US – FinTech and Blockchain Law Watch

Will Payment Stablecoins Mean the End of State Money Transmitter Licensing?

Sep 04 2025

By: Judith Rinearson, Jennifer L. Crowder, and Joshua L. Durham

The GENIUS Act (Act) allows “permitted payment stablecoin issuers”—which term includes nonbanks that are either Federal qualified payment stablecoin issuers (FQPSI) (regulated by the OCC) or State qualified payment stablecoin issuers (SQPSI) (regulated by their qualifying state)—to:

Issue and redeem payment stablecoins;
Manage reserves;
Custody payment stablecoins, reserves, or private keys of payment stablecoins; and
Engage in activities that “directly support” the above listed activities.

The White House Working Group on Digital Asset Markets Report: What it Means for Stablecoins and Payments

Aug 19 2025

By: Jeremy M. McLaughlin and Joshua L. Durham

On 30 July 2025, the President’s Working Group on Digital Asset Markets published its long-awaited report, entitled “Strengthening American Leadership in Digital Financial Technology” (the Report). The Report introduces actionable directives to the prudential banking regulators to further stablecoin policies, both domestically and internationally, including directives on implementing the GENIUS Act.

The White House Working Group on Digital Asset Markets Report: What it Means for the Derivatives Industry

Aug 14 2025

By: Cheryl L. Isaac and Clifford C. Histed

The “Strengthening American Leadership in Digital Financial Technology” Report, published in July 2025 by the President’s Working Group on Digital Asset Markets (the PWG), includes comprehensive recommendations for immediate action by the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC). Notably, the PWG is pushing these regulators to rely on their existing rulemaking and exemptive authority–without waiting for Congress to act – to enable the trading of digital assets and “ensure that American businesses can compete internationally.”

Congress Unveils Highly Anticipated Cryptocurrency Market Structure Legislation

May 30 2025

By: Vivian K. Bridges, Joshua L. Durham, and Ryan T. Carney

On 29 May 2025 the House Financial Services Committee (HFSC) and the House Agriculture Committee (Ag) unveiled their highly anticipated cryptocurrency market structure legislation.

FinCEN Issues Geographic Targeting Order to Require Certain Money Services Businesses to File CTRs for Smaller Transactions

Mar 17 2025

By: John ReVeal, Jeremy M. McLaughlin, Jennifer L. Crowder, and Linda C. Odom

On 11 March 2025, the Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) to require money services businesses (MSBs) located in specified zip codes of California and Texas to file currency transaction reports (CTRs) for currency transactions of more than US$200 but not more than US$10,000. The regular CTR filing requirement for transactions of more than US$10,000 remains in place, but the GTO effectively reduces the threshold for such filings.

SEC Provides Welcome Clarity Regarding Meme Coins

Mar 01 2025

By: Cliff C. Histed, and Cheryl L. Isaac

In welcome news, the US Securities and Exchange Commission (SEC) Division of Corporation Finance (Division) yesterday announced “[a]s part of an effort to provide greater clarity” that meme coins do not involve the offer and sale of securities under the federal securities laws. This is to say that transactions in meme coins (as defined below) do not need to be registered with the SEC, but also that buyers and sellers are not protected by federal securities laws. Importantly, the Division limited this interpretation to meme coins that match the following descriptions:

Recent Supreme Court Decisions Could Significantly Impact the Payments Industry

Jul 02 2024

By: Jeremy McLaughlin, Greg Blase, Andrew Glass, and Josh Durham

The Supreme Court issued two decisions at the end of its term that will significantly alter how federal courts review challenges to federal regulations. The decisions could have a significant impact on the highly regulated payments industry.

CFPB Aims to End the Use of Medical Debt Information in Making Credit Determinations and in Credit Reporting

Jun 19 2024

By: Andrew C. Glass, Gregory N. Blase, and Joshua L. Durham

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to ban the inclusion of medical bills in consumer credit reports.

South Carolina Becomes the Fifth State to Enact An Earned Wage Access Law

May 29 2024

By: John ReVeal and Jennifer Crowder

On May 21, the South Carolina Governor signed a Bill to enact the Earned Wage Access Services Act (the Act), joining Kansas, Missouri, Nevada and Wisconsin as the fifth state to codify earned wage access (EWA) services. Many other states are considering such legislation, while a few others have so far relied on regulatory opinions or guidance.

The CFPB Turns Its Focus To Credit Card Reward Programs

May 22 2024

By: Jeremy McLaughlin and Chelsie Rimel

The Consumer Financial Protection Bureau (CFPB or Bureau) released a new report spotlighting common consumer complaints for credit card rewards programs. The Bureau and its Director, Rohit Chopra, have been focused on payments oversight, including by proposing a rule last Fall that would apply to nonbank entities that provide digital wallets. The new report discusses the relationship between consumers and the providers of reward programs, and it stresses the need for fairness and transparency.

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