Tag:FinTech

1
BNPL Regulation Takes the Final Step in Australia
2
Australian Treasury Proposes New Consumer Data Right Rules for Non-Bank Lenders
3
Federal Court Vacates SEC’s Expanded Dealer Definition
4
AI and Your Obligations as Licensee
5
The Long and Winding Road: Navigating Fintech and Crypto App Approvals by the Apple Store
6
AML Reforms Part 2: Digital Currency Service Providers
7
AML Reforms Part 1: Remittance Service Providers
8
The CFPB Turns Its Focus To Credit Card Reward Programs
9
In an About-Face, Pennsylvania to Regulate Virtual Currency as Money
10
Australia: BNPL Regulation Takes Another Step Forward

BNPL Regulation Takes the Final Step in Australia

By: Daniel Knight, Ben Kneebush and Madison Jeffreys

On 29 November 2024, the Australian Parliament passed the long-awaited Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Bill 2024 (Bill).

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Australian Treasury Proposes New Consumer Data Right Rules for Non-Bank Lenders

By: Daniel Knight, Simon Kiburg, Hugo Chow and Madison Jeffreys

The Australian Treasury released an Exposure Draft on 26 November 2024 (Amending Rules) proposing amendments to the Competition and Consumer (Consumer Data Right) Rules 2020 (CDR Rules). Whilst the government designated the non-bank lending sector as subject to the CDR regime on 21 November 2022 and had released draft rules for consultation last year, the new proposed Amending Rules have taken into account stakeholder feedback and reflects the government’s recent ‘reset’ of the CDR regime. 

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Federal Court Vacates SEC’s Expanded Dealer Definition

By: Eden L. Rohrer, Richard F. Kerr, Jessica D. Cohn, and Joshua L. Durham

On 21 November 2024, the US District Court for the Northern District of Texas (Court) ruled against the US Securities and Exchange Commission (SEC) in two separate cases, vacating its rule which expanded the definition of securities dealers.

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AI and Your Obligations as Licensee

By: Daniel Knight, Ben Kneebush and Madison Jeffreys

As Artificial intelligence (AI) continues to be adopted and used by Australian Financial Services (AFS) licensees broadly, there is a risk that the deployment of AI might cause licensees to fall short of their existing regulatory obligations and emerging best practices.

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The Long and Winding Road: Navigating Fintech and Crypto App Approvals by the Apple Store

By: Andrew Hinkes and Judie Rinearson

Much has been written about the effort it takes to have a new app approved by the Apple App Store. With good reason, Apple’s strict approval process ensures quality and maintains the standards of its ecosystem. As Apple itself reports, in 2023 it “rejected more than 1.7 million app submissions for failing to meet the App Store’s stringent standards for privacy, security, and content.”1 An article from Decode about the top reasons for an Apple rejection2 included the usual tech-related problems: The app is low quality; there are broken links; lots of bugs and crashes; etc.

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AML Reforms Part 2: Digital Currency Service Providers

By: Daniel Knight and Kithmin Ranamukhaarachchi

The Australian Attorney-General’s Department (Department) has released five consultation papers outlining proposals for extensive reforms to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime.

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The CFPB Turns Its Focus To Credit Card Reward Programs

By: Jeremy McLaughlin and Chelsie Rimel

The Consumer Financial Protection Bureau (CFPB or Bureau) released a new report spotlighting common consumer complaints for credit card rewards programs. The Bureau and its Director, Rohit Chopra, have been focused on payments oversight, including by proposing a rule last Fall that would apply to nonbank entities that provide digital wallets. The new report discusses the relationship between consumers and the providers of reward programs, and it stresses the need for fairness and transparency.

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In an About-Face, Pennsylvania to Regulate Virtual Currency as Money

By: Jeremy McLaughlin and Joshua Durham

Based on a new statement of policy (“Statement”) issued on 20 April 2024 by Pennsylvania’s Department of Banking and Securities (“Department”), effective 15 October 2024, the Department will include virtual currency in the definition of “money” for purposes of the state’s money transmission law (“Law”). Previously, in January 2019, the Department had issued guidance concluding the opposite, that only fiat currency constituted “money” under the Law. The Department’s about-face follows other state regulators that have increasingly concluded that virtual currency is regulated under their state money transmission laws.

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Australia: BNPL Regulation Takes Another Step Forward

By: Dan Knight and Ben Kneebush

On 12 March 2024, the Australian Treasury released for consultation an exposure draft legislative package that proposes to amend the current regulatory framework to regulate low cost credit contracts (LCCCs), including Buy Now Pay Later (BNPL) arrangements and other types of credit contracts. These changes are designed to be flexible, adaptable and proportionate to the risk of consumer harm.

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