FinTech and Blockchain Law Watch – Page 28 – At the Crossroads of Law, Innovation and Commerce

CFPB Expects to Further Delay Prepaid Account Rule’s Effective Date

Jan 23 2018

On December 21, 2017, the Consumer Financial Protection Bureau (CFPB) issued a statement providing a status update about its comprehensive final rule amending the implementing regulations for the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z) as applied to prepaid accounts (Final Rule).

The Final Rule extends Regulation E protections to prepaid accounts, thus requiring financial institutions to give consumers easy access to account information, investigate and resolve erroneous charges, and limit consumer liability for unauthorized charges in certain circumstances. In addition, the Final Rule applies Regulation Z protections to prepaid accounts that are linked to credit products. The Final Rule also sets forth certain requirements concerning disclosures and account terms posting and submission.

Qatar and Islamic FinTech

Jan 17 2018

By Jonathan Lawrence

In the Qatar Islamic Finance Report “Expanding Horizons”, Islamic FinTech regulation and support are considered. The report is a joint venture of the Qatar Financial Centre (QFC), Thomson Reuters and the Islamic Research and Training Institute (IRTI). The report notes that the FinTech industry in Qatar remains very small. As a part of its efforts to support the Qatar National Vision 2030, the QFC held a Fintech event in January 2017. The report concludes that Islamic FinTech could be supported in three ways:

Is Bitcoin Islamic-compliant?

Jan 10 2018

By Jonathan Lawrence

In a recent research paper, Mufti Faraz Adam has considered whether Bitcoin is Islamic-compliant. This is an important area of interest given the growing Islamic finance market which is expected to be worth more than US$6.5 trillion by 2020. The paper examines whether Bitcoin is money, a commodity or something else entirely.

Top 5 regulatory changes to watch for in 2018

Jan 10 2018

By Jim Bulling and Michelle Chasser

As one year has drawn to a close it is time to look forward to 2018 and our tips for the most important 5 regulatory changes for the FinTech industry in Australia.

Increased access to bank data.

The Government has announced its intention to introduce an open banking regime in Australia under which customers will have the ability to give third parties such as FinTechs access to the customer’s banking data. Treasury is currently conducting a review into open banking models, with the report which was due at the end 2017 yet to be released.

Also planned to come in to effect by 1 July 2018 is mandatory comprehensive credit reporting which will give lenders access to deeper and richer sets of data on consumers to base their credit decisions on. Comprehensive credit reporting is currently voluntary.

New Report on UK Alternative Finance

Jan 10 2018

By Jonathan Lawrence

The Cambridge Centre for Alternative Finance sits within the University of Cambridge Judge Business School and has recently published its 4th UK Alternative Finance Industry Report entitled “Entrenching Innovation”. The Centre defines alternative finance as financial channels and instruments that emerge outside of the traditional financial system (i.e. regulated banks and capital markets).

Comptroller Otting: A New Ally for a FinTech Charter?

Jan 10 2018

By Dan Cohen

The FinTech charter may have an important new, if tepid, ally: U.S. Comptroller of the Currency Joseph Otting. Speaking at a press conference on December 20^th, Comptroller Otting signaled a cautious openness to the charter, stating, according to various media outlets, that although he is “not sure what it [FinTech charter] looks like and how it’s funded…there’s a space there that a technology solution can solve.” The key question to him is “what is the requirement…to get that charter”, a topic on which he did not elaborate.

Islamic FinTech in 2018

Jan 08 2018

By Jonathan Lawrence

2018 may prove to be a pivotal year for Islamic finance stakeholders and their approach to developments in FinTech.

Potential areas where FinTech is likely to have an impact on Islamic finance are remittances, insurance (or takaful), investment advisory services and online trading. The overlap between Islamic finance and ethical finance and the opening of financial services to the “unbanked” are important issues to be tackled. In the coming years, demand from consumers (mostly millennials who form a large part of the populations of Muslim-majority countries) is expected to give rise to the faster adoption of these technologies across various verticals in the banking and financial sector.

FinTech in the Fight Against Money Laundering

Dec 22 2017

By Jonathan Lawrence

Rob Gruppetta, Head of the Financial Crime Department at the UK Financial Conduct Authority (FCA), recently gave a speech at the FinTech Innovation in Anti-Money Laundering (AML) and Digital ID regional event, London about “Using artificial intelligence to keep criminal funds out of the financial system”. He considered whether machine learning and artificial intelligence (AI) techniques could help. Better transaction monitoring is not the only way AI can aid the fight against money laundering. The Financial Stability Board (FSB) published a report on 1 November about the impact of AI that identified other ways it can help. Examples include AI-driven anti-impersonation checks that evaluate whether photos in different identity documents match, and using machine learning to identify customers that may pose a higher risk and so warrant, say, a deeper probe into the sources of their wealth.

FinTech outlook for 2018: US Banks look to AI

Dec 22 2017

By Cameron Abbott and Harry Crawford

With 2017 at a close, US banks have set out their 2018 FinTech new year resolutions. According to American Banker, US banks are likely to focus their FinTech investment in 4 major areas in 2018:

Artificial intelligence and machine learning
Open banking
Cybersecurity and biometrics
Commercial banking innovation

What the CFPB Leadership Dispute Means for the Prepaid Account Rule

Dec 20 2017

By Eric A. Love and Dan S. Cohen

With Office of Management and Budget Director Mick Mulvaney in place as Acting Director of the Consumer Financial Protection Bureau (CFPB) and a legal challenge to his appointment to that position brought by CFPB Deputy Director Leandra English continuing to proceed through the courts, prepaid industry participants are rightly asking what this ongoing leadership dispute means for the CFPB’s sweeping Final Rule amending Regulation E and Regulation Z as applied to prepaid accounts.