Regulation


Russian Lawmakers Want to Ban Bitcoin

Bitcoin continues to encounter hurdles as its supporters try to facilitate the digital currency’s mainstream acceptance. Though certain states and countries are welcoming bitcoin, or permitting it with certain provisos, Russia is considering a ban.

Clearing contradictions in derivatives regulation

There’s one challenge that regulators seem unable to address, and that is regulation itself. Today’s evolving regulatory environment seems to be beset by a range of internal contradictions. One such contradiction is the banks’ decision to act as clearing providers for derivatives businesses.

CFPB Takes Aim at Lack of Checking Account Options for Consumers

The CFPB announced today a three-prong approach to ensure consumers are receiving a fair shake regarding checking account access. But what may surprise many in the prepaid industry is that the agency also is providing information to consumers about the prepaid option.

EU Commission, U.S. Reach New Privacy-Shield Agreement (Feb. 2, 2016)

Shortly after the original deadline to reach an agreement expired on Sunday, the EU Commission and the U.S. have agreed to a new Safe Harbor deal. The new framework will protect the fundamental rights of Europeans when their data are transferred to the U.S. and ensure legal certainty for businesses, according to an EU Commission announcement.

EU Eyes New Virtual Currency, Prepaid Regs, Transaction Monitoring (Feb. 2, 2016)

European Union leaders are calling for tighter regulation of prepaid cards and virtual currencies to restrict terrorist financing and anonymous payments. The European Commission—the executive arm of the EU—also said it will consider launching an intra-EU version of a transaction monitoring agreement that has since 2010 helped detect the movement of funds by terrorists between the U.S. and EU.

CFPB: Prepaid Complaints Down in December (Feb. 1, 2016)

Prepaid cards continued to comprise just a tiny percentage of the consumer complaints received by the CFPB, according to the agency’s latest monthly complaint “snapshot” report. During the month of December 2015, the CFPB received a total of 230 prepaid-related complaints (out of 20,388 total complaints), down 11 percent from the 257 complaints it received in November.

FTC: Big Data Practices Could Violate Federal Laws (Jan. 25, 2016)

Big data has proven to be a useful tool for retailers and financial services providers seeking to identify customer habits and preferences—but federal regulators are warning that certain uses of consumer information may potentially violate consumer protection laws.

Money market statistical reporting: challenges for 2016 and beyond

Money Market Statistical Reporting presents a fair number of challenges. And firms are pressed for time to prepare for these requirements, according to an overview prepared by Wolters Kluwer Financial Services. Where they may have adopted tactical solutions in the past to meet transaction level reporting obligations, now is a good opportunity to think more strategically about investing in the right platform and infrastructure. This is especially true given that daily reporting obligations will soon be extended in 2018 to include securities and financial transactions

Why is it so hard to know who you’re doing business with?

Every bank wants to achieve a single view of a customer, but no-one has found an easy, cost-effective, scalable way to do it. The simple fact is that there is too much customer information, entering the bank from too many places, to align and maintain into a single view. An effective solution would reduce costs, allow the bank to generate revenue faster, facilitate KYC processes and meet regulatory requirements.

FinCEN Seeks Comment on Cost Analysis of CDD Proposal (Jan. 12, 2016)

A proposed rule that would place new Customer Due Diligence requirements on financial institutions—including prepaid issuers—has taken a step forward with the release of two new documents estimating the impact and cost the proposed rule would have on regulated institutions and seeking comment from stakeholders by Jan. 25.

Viewpoint: Prepaid Regulations Should Go on a New Year’s Diet

The CFPB needs to return to its original plans on prepaid regulations and put its proposed rules on a New Year’s diet. By issuing rules focusing solely on disclosure, the CFPB could issue guidance earlier in 2016 that would help consumers, prevent access disruptions, and potentially reduce the size of the landfill needed to for the mountains of noncompliant cards and marketing materials.

Senator Menendez Strikes at Prepaid Again

It’s almost become a holiday tradition for Senator Robert Menendez (D-N.J.) to propose prepaid legislation in December. His previous three attempts went nowhere, but this time he proposed his bill in November. Still, more pressing issues, such as spending and cybersecurity, may keep his measure on the back burner for now.

EU Fee Caps Effective Today (Dec. 9, 2015)

The European Union’s cap on fees banks can charge retailers for processing credit and debit card payments went into effect today, but there are some questions whether the measure will have the desired effect.

CFPB Staffing, Fines up in Fiscal 2015 (Dec. 8, 2015)

The number of CFPB employees grew to 1,529 in 2015, from 1,443 the previous fiscal year, according to the agency’s financial report for the 2015 fiscal year, ended Sept. 30. The CFPB collected civil penalties totaling $183.1 million from 37 cases in 2015—a substantial increase from the $77.5 million collected in 2014.

Time to think strategically about Basel capital calculations

As part of the ongoing Basel reforms, the Bank for International Settlements is busy rewriting the rules that govern how much capital banks must maintain in order to mitigate different types of risk. So far the Standardized Approach for Measuring Counterparty Credit Risk Exposures and the Fundamental Review of the Trading Book have garnered the most attention. However, these are just two components of a much larger package of changes to the Basel capital requirements, which banks need to think about holistically and start factoring into their technology programs now

Webinar: Coping with Consumer Complaints and CFPB Expectations (Dec. 2, 2015)

Deciphering how the CFPB handles consumer complaints—and ultimately decides to take action against a company—can be difficult. During a recent Webinar, Tristram Wolf, a Ballard Spahr associate and former CFPB attorney policy writer and investigator, joined colleagues in offering an inside look at the complaint process and tips for staying out of the CFPB’s crosshairs.

House Committee Applauds Mobile Payments Innovation (Dec. 2, 2015)

In a Congressional hearing yesterday, lawmakers examined the role mobile payments technologies are playing in disrupting traditional payments, paying particular attention to how mobile has increased payments security and enabled small businesses and underbanked consumers to access electronic payments.

Trade repositories fall short warns CPMI-IOSCO study

Just under two-thirds of the world’s top nations in capital markets have now adopted international best practices, according to a new report on financial market infrastructures, but more work is needed on trade repositories.

ERPB Approves Instant Payments Plan (Nov. 29, 2015)

Instant payments are a step closer to becoming a reality in Europe, now that the European Payments Council (EPC) has submitted and received approval on its proposal for the design of a pan-European instant credit transfer framework.

Losing the risk management war

It’s no secret that past risk management practices and regulatory frameworks failed with respect to the global financial crisis. There were a number of reasons behind this, ranging from an overreliance on quantitative analysis to poor risk governance and frameworks, not to mention a lack of understanding around concentrated risk build-up such as leverage, convexity […]

A lesson in effective stress testing

Integrated stress testing is the preferred tool from a supervisory perspective. And that’s on a global basis. It may not be new, but it is featuring increasingly higher on the regulatory agenda and so understanding the technological opportunities is all important. A key building block for effective and integrated stress testing is an integrated balance sheet strategy

Market infrastructures must work with tech firms to combat cyber-threats

Financial market infrastructures must work with the “broader ecosystem” to improve the resilience of the international financial system in the face of “inevitable” cyber-attacks. The latest guidance document from the Committee on Payments and Market Infrastructures and the International Organization of Securities Commissions – Guidance on cyber resilience for financial market infrastructures – looks to […]

San Francisco Suit Seeks Billions from Amex over Anti-Steering Rules (Nov. 25, 2015)

Following a federal court’s ruling earlier this year that American Express violated anti-trust laws by prohibiting merchants from encouraging customers to use alternate payment methods, San Francisco’s City Attorney has filed a lawsuit against the payments network, seeking billions in penalties and damages as part of a statewide consumer action.

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