So you’re a fintech startup, buying a fintech company, or expanding the technical capabilities of your financial business. Or you’re a tech company that is getting into the payments space. Where do you start when it comes to figuring out what consumer protection laws apply to you? You should be aware that, for the past several years, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have been actively enforcing consumer protection laws in the fintech space. For example, the FTC has recently brought cases involving an online lender that allegedly charged undisclosed fees, a mobile banking app that falsely promised high interest rates and 24/7 access to funds, promoters of cryptocurrency money-making schemes, and tech platforms offering in-app purchases. The CFPB most recently shuttered a VC-backed online lender for false advertising related to interest rates and loan amounts. Earlier last year, the CFPB had obtained refunds and a civil penalty against a fintech company for enabling merchants to obtain loans for consumers without their authorization.
Continue Reading Fintech and Financial Privacy: Regulatory Developments on the Use of Financial Data