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CFPB Regulates Tech Now?
November 9, 2023

This week, my colleague in Washington, D.C., Mercedes Kelley Tunstall discusses the Consumer Financial Protection Bureau’s announcement (some may say shot across the bow) of a new proposed rule where providers of digital wallets and payment apps would be defined as “Larger Participants” and what laws and regulations they would need to comply with. 

I dive into an update on the long-awaited report from The Federal Housing Finance Agency on its review of the Federal Home Loan Bank System and its two main objectives.

Mercedes also releases the third installment of her analysis on the CFPB’s proposed rule on personal data financial rights, this week focusing on examining the obligations that are applicable to all entities subject to the rule.

Partner Peter Malyshev provides an analysis on the Commodity Futures Trading Commission proposal to significantly amend the rules on investment of customer funds by futures commission merchants and derivatives clearing organizations. Partner James Frazier covers a new proposed rule by the U.S. Department of Labor pertaining to the definition of “fiduciary” under ERISA and Section 4975 of the Code and what the proposed rule would replace if adopted.

Reporting from London, my colleague, Alix Prentice, discusses the UK’s Treasury consultation response on “Financial promotion exemptions for high net worth individuals and sophisticated investors.” Finally, my colleagues, Peter Malyshev and Sukhvir Basran discuss how the Australian Department of Climate Change, Energy, the Environment and Water solicited feedback on proposed amendments to the Australian Carbon Credit Unit Scheme.

We're always here for comments and questions. Just drop me a note here

Daniel Meade 
Partner and Editor, Cabinet News and Views

Partner | Financial Regulation

On November 7, 2023, the Consumer Financial Protection Bureau announced a new proposed rule wherein providers of digital wallets and payment apps would be defined as “Larger Participants” and would become subject to supervision by the CFPB, as well as need to comply with consumer financial services laws and regulations.

Read More »

Partner | Financial Regulation

On Wednesday, the Federal Housing Finance Agency released a long-awaited report on its review of the Federal Home Loan Bank System. The FHFA first announced its FHLB System at 100 initiative in August of 2022, but the bank failures of spring 2023 added additional interest in the report given the heavy reliance on some of the failed banks on FHLB advances as they faced liquidity challenges. 

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Partner | Financial Regulation

In our continuing series on the proposed rule introduced by the Consumer Financial Protection Bureau regarding Personal Data Financial Rights, this week’s installment examines the obligations that are applicable to all entities subject to the rule.

Read More »

Partner | Financial Regulation

On November 3, 2023, the Commodity Futures Trading Commission proposed to significantly amend the rules on investment of customer funds by futures commission merchants and derivatives clearing organizations. 

Read More »

Partner | Executive Compensation, Benefits & ERISA

On Tuesday, October 31, 2023, the U.S. Department of Labor issued a new proposed rule pertaining to the definition of “fiduciary” under ERISA and Section 4975 of the Code. If adopted, the proposed rule would replace the DOL’s long-standing regulation addressing when a person is fiduciary under ERISA in connection with the provision of investment advice.

Read More »

Partner | Financial Regulation

The UK’s Treasury has published its consultation response on “Financial promotion exemptions for high net worth individuals and sophisticated investors” alongside the draft Statutory Instrument making the relevant changes.

Read More »

Partner | Financial Regulation
Partner | Financial Services

In August 2023, the Australian Department of Climate Change, Energy, the Environment and Water solicited feedback on proposed amendments to the Australian Carbon Credit Unit Scheme. This is the third step in the process of modernizing the ACCU, which was initiated in 2022, when an independent panel reviewed the Scheme with the goal of increasing its efficacy and transparency. The panel delivered 16 recommendations in December that year. The Australian Government accepted the recommendations in principle in January 2023, and began translating them into concrete and actionable updates. The ACCU Review Implementation Plan was released in June 2023.

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Maurine R. Bartlett
Senior Counsel
T. +1 212 504 6218
maurine.bartlett@cwt.com

Sukhvir Basran
Partner
T. +44 0 20 7170 8620
sukhvir.basran@cwt.com

Brian Foster
Partner
T. +1 212 504 6736
brian.foster@cwt.com

James Frazier
Partner
T. +1 212 504 6963
james.frazier@cwt.com

Mark Howe
Partner
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mark.howe@cwt.com

Gregg Jubin
Partner
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gregg.jubin@cwt.com

Philip S. Khinda
Partner
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philip.khinda@cwt.com

Ivan Loncar
Partner
T. +1 212 504 6339
ivan.loncar@cwt.com

Peter Y. Malyshev
Partner
T. +1 202 862 2474
peter.malyshev@cwt.com

Daniel Meade
Partner
T. +1 202 862 2294
daniel.meade@cwt.com

Jed Miller
Partner
T. +1 212 504 6821
jed.miller@cwt.com

Michael Newell
Partner
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michael.newell@cwt.com

Alix Prentice
Partner
T. +44 0 20 7170 8710
alix.prentice@cwt.com

Rachel Rodman
Partner
T. +1 202 862 2210
rachel.rodman@cwt.com

Richard M. Schetman
Senior Counsel
T. +1 212 504 6906
richard.schetman@cwt.com

Lary Stromfeld
Partner
T. +1 212 504 6291
lary.stromfeld@cwt.com

Jonathan M. Wainwright
Senior Counsel
T. +1 212 504 6122
jonathan.wainwright@cwt.com

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