Category: FinTech Industry & Regulation

1
California Legislators Continue To Assess How To Regulate Digital Assets
2
Federal Reserve Doubles Down on Oversight of Crypto Activities for Banks
3
CFPB Issues Advisory Opinion Strictly Interpreting Permissible Purpose for Consumer Reports
4
Cryptocurrency Market Downturn and Australian Regulation Update
5
Forthcoming New York Law Expands Protections For Credit Card Reward Points
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Let Me In: Wyoming Special Purpose Bank Sues Fed for Access to Payments System
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10 Impactful Provisions of the Lummis-Gillibrand Bill
8
California Soliciting Comments on Potential Regulation of Crypto Products and Services
9
UK Payments Landscape Review
10
Nebraska’s Play for a Piece of the Digital Asset Pie

Federal Reserve Doubles Down on Oversight of Crypto Activities for Banks

By Grant F. Butler, Jeremy McLaughlin, Anthony R.G. Nolan, and Judie Rinearson

The Federal Reserve Board (the “FRB”) issued Supervision and Regulation Letter 22-6 (“SR 22-6”), providing guidance for FRB-supervised banking organizations (referred to collectively herein as “FRB banks”) seeking to engage in activities related to cryptocurrency and other digital assets.  The letter states that prior to engaging in crypto-asset-related activities, such FRB banks must ensure that their activities are “legally permissible” and determine whether any regulatory filings are required.  SR 22-6 further states that FRB banks should notify the FRB prior to engaging in crypto-asset-related activities.  Any FRB bank that is already engaged in crypto-asset-related activities should notify the FRB promptly regarding the engagement in such activities, if it has not already done so.  The FRB also encourages state member banks to contact state regulators before engaging in any crypto-asset-related activity.

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CFPB Issues Advisory Opinion Strictly Interpreting Permissible Purpose for Consumer Reports

By Grant F. Butler

On July 12, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued an advisory opinion that states its strict interpretation of the permissible purposes for which a consumer reporting agency may provide a consumer report and for which consumer report users may obtain consumer reports.  Section 604(a) of the Fair Credit Reporting Act (“FCRA”) identifies the “permissible purposes” for which a consumer reporting agency may furnish a consumer report. 

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Cryptocurrency Market Downturn and Australian Regulation Update

By Daniel Knight and Kithmin Ranamukhaarachchi

In the wake of the drawn out cryptocurrency market downturn, increased regulation of the sector seems inevitable. With nearly one million Australians transacting in cryptocurrencies last year, there have been widespread calls to enact additional protections for retail investors.

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Forthcoming New York Law Expands Protections For Credit Card Reward Points

By Jeremy M. McLaughlin and Joshua Durham

Last year, on December 10, 2021, New York governor Kathy Hochul signed into law Senate Bill S133B, which is set to take effect on December 10, 2022.  Among other things, it provides a 90-day grace period for the use of credit card reward points before an account is modified, cancelled, closed, or terminated.

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Let Me In: Wyoming Special Purpose Bank Sues Fed for Access to Payments System

By Grant F. Butler, Andrew M. Hinkes, and Robert M. Tammero, Jr.

Custodia Bank (“Custodia”) filed a complaint against the Federal Reserve Board (“FRB”) and the Federal Reserve Bank of Kansas City (“FRBKC”) in Wyoming federal court alleging that the FRB and FRBKC are unlawfully refusing to act on Custodia’s application for a master account.  A Federal Reserve master account allows banks to directly access the Federal Reserve and utilize the Federal Reserve System’s payment, clearing and settlement services. 

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10 Impactful Provisions of the Lummis-Gillibrand Bill

By Andrew Hinkes, Eden Rohrer, and Judie Rinearson

The “Lummis-Gillibrand Responsible Financial Innovation Act,” announced this morning, lays out a bold agenda for legal reform across multiple regulatory regimes aimed at clarifying legal requirements for regulated entities to issue, trade, and provide services related to certain digital assets. Although a point by point summary of the 69 page bill is beyond the scope of this post, here’s a brief summary of 10 impactful provisions from the Bill:

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California Soliciting Comments on Potential Regulation of Crypto Products and Services

By Jeremy McLaughlin and Christian A. Zazzali

On May 4, 2022, California Governor Gavin Newsom issued an executive order on digital assets, which seeks sensible, transparent regulation through engagement with developers of digital asset-related products and services. For a detailed discussion on the executive order, see our prior blog here. In response, California’s financial regulator, the Department of Financial Protection and Innovation (DFPI), issued an invitation to submit comments on crypto-asset related products and services under the California Consumer Financial Protection Law (CCFPL).  The deadline for submission is August 5, 2022.

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UK Payments Landscape Review

By Kai Zhang

In July 2020, HM Treasury published a “Payments Landscape Review: Call for Evidence” for a strategic review of the UK payments sector. Following feedback from the industry, HM Treasury published its Response to the Call for Evidence in October 2021 which sets out a number of initiatives to ensure the payment sector stays at the “forefront” of technology and innovation.

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Nebraska’s Play for a Piece of the Digital Asset Pie

By Jeremy McLaughlin

On October 1st, Nebraska ingratiated itself to the digital asset industry when the Nebraska Financial Innovation Act (The Act) became effective. The Act offers two pathways for an entity wishing to offer certain digital asset services: a state-chartered bank may create a digital asset division or a digital asset depository may be created under a new charter.

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