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When Did You Last Review Your Consumer Contracts?

A CFPB Circular from June bears additional scrutiny from across the financial services spectrum. Despite most courts allowing “savings” clauses in contracts, the Consumer Financial Protection Bureau (CFPB) indicates that the...more

New OCC Bank Merger Act (BMA) Guidance

The Office of the Comptroller of the Currency (OCC) released guidance regarding its planned changes to the Bank Merger Act (BMA).  The New Rule: Explicitly adds financial stability as a key factor for assessing mergers,...more

FDIC Reemphasizes Focus on FinTech Partnerships and Account Reconciliation

In what should come as no surprise to FinTech sponsor banks, the FDIC is reemphasizing the need to maintain control over synthetic account ledgers in the wake of the Synapse collapse. On September 17, the FDIC's rulemaking...more

Who is Paying Who: The Employee or the Employer?

Since 2022, the Consumer Financial Protection Bureau (CFPB) has a stated priority of “protecting employees and their rights through conducting reports, inquiries, and issuing requirements for employers.” In July 2024, the...more

[Webinar] FinTech University: FinTech and Bank Regulations - March 5th, 2:00 pm - 3:00 pm EST

Join us for the next edition of FinTech University as we focus on FinTech and bank regulations. This webinar will examine how bank regulations affect the FinTech industry (and vice versa), and what banks need to know when...more

NCUA Announces New Cyber Threat Reporting Requirement

The NCUA stated the new rule, which was approved on Feb. 16, 2023, aims to mitigate cyber incidents “that [lead] to a substantial loss of confidentiality, integrity, or availability of a network or member information system...more

[Webinar] FinTech University: FinTech and Data Privacy - March 7th, 2:00 pm - 3:00 pm EDT

Join us for the next edition of FinTech University as we focus on FinTech and Data Privacy. This webinar will provide an overview of data privacy and securities concerns, as well as regulations, and how they affect the...more

Analysis of CFPB Developments Regarding the BNPL Industry

Since the early 2010s, there has been explosive growth in the Buy Now Pay Later ("BNPL") space. One of the early players—Affirm—was founded in 2012 by a co-founder of PayPal. By 2022, there are dozens of players in the BNPL...more

I’m From the Government and I’m Here to Help: President Biden Signs Executive Order on Digital Assets

Please forgive some members of the FinTech community for remembering President Ronald Reagan’s comment: “The nine most terrifying words in the English language are: ‘I’m From the Government and I’m Here to Help.’” President...more

DOJ Redlining Initiative Revealed

For the past six months, we have received calls from banks and non-depository mortgage lenders regarding Department of Justice (“DOJ”) investigations into mortgage lending discrimination. These DOJ inquiries are bypassing the...more

Banks and FinTechs Beware: Here Come the Sanctions - What We Can Learn from Previous OFAC Actions Involving FinTech Companies

With Russia’s invasion of Ukraine last week, we saw a swift response by the U.S. beginning with President Biden’s Executive Order 14024 (“The EO”) and followed quickly by the Office of Foreign Assets Control’s (“OFAC”) severe...more

[Webinar] FinTech University: FinTech and the Automotive Industry - December 7th, 3:00 pm - 4:00 pm EST

Continuing the FinTech University series, please join Richard Levin, Jody Porter, Brad Rustin, Craig Nazzaro, and Kevin Tran for a program focusing on FinTech and the automotive industry. The session will include 10 minutes...more

[Webinar] Fintech University: What is Fintech? - September 22nd, 11:00 am - 12:00 pm EDT

Launching the Nelson Mullins FinTech University series, join Richard Levin, Brad Rustin, Craig Nazzaro, and Kevin Tran for a program focusing on FinTech and how it is reshaping the world. This first one-hour CLE will...more

Continued Support for AI from the Financial Services Regulators

On March 29, 2021, the primary federal bank regulators (the Federal Reserve, CFPB, the FDIC, the NCUA, and the OCC) issued a request for information to gain input on the growing use of Artificial Intelligence (“AI”) by...more

FinTech Charters and Modernization of Financial Services Regulations

The Consumer Financial Protection Bureau (“Bureau” or “CFPB”) Taskforce on Federal Consumer Financial Law (“Taskforce”) released a two-volume report, on January 5, 2021, providing an examination of the existing legal and...more

[Webinar] In the Trenches: Developments and Best Practices in Payments - August 13th, 11:00 am - 12:30 pm EDT

Join Nelson Mullins attorneys Brad Rustin and Craig Nazzaro for a full overview of the developments and best practices within the Payments space. We will cover regulatory issues, solutions and common challenges for both those...more

CFPB Highlights the Growing Role of Artificial Intelligence in the Delivery of Financial Services

The Consumer Financial Protection Bureau ("CFPB") has published guidance on July 7, 2020 which highlights the potential use of Artificial Intelligence (“AI”) in the delivery of financial services—particularly in credit...more

[Webinar] In the Trenches: Operating During the Crisis -- CFPB Agenda for 2021 and Beyond - July 16th, 11:00 am - 12:00 pm EDT

The impact of the coming election, current pandemic and recent SCOTUS decision all have enormous impacts on the CFPB and the regulation of consumer finance. Join us for a review of the probable direction of the CFPB and what...more

[Webinar] In the Trenches: The Shift to Digital Banking - Trends and Risks Post COVID-19 - June 11th, 11:00 am EDT

Join Brad Rustin, Craig Nazzaro, and Mark Miller as they cover the shift in customer needs and experience and the impact this shift has on your BSA/AML/KYC concerns, CRA program, and fintech partnership risks. They will also...more

[Webinar] In the Trenches: Paycheck Protection Program (“PPP”) Loan Forgiveness - May 28th, 11:00 am - 12:30 pm EDT

The Small Business Administration (“SBA”) recently issued a formal Paycheck Protection Program (“PPP”) Loan Forgiveness Application. We will highlight a number of key elements of the application. Additionally, we will review...more

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