New Innovative Payments Association guide designed to help financial institutions that work with fintechs navigate the complex world of regulatory compliance.
WASHINGTON, DC, Sept. 17, 2024 -- The Innovative Payments Association (IPA) recently released “IPA’s Guide to Developing a Bank-Fintech Regulatory Compliance Plan,” which helps financial institutions that work with fintechs navigate the complex world of regulatory compliance. “This guide is a big step forward in helping financial institutions and fintech companies create partnerships that are both innovative and compliant,” said Brian Tate, President and CEO of IPA. “At IPA, we believe regulatory compliance should not hinder innovation. Instead, it should be a framework that supports the development of new and exciting financial products. This guide provides the tools needed to build those frameworks.” As financial institutions work more with fintech companies, regulatory compliance is more important than ever. This guide offers a detailed look at the critical legal and regulatory issues that banks and fintechs must address. It's an essential resource for any organization looking to innovate in the financial sector while meeting strict regulatory requirements. It covers vital topics, including:
The guide is not meant to replace legal advice but to offer a framework to help companies develop comprehensive compliance programs, which protect both their interests and those of their partners and customers. About The Innovative Payments Association (IPA) is the leading voice of the electronic payments sector, including prepaid products, mobile wallets, and person-to-person (P2P) technology for consumers, businesses, and governments at all levels. The IPA encourages the efficient use of electronic payments, cultivates financial inclusion through educating and empowering consumers, and represents the industry before legislative and regulatory bodies. To learn more about IPA, visit ipa.org or follow us on LinkedIn. In today's interconnected business landscape, companies often rely on third-party vendors, suppliers, and partners to help them operate efficiently and effectively. While these relationships can bring numerous benefits, they also come with inherent risks. To mitigate these risks and ensure proper oversight of third-party relationships, it is crucial for organizations to go beyond traditional due diligence and establish a comprehensive third-party oversight framework. Due diligence is the initial step in evaluating and vetting potential third-party partners, but it is just the beginning. A comprehensive third-party oversight framework encompasses a range of ongoing activities and processes aimed at monitoring and managing relationships with third parties throughout the entire lifecycle. This framework should be designed to address key areas such as compliance, risk management, performance monitoring, and relationship management. One important aspect of building a comprehensive third-party oversight framework is defining clear roles and responsibilities within the organization. It is essential to designate individuals or teams who are responsible for managing third-party relationships, conducting ongoing monitoring activities, and ensuring compliance with relevant regulations and policies. These individuals should have the necessary skills and expertise to effectively oversee and manage third-party relationships. Another critical component of a comprehensive third-party oversight framework is establishing key performance indicators (KPIs) and metrics to measure the performance and effectiveness of third-party relationships. These KPIs can include factors such as service delivery, quality, compliance with contractual terms, and overall value provided by the third-party partner. Regular monitoring and reporting on these KPIs can help identify potential issues or concerns early on and facilitate timely corrective actions. In addition to monitoring performance, organizations should also pay close attention to compliance and risk management aspects of third-party relationships. This includes conducting regular audits, assessments, and due diligence reviews to ensure that third-party partners are meeting regulatory requirements, adhering to best practices, and managing risks effectively. It is important to have processes in place for addressing any compliance violations or issues that may arise during the relationship. Lastly, effective relationship management is a key component of a comprehensive third-party oversight framework. Building strong, collaborative relationships with third-party partners can help enhance trust, communication, and overall alignment of goals and objectives. Regular communication, feedback, and engagement with third parties can help foster a culture of transparency, accountability, and mutual respect. Going beyond due diligence and establishing a comprehensive third-party oversight framework is essential for organizations looking to effectively manage and mitigate risks associated with third-party relationships. By defining clear roles and responsibilities, establishing KPIs and metrics, focusing on compliance and risk management, and fostering strong relationships, companies can enhance the value and success of their third-party partnerships while minimizing potential pitfalls and challenges. IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
With the growing legalization of cannabis across the U.S., the industry is booming. However, one major challenge that cannabis businesses face is banking compliance. Due to the federal illegality of cannabis, many banks are hesitant to work with cannabis businesses, making it difficult for these companies to operate smoothly. To navigate the complex world of cannabis banking compliance, businesses must develop a strong compliance program. Here are some steps to help guide you in building a successful cannabis banking compliance program: Understand Federal vs. State Regulations It's important to understand the difference between federal and state regulations when it comes to cannabis. While many states have legalized cannabis for medical or recreational use, it is still illegal at the federal level. This means that banks must adhere to federal regulations, such as the Bank Secrecy Act and anti-money laundering laws, when working with cannabis businesses. Conduct a Risk Assessment Before building a compliance program, businesses should conduct a thorough risk assessment to identify potential compliance risks. This includes assessing the risk of money laundering, financial crime, and regulatory violations. By understanding these risks, businesses can develop appropriate controls to mitigate them. Develop Written Policies and Procedures Clear and comprehensive written policies and procedures are essential for a strong compliance program. These should outline the company's compliance obligations, reporting requirements, and internal controls. By having these policies in place, businesses can ensure that all employees understand their responsibilities and adhere to compliance standards. Implement Training Programs Training employees on compliance requirements is crucial for the success of a compliance program. All staff members should be educated on anti-money laundering laws, regulatory requirements, and the company's policies and procedures. This will help ensure that all employees are aware of their compliance responsibilities and can identify and report suspicious activity. Conduct Regular Monitoring and Audits Regular monitoring and audits are essential for assessing the effectiveness of a compliance program. Businesses should conduct internal audits, risk assessments, and compliance reviews to identify any weaknesses or areas for improvement. By regularly monitoring compliance activities, businesses can proactively address any issues before they escalate. Stay Informed on Regulatory Changes Given the evolving nature of cannabis regulations, businesses must stay informed on any changes to federal or state laws. This includes monitoring regulatory updates, industry news, and legal developments that may impact compliance requirements. By staying informed, businesses can adapt their compliance programs to meet changing regulatory standards. In conclusion, building a cannabis banking compliance program is essential for navigating the complexities of the cannabis industry. By following these steps and investing in a strong compliance program, businesses can mitigate risks, ensure regulatory compliance, and build a solid foundation for success in the cannabis industry. IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
Artificial Intelligence (AI) has been making waves in the financial technology (FinTech) industry, revolutionizing the way financial institutions operate and provide services to customers. However, the rapid advancement of AI technology has also raised concerns about data privacy, security, and potential bias in decision-making processes. As a result, regulators are now taking a closer look at how AI is being used in FinTech and are working to establish guidelines and regulations to ensure that AI is being used responsibly and ethically. One of the key issues that regulators are focusing on is the transparency and explainability of AI algorithms. In the past, AI algorithms have been criticized for being black boxes, meaning that it is difficult to understand how they arrive at their decisions. This lack of transparency can lead to potential bias or discrimination in decision-making processes, especially when it comes to issues like lending or insurance. To address this concern, regulators are working to establish guidelines that require financial institutions to be able to explain how their AI algorithms work and how they arrive at their decisions. This will not only help to ensure that AI is being used responsibly, but it will also allow customers to have a better understanding of why certain decisions are being made. In addition to transparency and explainability, regulators are also looking at how to ensure that AI algorithms are fair and unbiased. There have been instances where AI algorithms have been found to exhibit bias, either due to the data that was used to train them or the way they were programmed. This can lead to discrimination against certain groups of people, which is a major concern for regulators. To address this issue, regulators are considering implementing guidelines that require financial institutions to regularly monitor and audit their AI algorithms for bias and discrimination. This will help to ensure that AI is being used in a fair and ethical manner, and that any potential biases are identified and addressed before they can cause harm. Overall, the upcoming regulations in FinTech aim to strike a balance between fostering innovation and ensuring that AI is being used responsibly and ethically. By establishing guidelines for transparency, explainability, and fairness, regulators hope to create a framework that allows for the continued advancement of AI technology in the financial industry while also protecting consumers and promoting trust in the system. IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market. Ben Jackson is the Chief Operating Officer of the Innovative Payments Association, a leading trade association representing companies in payments. With over two decades of industry experience, Ben is dedicated to providing valuable information, advocacy, and support to help members improve financial outcomes for consumers, businesses, and government agencies. Connect on LinkedIn If your LinkedIn feed is anything like mine, you’ve seen an uptick in people looking for jobs and companies announcing cuts.
These are likely reactions to uncertainties in the economy and the political landscape. The problem is that they are the wrong reaction. My thinking on this is informed by my time at the Graduate School of Banking at the University of Wisconsin, Madison. I was invited to attend when I was a reporter for American Banker. (The industry wanted to make sure that the reporting covering it had some knowledge of how things worked.) One of the professors castigated the students for having the instinct to cut every time there was a problem or downturn. As he put it, companies might save some money by making cuts, but they don’t earn returns. Companies earn returns by investing. We can see the results of not investing in the payments industry when we read the consent orders that have been filed against issuing banks. They failed to invest in adequate and qualified staff to manage partners and programs. They failed to invest in adequate systems to manage risks, identify customers, or even maintain ledgers. They failed to invest in proper oversight of their partners. Banks that want to be in the innovation business are going to need to think of themselves as investors in the fintech sector. The difference is that the investments they make will not be monetary investments in third party companies. Instead, the dollars will need to be spent on themselves for technology, for additional people, and for training the people they have. Two challenges will face the institutions that do this. First, they will need to develop a strategy that justifies a longer time horizon for return on investment. In a world dominated by quarterly earnings calls, this can be tough. But having a larger goal can help directors and investors follow the money. Second, they will need to get comfortable not following crowd and cutting when times are tight. It can be difficult to take a different path than colleagues and competitors. But innovation comes from finding opportunity where others see problems. Earned Wage Access (EWA) is becoming more and more popular among employees and employers alike to provide financial flexibility and stability. EWA allows employees to access a portion of their earned wages before payday, helping them to cover unexpected expenses or bridge financial gaps without relying on high-interest payday loans or credit cards. While EWA can provide significant benefits to employees, it is essential for employers to ensure that they are implementing these programs in a compliant and responsible manner. Compliance with federal and state laws is crucial to protect both employees and employers from potential legal issues. One important aspect of compliance with EWA programs is ensuring that employees are informed about the terms and conditions of the program. Employers should clearly communicate how EWA works, including any fees or charges associated with accessing their wages early. Transparency is key to building trust and ensuring that employees understand their rights and responsibilities. In addition to transparency, employers must also ensure that their EWA programs comply with all relevant labor laws and regulations. This includes ensuring that employees are not being charged excessive fees for accessing their wages early and that the program does not violate any wage and hour laws. Employers should work closely with legal counsel to review their EWA programs and ensure that they are in compliance with all applicable laws. Furthermore, employers should also consider the potential impact of EWA programs on employees' overall financial well-being. While EWA can provide short-term financial relief, it is not a long-term solution to financial instability. Employers should encourage employees to use EWA responsibly and provide resources for financial education and counseling to help employees improve their financial literacy and management skills. By ensuring compliance with laws and regulations, promoting transparency and responsible practices, and providing support for employees' financial well-being, employers can ensure that their EWA programs are a positive and valuable addition to their benefits offerings. Earned Wage Access can be a powerful tool for improving employee satisfaction and retention, but it is essential to implement these programs in a way that prioritizes compliance and responsible practices. IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
Open banking is a hot topic in the world of finance, with many experts predicting that it will revolutionize the way we manage our money. By allowing third-party financial service providers to access consumer banking data through APIs, open banking has the potential to create a more competitive and innovative financial ecosystem. However, with great innovation comes great responsibility, and compliance with regulations is key to ensuring the success of open banking in the future. Compliance regulations are crucial in the world of open banking as they protect consumers and ensure that their data is being handled securely and responsibly. With the rise of cybersecurity threats and data breaches, compliance regulations play a vital role in building trust between consumers, financial institutions, and third-party service providers. This trust is essential for the success of open banking, as consumers need to feel confident that their data is safe, and their financial information is being handled with care. As the landscape of innovation in open banking continues to evolve, compliance will play an increasingly important role in shaping the future of this industry. Financial institutions and third-party service providers will need to stay ahead of regulatory requirements and ensure that they are following best practices for data security and privacy. Failure to comply with regulations can result in hefty fines and reputational damage, so it is crucial for organizations to prioritize compliance in their open banking initiatives. Innovations in open banking, such as real-time payments, personalized financial products, and enhanced financial literacy tools, have the potential to transform the way we interact with our money. However, these innovations can only be successful if compliance is at the forefront of development. By ensuring that data is secure, privacy is protected, and regulations are followed, open banking can continue to grow and thrive in the future. In conclusion, the future of open banking is bright, with endless opportunities for innovation and transformation in the financial industry. Compliance with regulations will be essential in shaping this future, as it will ensure that consumer data is protected, and that trust is maintained between all parties involved in open banking. By prioritizing compliance and following best practices, the landscape of innovation in open banking will continue to flourish, creating a more competitive and consumer-friendly financial ecosystem for years to come. IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
Regulation E, also known as the Electronic Fund Transfer Act, is a federal regulation that governs electronic transfers of funds, such as ATM transactions, debit card transactions, and direct deposits. The Consumer Financial Protection Bureau (CFPB) is the primary enforcement agency for Regulation E, and it has been cracking down on violations in recent years. For companies in the payments industry, understanding and complying with Regulation E is crucial to avoid costly enforcement actions and penalties. CFPB Enforcement Actions The CFPB has taken enforcement actions against companies in the payments industry for various violations of Regulation E. These violations can include failing to provide consumers with required disclosures, improperly handling error resolution requests, and engaging in deceptive or unfair practices related to electronic fund transfers. In some cases, companies have been ordered to pay restitution to affected consumers and civil penalties to the CFPB. Compliance Tips for the Payments Industry To avoid running afoul of Regulation E and facing enforcement actions from the CFPB, companies in the payments industry should take the following compliance tips into consideration:
IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
By Brian Tate
IPA President and CEO Fraud and scam activity can happen to anyone. By anyone, I mean it always seems to happen to someone else, or in other words, someone you don’t know. I have worked in the financial services industry for over 20 years and I have given advice to countless people regarding how to protect oneself from fraud or what to do once a fraudulent act has occurred. Like most things, fraud hits a little differently when it is closer to home. Just a few days ago I learned that my mother was the victim of bank account fraud. We believe it may have been an account takeover or at the very least, someone who illegally obtained her personal credentials and instigated a couple of small financial transactions that I am sure were designed to see if it was possible to begin transferring money out of her account. The phony test transactions were successful and could have led to larger transactions that would have siphoned money out of her account. However, my retired senior citizen mother noticed. She noticed a suspicious fake email addressed from a friend asking for money, which led her to check her bank statement online. To her credit she immediately notified the bank that she noticed transactions that she did not authorize were on her statement. The bank conducted a brief investigation and returned her money. My mother was lucky and fortunate. Although my mother knows I work in the financial services community, I am pretty sure we have never had a conversation about what to do when fraud occurs. Nonetheless, she did all the right things any financial fraud professional would recommend. She regularly tracked her bank transactions and statements. Once she noticed suspicious activity, she moved quickly to tell her bank. Lastly, she has taken steps to open new accounts. There are a lot of senior citizens who are not as lucky or haven’t been that fortunate when it comes to scams or fraud. Fraudsters focus in on seniors for a wide variety of reasons – they tend to have money saved, they are trusting, and generally are not as knowledgeable about technology. Scams targeting senior citizens are unfortunately all too common and often can be devastating. I don’t want anyone to be a victim of fraud. But in the tech-based world we live in, I know most, if not all of us will be victims at some point. That does not mean we should just let it happen. There are steps we can all take to protect ourselves:
Be Aware of the Different Types of Scams
Red Flags
What to Do if You're Targeted If you suspect a scam, report it to your bank, local law enforcement, and the Federal Trade Commission; find a list of resources on our consumer support page. Regulators are facing a deadline for any new rules that they want to put in place, but that deadline isn’t the election, or even the inauguration of a new president.
Instead, their calendars are set based on the Congressional Review Act, or CRA as it is sometimes known (though not to be confused with the Community Reinvestment Act for banks). CRA dates back to 1996, when it became law as part of the Small Business Regulatory Enforcement Fairness Act. It requires federal agencies to submit any major rule to the Government Accounting Office and to both houses of Congress before the rule goes into effect. Major rules are defined in the law as: “The CRA defines a major rule as one that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, or innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. 5 U.S.C. § 804(2).” Additionally, the CRA gives Congress the ability to disapprove of major rules issued by regulatory agencies. If Congress overturns a rule, then it cannot go into effect and an agency cannot issue another rule that is substantially the same unless a new is law passed that enables or requires the agency to do so. The CRA is fairly restrictive and has only been used to overturn 20 rules since its inception. To do so requires both houses to approve a resolution and either the President to sign it or Congress to override a veto for it to take effect. It is essentially an up or down vote on the rule; Congress does not have the ability to rewrite the rules it receives. There is one additional wrinkle to all of this. Congress must act within 60 days of continuous session from the day it receives the rules. According to a GAO brief on the Act: “Days-of-continuous-session periods count every calendar day, including weekends and holidays, and exclude only days that either chamber (or both) is gone for more than three days pursuant to an adjournment resolution.” If Congress adjourns before the time runs out, then the next Congress has a full 60 days to review major rules starting on the 15th day of the new session in each chamber. Congress is scheduled to be in session until December 19, according to CQ Roll Call. That means, any final rule needs to be sent to Congress by early September because Congress is out in October. So, the rest of this summer has the potential to be a busy one if regulators work to get new regulations out with tight comment and review timelines to beat the Congressional Review Act. The industry will need to be ready to move quickly on proposals. |
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