and uncertainties in legal interpretation.
Deep dives
CFPB's Interpretive Rule on Buy-Now-Pay-Later Transactions
The CFPB's recent interpretive rule classified buy-now-pay-later transactions as credit cards under Regulation Z. The rule introduces the concept of a 'digital user account' equating it to a credit card without a precise definition. The rule aims to provide protections similar to credit cards, such as dispute rights with merchants and billing error resolution rights.
Implications of Subpart B and Subpart G Protections
The rule requires compliance with subpart B of Regulation Z for 'non-Card Act, non-charge card credit cards' like digital user accounts. This entails fulfilling account opening disclosures, periodic statements, liability limits, and billing requirements. Notably, the standard subpart G protections do not apply, offering unique challenges for providers in terms of compliance.
Concerns over Timing and Administrative Procedures
The CFPB's expedited compliance deadline of July 30 raises feasibility concerns for providers. The reinterpretation of credit cards without physical manifestation challenges traditional definitions under TILA and Reg Z. The risk of potential litigation due to inconsistencies with statutory definitions and implications regarding administrative procedures looms large, presenting uncertainties for industry compliance going forward.
In this special crossover episode of The Consumer Finance Podcast and Payments Pros Podcast, Chris Willis and Josh McBeain interview two colleagues who delve into the Consumer Financial Protection Bureau's (CFPB) recent interpretive rule that classifies buy now, pay later (BNPL) transactions as credit cards. Mark Furletti and Jason Cover explore the implications of this rule under Regulation Z, including the introduction of the term "digital user account" and its impact on BNPL providers. The discussion covers the regulatory requirements, potential challenges for compliance, and the broader legal context, including the possible effects of the Loper Bright case on administrative interpretations. With a July 30 compliance deadline looming, the episode provides critical insights for industry stakeholders navigating this significant regulatory shift.
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