On August 29, the Federal Reserve Board (Fed) announced that its real-time payments system, FedNow, will launch sometime between May and July of 2023. FedNow will provide a platform on which banks can build their products. Products enabled by FedNow will allow a common consumer or business to send and receive payments instantly, instead of the government’s current system that is closed on weekends and holidays and can sometimes take days to process transfers. What differentiates FedNow from other instant payment services is that FedNow will service all federal reserve banks, which provides payment services to thousands of financial institutions. More than 120 banks and payment processors currently participate in the FedNow pilot program.

“The FedNow Service will transform the way everyday payments are made throughout the economy, bringing substantial gains to households and businesses through the ability to send instant payments at any time on any day, and the funds being immediately available to recipients to make other payments or manage cash flow efficiently. Immediate availability of funds could be especially important for households managing their finances paycheck to paycheck or small businesses with cash flow constraints,” according to Vice Chair Lael Brainard in a speech at a FedNow Early Adopter Workshop.

Vice Chair Brainard also urged financial institutions and software providers to update their systems in anticipation of the summer launch. “The time is now for all key stakeholders — financial institutions, core service providers, software companies, and application developers — to devote the resources necessary to support instant payments. This means upgrading back-office processes, evaluating account procedures to accommodate a seven-business-day week, arranging liquidity providers, deploying a new customer-facing application, and promoting instant payments for key use cases to customers.”

Some of the expected benefits of the FedNow system include:

  • Making instant payment technology more accessible to smaller community banks;
  • Reducing the payment processing costs for banks and other financial institutions; and
  • Providing consumers with instant access to payments and other electronic fund transfers.

Some say the launch of the FedNow service will provide an alternative to the creation of a central bank digital currency (CBDC). As we discussed previously, in January 2022, the Fed issued a report titled, “Money and Payments: The U.S. Dollar in the Age of Digital Transformation.” The report was widely viewed as “the first step in a public discussion” regarding the creation of a CBDC — legal tender just like a paper bill, but in digital format, which would be “a digital liability of a central bank that is widely available to the general public.” Some maintain that the instant payment capability of FedNow could negate the need for a CBDC.

Troutman Pepper will continue to monitor important developments involving the FedNow system and will provide further updates as they become available.

Photo of Ethan G. Ostroff Ethan G. Ostroff

Ethan Ostroff’s practice focuses on financial services litigation and consumer law compliance counseling. Ethan is part of the firm’s national practice representing consumer-facing companies of all types in defense of individual and class action claims and counseling them on compliance with federal and

Ethan Ostroff’s practice focuses on financial services litigation and consumer law compliance counseling. Ethan is part of the firm’s national practice representing consumer-facing companies of all types in defense of individual and class action claims and counseling them on compliance with federal and state laws.

Photo of Kalama Lui-Kwan Kalama Lui-Kwan

Kalama represents parties in complex commercial disputes arising out of M&A deals. He also has a national litigation practice representing consumer-facing companies in class actions and regulatory investigations.

Photo of Carlin McCrory Carlin McCrory

A seasoned regulatory and compliance attorney, Carlin brings extensive experience representing financial institutions, fintechs, lenders, payment processors, neobanks, virtual currency companies, and mortgage servicers.

Photo of Keith J. Barnett Keith J. Barnett

Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts…

Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts, state courts, and before arbitration and administrative law panels in the financial services industry.