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Financial Services Law Insights and Observations


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  • Texas AG Settles with Online Payments System over Security Practices


    On May 20, Texas AG Ken Paxton announced that his office reached a settlement agreement with a California-based online payments system to resolve allegations that a money transfer mobile application – of which the payments system is the parent company – violated the Texas Deceptive Trade Practices Act (DTPA). According to the state’s investigation into the payments system, the mobile application allegedly (i) used consumers’ phone contacts without clearly disclosing how it would use the contacts; (ii) failed to clearly disclose how consumers’ transactions and interactions with each other would be shared; and (iii) misrepresented certain communication features. In addition to agreeing that the mobile application will reform its privacy and security disclosure practices, the online payment system must pay the state $175,000.

    State Attorney General Mobile Payment Systems

  • FFIEC Updates IT Examination Handbook


    On April 29, the FFIEC updated its IT Examination Handbook, revising its Retail Payment Systems booklet to include an Appendix E, Mobile Financial Services. The Retail Payment Systems booklet consists of guidance intended to help examiners evaluate financial institutions’ and third-party providers’ management of risks associated with retail payment systems. Appendix E is designed to address risk management associated with mobile financial services (MFS): “Appendix E contains guidance pertaining to [MFS] risks that supplements existing booklet guidance on other retail payment topics, such as electronic payments related to credit cards and debit cards, remote deposit capture and changes in technology or retail payment systems.” Appendix E outlines risk management practices for the following MFS technologies: (i) short message service/text messaging; (ii) mobile-enabled web sites and browsers; (iii) mobile applications; and (iv) wireless payment technologies. In addition to MFS technologies, Appendix E also addresses management strategies related to (i) risk identification; (ii) risk measurement; (iii) risk mitigation; and (iv) monitoring and reporting.

    Examination FFIEC Mobile Payment Systems Risk Management Vendor Management

  • CFPB Reports on Underserved Consumers' Use of Mobile Financial Services

    Consumer Finance

    On November 5, the CFPB published a report titled "Mobile Financial Services" to summarize the results of its June 2014 Request for Information on the opportunities and challenges associated with the use of mobile financial services (MFS) by traditionally underserved consumers. With 44% of unbanked individuals owning a smartphone, the report notes that MFS has the potential to be a promising tool for underbanked and unbanked consumers to manage their finances. According to the report, consumers using MFS save time and money because they can check their balances any time and have access to certain tools that help them manage their money. The report highlights mobile Remote Deposit Capture as particularly attractive to unbanked consumers because it allows them to take a picture of and deposit checks remotely, reducing the limitations of branch hours and locations. Additional key takeaways from the report include: (i) MFS would likely be most effective for underserved consumers if paired with consultative or assistance services; (ii) privacy and security concerns remain a significant risk; and (iii) digital access and digital financial literacy need improvement, such as enhancing affordable access to technology and educating consumers and intermediaries about safe and effective use of the technology.

    CFPB Mobile Banking Mobile Commerce Mobile Payment Systems

  • Federal Reserve Bank of Boston's Payment Strategies Team Provides Snapshot of Mobile Banking Landscape


    On August 17, the Federal Reserve Bank of Boston published a report that outlines the results of a 2014 survey intended to capture “a point-in-time snapshot of mobile banking and payments at [financial institutions]” across five Federal Reserve bank districts. One of the largest U.S. surveys completed on mobile banking and payment services at financial institutions, the collected data mostly came from banks and credit unions – a combined total of more than 600 – with less than $500 million in assets. The survey showed that with the rise of smartphones, consumers are more easily able to use mobile devices for payments, and they demonstrate “growing comfort with mobile and digital wallets as well as willingness to pay with mobile-based solutions.” As competing mobile technologies emerge, such as non-bank technology service providers, the report found the need for financial institutions to “create mobile banking and payment strategies to respond to [the] changing environment” becomes more relevant. The report highlighted that roughly 75 percent of the financial institutions surveyed offer the following mobile services, with a majority of the remaining 25 percent planning to offer them by 2016: (i) checking balances; (ii) transferring funds between a single owner’s account; (iii) viewing statements and transaction history; (iv) ATM / branch locator; and (v) bill payment. The report further suggested that financial institutions should “keep pace” with the growing mobile banking market and “be proactive and help make the best solutions succeed.”

    Mobile Banking Mobile Payment Systems Digital Commerce

  • SCRA Compliance, Cybersecurity, and Responsible Innovation Remain Top Priorities at OCC

    Consumer Finance

    On August 31, Grovetta Gardineer, the OCC’s Deputy Comptroller for Compliance Operations and Policy, delivered remarks at the Association of Military Bankers of America annual workshop in Leesburg, VA. Throughout her presentation, Gardineer highlighted issues affecting financial institutions focused primarily on lending to servicemembers. Gardineer discussed the OCC’s ongoing efforts to identify and correct deficiencies within bank and thrift compliance practices and noted improved Servicemembers Civil Relief Act (“SCRA”) compliance by regulated institutions. Specifically, Gardineer observed that in 2014, the OCC cited sixty-five SCRA violations among large, midsized, and community institutions. For the first quarter of 2015, however, Gardineer reported that OCC examiners cited only seven SCRA violations. Gardineer also referenced recent amendments to the Military Lending Act (“MLA”) which expanded consumer protections to both open-end and closed-end consumer credit for servicemembers; she emphasized that banks should be proactive in updating their internal policies and procedures to reflect the MLA’s changes. Reiterating the OCC’s commitment to cybersecurity, Gardineer advised that OCC examiners intend to use the cybersecurity assessment tool “to supplement exam work to gain a more complete understanding of an institution’s inherent risk, risk management practices, and controls related to cybersecurity.” Finally, Gardineer discussed innovation within the industry, such as the emergence of various mobile payments transfer systems and peer-to-peer lending. She stressed that the OCC intends to facilitate a responsible regulatory environment that will encourage innovative financial products and services while also implementing regulations to ensure adequate consumer protections.

    OCC SCRA Mobile Payment Systems Privacy/Cyber Risk & Data Security

  • OCC Comptroller Talks Future of Financial Services, Eyes FinTech Industry

    Privacy, Cyber Risk & Data Security

    On August 7, OCC Comptroller Thomas Curry delivered remarks at the Federal Home Loan Bank of Chicago, which was hosting a conference highlighting the future of financial services. Specifically, Curry discussed innovation in the emerging financial technology industry, or “fintech,” noting the risks and benefits associated with mobile payments, virtual currency, and peer-to-peer lending products within the U.S. banking system. With respect to virtual currency, Curry stressed how important it is for financial institutions to implement adequate procedures to deter money laundering and terrorist financing. Curry also recognized that the OCC is “still early in the process” of evaluating a regulatory framework to examine some new and innovative products and services. Rounding out his remarks, Curry expressed his growing concerns with so called “neobanks,” which operate primarily online but provide similar services to brick and mortar retail branch banks, including the heightened privacy risks that neobanks present in light of recent cybersecurity attacks.

    Nonbank Supervision OCC Mobile Payment Systems Consumer Lending Virtual Currency Fintech Privacy/Cyber Risk & Data Security

  • Federal Reserve Announces Members of Faster Payments and Secure Payments Task Force


    On July 21, the Federal Reserve Board of Governors announced the members of the Faster Payments and Secure Payments Task Force as described in the Strategies for Improving the U.S. Payment System white paper released earlier this year. The committees will advise the Federal Reserve task force chair on meeting agendas, and help prioritize various task force activities, among other payments initiatives. The members include various interest groups representing industry, tech, and government, among others. More information about the task forces and the Fed’s payments improvement initiatives can be found at

    Payment Systems Federal Reserve Mobile Payment Systems Payment Processors

  • CFPB Recommends Consumer Protection Principles for Faster Payment Networks


    On July 9, the CFPB issued a set of guiding principles aimed to help private industry better protect consumers as new, faster electronic payment systems continue to emerge. “While American consumers benefit from and make use of these payment systems, there remain opportunities to improve efficiency, reduce transaction costs for consumers, and reduce credit and fraud risks,” the CFPB’s announcements stated. Accordingly, the principles advocate for more secure, transparent, accessible, and affordable networks for consumers, and recommend proposals concerning funds availability, fraud and error resolution, and privacy concerns. The Bureau’s announcement comes as the Federal Reserve is currently engaged in an initiative to improve the U.S. payment systems network.

    CFPB Payment Systems Mobile Payment Systems

  • OCC Comptroller Discusses Emerging Payment Systems Technology and Cybersecurity, FFIEC Set to Release Cybersecurity Assessment Tool

    Privacy, Cyber Risk & Data Security

    On June 3, in prepared remarks delivered at the BITS Emerging Payments Forum, OCC Comptroller Thomas Curry advised that as financial institutions continue to develop payment systems, banks need better preparation for potential cyber-risks. Curry warned that “[c]yber criminals will also probe emerging payment systems for vulnerabilities that they can exploit to engage in money laundering[.]” In addition, Curry advocated for more regulatory oversight of digital currencies and non-bank mobile payment providers, such as ApplePay and Google Wallet. Addressing cybersecurity concerns, Curry called for increased information-sharing to promote best practices and strengthen cybersecurity readiness among the banking industry. In particular, he urged financial institutions – of all sizes – to participate in the Financial Services Information Sharing and Analysis Center, or FS-ISAC, a non-profit founded by the banking industry to facilitate the sharing and dissemination of cybersecurity threat information.  Moreover, Curry confirmed that the FFIEC will soon be releasing a Cybersecurity Assessment Tool for financial institutions to use when evaluating their cybersecurity risks and risk management capabilities, observing that the tool will be particularly helpful to community banks as cybersecurity threats continue to increase.

    Payment Systems Nonbank Supervision OCC FFIEC Mobile Payment Systems Privacy/Cyber Risk & Data Security

  • FTC Creates New Office To Investigate Consumer Technologies

    Privacy, Cyber Risk & Data Security

    On March 23, the FTC announced – via blog post – the formation of the Office of Technology Research and Investigation (OTRI), a newly formed research office within its Bureau of Consumer Protection. The OTRI succeeds the Mobile Technology Unit and will have an enhanced mission within the FTC to investigate technology issues encompassing privacy, data security, automobiles, smart phones, smart homes, emerging payment methods, Internet of Things, and big data.

    FTC Mobile Payment Systems Privacy/Cyber Risk & Data Security


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