Last year, we noted that the Banking Department of the Vermont Department of Financial Regulation had taken the position that its money transmission law “does not exempt a payment processor or an agent of a payee from [money transmission] licensure.” Vermont’s Governor now has signed legislation that creates a statutory exemption from the money transmission… Read More
Tag Archives: payments
Could Strong Consumer Authentication Weaken Consumer Demand?
Posted in Electronic Payments, Regulatory DevelopmentsFrom 14 September 2019, certain electronic and remote payments must be subjected to two-factor, or “strong customer authentication”, under regulatory standards covering the European Economic Area relating to the second EU Payment Services Directive, which took effect in January 2018. Retailers are uncertain whether these new European anti-fraud measures will cause consumers to abandon online… Read More
Are You a Money Transmitter in Michigan? In California?
Posted in Regulatory DevelopmentsThe payments and money transmission regulatory landscape continues to evolve. A key new development is that Michigan has affirmed by legislation that “agent of a payee” transactions meeting certain criteria are not subject to regulation under the state’s money transmission licensing law. However, the California Department of Business Oversight (the “DBO”), which regulates money transmission… Read More
CFPB Encourages Financial Institutions to Provide Consumers with Greater Control over Payment Methods
Posted in CFPB, Credit Cards, Electronic PaymentsOn November 20, 2017, the CFPB released a November 17, 2017 letter that Director Richard Cordray sent to “the CEO’s of several banks, credit unions, and financial companies” asking that they consider “enabl[ing] consumers to exert greater control over their credit cards, debit cards, and other payment methods.” Read our client alert.
Faster Payments Task Force Sets Goals and Recommendations for Faster Payments by 2020
Posted in Electronic Payments, Mobile PaymentsOn July 21, 2017 the Federal Reserve’s Faster Payments Task Force released the Faster Payments Task Force Final Report Part Two. The Final Report is a follow-up to Part One of the Faster Payments Task Force Final Report, which was published in January 2017 and provided an overview of the Task Force’s objectives and a… Read More
Are You a “Payment Processor”? Washington State Appears to Significantly Expand Scope of Its Money Transmission Act
Posted in Regulatory Developments, State RegulatorsOne of the defining aspects of the payments revolution of the past few years—at least from a regulatory perspective—has been the question of whether any particular payments service is subject to regulation as money transmission. State money transmission laws were crafted to address what we would today call “traditional” money transmitters—i.e., major, well-known brands that… Read More