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CFPB releases “Consumer Protection Principles” for faster payment systems

By Scott M. Pearson & Kevin D. Leitão on July 9, 2015
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The CFPB has released a list of nine “Consumer Protection Principles” that are intended to express the CFPB’s “vision of consumer protection in new faster payments systems.”  The CFPB has previously shown support for  the development of faster payment systems.  In his November 2014 remarks to the Clearing House, Director Cordray suggested that sooner, rather than later, the industry should invest the billions of dollars required to build a payment system with “faster and even real-time payments” where “the interests of consumers remain at the top of [bankers’] minds.”  In February 2015, CFPB Associate Director David Silberman sent a letter to NACHA indicating the CFPB’s support for same day ACH services.

In releasing the principles, the CFPB stated that it “wants to ensure that consumer protections are at the forefront as new and improved payment systems are developed.”  The CFPB’s principles deal with: (1) consumer controls over payments (such as allowing consumers to limit the time period for which an authorization is valid), (2) data protection, (3) fraud and error resolution procedures, (4) transparency in information about transaction status and disclosures about costs, risks, funds availability and security of  payments, (5) affordable cost and cost disclosure, (6) allowance of access through qualified intermediaries and non-depositories, such as mobile wallet providers and payment processors, (7) faster funds availability, (8) security protections and credential value limits, and (9) strong accountability mechanisms to curtail system misuse.

The CFPB’s “principles” may foreshadow another attempt by the CFPB to take an expansive approach to its jurisdiction.  Some payments firms, such as large banks that provide payments services, are subject to CFPB supervision and the CFPB also has the authority to enforce the Electronic Funds Transfer Act.  However, many payments firms are not subject to CFPB supervision, and the CFPB’s payments principles go beyond the requirements established by Congress in the EFTA and elsewhere.  Based on the CFPB’s history, we would not be surprised to see attempts to legislate through enforcement actions in this area.

In addition, someone will have to bear the substantial costs involved in building a faster payment system.  Given the low rates set for debit card interchange fees by the Durbin Amendment, many industry players will likely be uninterested in funding innovations whose costs they cannot recover.

 

Kevin D. Leitão

Kevin joined Ballard Spahr in 2015 following 15 years of in-house counsel and senior compliance officer experience in regulated industries. He has developed, led, and supported risk-based Bank Secrecy Act (BSA), Anti-Money Laundering (AML), compliance, security, and vendor management programs at leading financial…

Kevin joined Ballard Spahr in 2015 following 15 years of in-house counsel and senior compliance officer experience in regulated industries. He has developed, led, and supported risk-based Bank Secrecy Act (BSA), Anti-Money Laundering (AML), compliance, security, and vendor management programs at leading financial institutions and technology companies.

He advises clients in diverse industries on digital commerce, data security, privacy, compliance, and risk management/governance. Kevin also counsels banks, nonbank lenders, mortgage lenders, insurance companies, gaming companies, money services businesses, prepaid program managers, and precious metals dealers on matters related to BSA, AML, and the Office of Foreign Assets Control.

Read more about Kevin D. LeitãoEmail
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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance Monitor
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

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