Regulation


Money rolls

Our new series of thrillers – produced and directed by CustomerXPs and Banking Technology – narrate the tales of the fight between the forces of good (the Clari5 analytics and anti-fraud software) and the forces of evil. Based on real events and guaranteed to keep you on the edge of your seat!

Texas Republican Meets with Trump for CFPB’s Top Job

A Texas Republican under consideration to lead the CFPB met with President-elect Donald Trump last week, Trump Spokesman Sean Spicer confirmed on a Jan. 12 call with reporters, according to The Huffington Post. Former U.S. Rep. Randy Neugebauer, a long-time critic of the bureau and a proponent of repealing the Durbin Amendment and other aspects of Dodd-Frank, could please financial services providers, while putting retailers on edge.

Trade Group Report Offers Post-Brexit Licensing Guidance

With last year’s Brexit decision casting uncertainty on U.K.-based e-money passporting, the Emerging Payments Association (EPA) has released a new report recommending the best options for U.K.-licensed fintech and financial services companies in danger of losing their European Union passporting rights following the U.K.’s exit from the EU.

White House Unveils Fintech Framework for U.S.

Following the OCC’s plans for a special fintech bank charter, which has state regulators and a few Democratic senators up in arms, the National Economic Council (NEC) of the U.S., part of the Office of White House Policy, has published a whitepaper, “A Framework for Fintech,” reports Paybefore’s sister publication Banking Tech.

Deutsche Bank bans texting and messaging apps on work phones

No more texting or using messaging apps such as WhatsApp on company issued phones, Deutsche Bank tells its employees. According to a memo issued by COO Kim Hammonds and chief regulatory officer Sylvie Matherat, the functionality will be switched off this quarter.

Fintechs making strides in PSD2

In November last year, German fintech firm figo completed a financing round that totalled €6.8 million. Figo has developed a banking application programming interface (API) and various products and services related to the Payment Services Directive 2 (PSD2). It is just one of the many fintech firms that are poised to grab the considerable opportunities that PSD2 opens.

Europe a pushover for machine takeover

In another example of glacial bureaucracy, a committee from the European Parliament has written a report which recommends a meeting about robots and artificial intelligence (AI).

Indonesia issues new fintech law for lending firms

The financial services authority (Otoritas Jasa Keuangan or OJK) of Indonesia has issued a new law affecting all fintech P2P lending firms in the country. The new law, applicable to all such business units operating in or intending to set-up in Indonesia, is aimed at protecting the consumer. The new law stipulates that such business […]

U.S. Supreme Court Hears Credit Card Surcharge Case

Credit card surcharges came before the U.S. Supreme Court on Jan. 10, in a case that concerns how much freedom retailers have in telling consumers they are being charged extra for the payment method. Comments from justices suggested that the Supreme Court might send the case back to New York for further review, though it was unclear when a decision would be announced, according to news reports.

PSD2: Who wins?

I was recently asked who the biggest winner would be to emerge post-PSD2, the banks or the fintech firms. If we ignore for a moment that the biggest winners are clearly you and I, the end consumer of these services, it did reveal an interesting thought process and dynamic at play.

House Financial Services Committee Names New Members, Leadership

The newly seated 115th U.S. Congress includes several new faces on one of the most important committees for financial services regulation. House Financial Services Committee Chairman Jeb Hensarling (R-Texas) announced 10 new Republican members who will serve on the committee for the new Congress.

Democratic Senators Oppose OCC Fintech Proposal

A skirmish over the future of U.S. fintech is underway in the new U.S. Senate, with two Democratic senators this week saying a new federal charter governing the industry “could weaken consumer protections, limit competition and threaten financial stability.”

Regtech in 2017: the big sweep

2017 is tipped to be a big year for regtech, with many predicting the beginning of fundamental, tech-enabled transformation of the middle and back office. While the excitement around what the coming year holds for regtech is clear, it could be useful to cast our minds back to December when regtech entrepreneurs and representatives of […]

Country spotlight: Lithuania – the young ones

Banking Technology explores a less known – but a noteworthy – destination for fintech in Europe, Lithuania, and its capital Vilnius. Whilst it is realistic that it cannot compete with the European Goliaths such as London or Paris, it wants to carve its own niche in the fintech space, and has quite a lot to offer.

Trump Taps Wall Street Legal Vet Clayton to Lead SEC

President-elect Donald Trump will nominate Jay Clayton to head the Securities and Exchange Commission (SEC). A partner with law firm Sullivan & Cromwell specializing in mergers and securities offerings, Clayton has advised on many major investment banking deals, including the record-breaking IPO of Chinese e-commerce giant Alibaba in 2014.

CFPB Keeps Focus on Disclosures, Deceptive Marketing with Latest Enforcement

The CFPB’s emphasis on fee disclosures and marketing practices was highlighted in a major way this week, as the bureau levied a $23.1 million enforcement action against credit reporting agencies Equifax and TransUnion over allegedly misstating the cost and usefulness of their products and “luring” customers into recurring payments. Although targeted at credit bureaus, the enforcement action offers key takeaways for payments providers shaping their own compliance efforts to stay out of the CFPB’s cross hairs, according to industry observers.

Fed Study Shows Prepaid Growth Slowing

Prepaid cards accounted for 9.9 billion transactions and $270 billion in spending volume in the U.S. in 2015—an increase of $600 million since 2012—but prepaid growth is slowing as the products become more mainstream, according to a study from the Federal Reserve.

Prepaid Complaints Drop 59 Percent, CFPB Reports

Complaints about prepaid products dropped 59 percent from September through November in 2016 compared with the same period the previous year, according to the latest CFPB Monthly Complaint Report. That drop, to 183 complaints on average per month, represents the largest percentage decrease in complaints among all the products tracked by the federal agency, and comes as the CFPB in its new report focuses on debt collection.

E-magazine: Compensation management automation

Managing incentive compensation can be a challenge. Typical management systems are done manually – taking too much time and effort. They also fail to provide precise tracking for compensation-related regulations. This e-magazine introduces IBM Incentive Compensation Management, a unified solution that integrates data, calculations, workflow management and reporting. The solution automates complex tasks – reducing […]

Plan Would Require Declaration of Prepaid Cards Shipped into EU

A proposed plan by the European Commission (EC) to combat terrorism financing would require customs declarations for prepaid cards sent in postal parcels or freight shipments into or out of the EU. Currently, cards sent or shipped across EU borders are not covered by the standard customs declaration requirement. Coming in the wake of a truck attack in Berlin that left 12 people dead and dozens wounded, the proposal is part of the EC’s action plan against terrorist financing, an initiative unveiled in February 2016, designed to help EU nations cut off the supply of funding for terrorist activity.

FCA green lights cloud technologies

We are constantly connected to the cloud (iPhone, DropBox, Google Drive just to name a few) and yet, in financial services, the adoption has been tremendously slow. In part, this is due to a lack of guidance from regulators, especially where cloud-based regulation technology is concerned. But finally there is forward progress.

Digital Payment Growth in India Brings Initial Headaches

While digital payments providers have enjoyed significant boosts in transaction volume—some as much as triple-digits—since the government banned two popular currency notes, the uptick in digital payments also has led to online traffic jams and fraud, according to several news outlets.

Fidor teams with Token for digital payments

Token, a Silicon Valley-based crypto-payment software provider, and digital bank Fidor have signed a memorandum of understanding (MoU) for digital payments. The MoU will see Token’s software made available within Fidor OS, its digital banking and open community middleware solution. Steve Kirsch, founder and CEO of Token, says its software enables banks to “call the […]

PSR calls for crusade against payment scams

The UK’s Payment Systems Regulator (PSR) has started a co-ordinated industry-wide effort to tackle payment scams. The regulator today (16 December) published its response to a super-complaint issued by consumer watchdog Which?, about protection for people making authorised “push” payments. In its response the PSR outlines an approach that “will see regulators and industry commit […]

CFPB Takes Aim at Accounts Marketed to College Students

Five months after Department of Education rules regulating financial aid disbursements went into effect, the CFPB released a report on Dec. 14 claiming that marketing deals between banks and colleges often promote financial products that lead to high overdraft and other fees. Meanwhile, industry observers note that overdraft—when permitted—requires students to opt-in and there are other ways to avoid fees.

Australia offers world-first licensing exemption for fintech

Innovation Down Under gets jazzed up. The Australian Securities and Investments Commission (ASIC) has released class waivers to allow eligible fintech firms to test certain specified services without holding an Australian financial services (AFS) or credit licence. ASIC commissioner John Price says its fintech licensing exemption is “unique” and “no other major jurisdiction has implemented […]

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