CFPB's Larger Participant Rule for Consumer Payments
Jul 11, 2023
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In this discussion, experts unpack the CFPB's larger participant rule for consumer payments and its significance for the payments industry. They explore the Bureau's growing supervision, revealing the impact on consumer protections and the rise in payment complaints. The conversation highlights the potential regulatory reach over P2P platforms and how UDAP enforcement could reshape payment processing standards. Finally, they anticipate compliance challenges ahead and stress the need for robust systems to prepare for forthcoming regulatory changes.
The CFPB's new larger participant rule aims to enhance regulatory oversight of consumer payment companies, reflecting a significant shift in compliance expectations.
Concerns about rising consumer fraud have prompted the CFPB to seek substantial regulatory changes, particularly impacting existing laws like the Electronic Fund Transfer Act.
Deep dives
CFPB's New Larger Participant Rule for Payments
The CFPB announced an upcoming larger participant rule aimed at expanding oversight over consumer payment companies, surprising many in the industry. This development follows the Bureau's increasing use of its supervisory authority, which has included numerous inquiries aimed at identifying larger participants under existing rules. The announcement signals a shift towards more aggressive regulation, likely targeting non-bank entities that may not have been subject to previous supervisory exams. Industry experts believe this could lead to significant changes in compliance requirements for payment processing companies as the Bureau ramps up its efforts to safeguard consumer interests.
Focus on Consumer Fraud and Regulatory Response
Concerns about consumer fraud, particularly involving payment apps, have prompted the CFPB to seek greater regulatory oversight in the payments sector. The Bureau's previous efforts, such as issuing orders to collect information from major technology companies in the payment space, reflect its awareness of the evolving landscape and the complexities associated with consumer protection. Complaints related to payment fraud have notably risen, including an increase among service members, prompting the Bureau to recommend changes in industry practices to mitigate these issues. This proactive approach indicates the CFPB's recognition of the need for better consumer protections and a more robust response to fraudulent activities.
Implications for Existing Regulations and Future Compliance
The proposed larger participant rule could lead to significant implications for existing regulations, particularly the Electronic Fund Transfer Act (EFTA) and Regulation E, affecting liability associated with fraudulent transactions. Industry insiders suggest that the CFPB may push for changes that could redefine what constitutes an 'error' in fraudulent transfer scenarios, thereby increasing the accountability of financial institutions. Furthermore, the Bureau is likely to leverage its authority to drive compliance with existing state laws and private industry rules, potentially leading to a broader interpretation of unfair, deceptive, or abusive acts or practices (UDAP) in the payments space. This regulatory pressure on payment companies creates a critical need for improved compliance frameworks and practices ahead of the expected finalization of the new rules.
In this episode of Payments Pros, our hosts Keith Barnett, Carlin McCrory, and Josh McBeain join their colleague Chris Willis to discuss the Consumer Financial Protection Bureau's (CFPB) larger participant rule for consumer payments mentioned in its 2023 semiannual rulemaking agenda. During this podcast, they examine a myriad of topics concerning this rule, including the following:
The current trend of CFPB supervision and why the CFPB is proposing this larger participant rule;
The influence on the substantive law governing some aspects of payments;
The implication of CFPB examinations of payments companies for the development of the law or regulatory expectations related to Reg E;
How the CFPB might use UDAAP in the payments space to drive sought-after industry changes or remediations; and
The anticipated timeline for the proposed rule.
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