News & Analysis as of

FinTech Open Banking

A&O Shearman

FCA and ICO joint insights on the future of open finance

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The UK Financial Conduct Authority (FCA) and the Information Commissioner's Office (ICO) have published a joint article through the Digital Regulation Cooperation Forum (DRCF), outlining their collaborative efforts and next...more

Orrick, Herrington & Sutcliffe LLP

Fed issues report on the emergence of Pay-by-Bank

Recently, the Fed published a research note examining the rise of Pay-by-Bank as a payment solution for consumers, focusing on its adoption at the point of sale as an alternative to cash or credit payment options. The note...more

McGlinchey Stafford

CFPB to Reopen 1033 Open Banking Rulemaking

McGlinchey Stafford on

The Consumer Financial Protection Bureau’s (CFPB) open banking rules, issued under Section 1033 of the Dodd-Frank Act, have been the subject of ongoing litigation since their finalization late last year. The litigation is...more

Sheppard Mullin Richter & Hampton LLP

In a Surprising Switch, CFPB Now Seeks to Rewrite Open Banking Rule

On July 29, the U.S. District Court for the Eastern District of Kentucky granted the CFPB’s request to stay litigation challenging its open banking rule. The rule (previously discussed here) aimed to establish industry-wide...more

A&O Shearman

FCA publishes report on open finance sprint

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The UK Financial Conduct Authority (FCA) has published the 2025 outcomes report of the open finance sprint, held in March. The Sprint brought together stakeholders to develop practical data-sharing use cases across four key...more

Holland & Knight LLP

Nuevo proyecto de decreto para el sistema de finanzas abiertas en Colombia

Holland & Knight LLP on

La Unidad de Regulación Financiera (URF) publicó para comentarios al público una nueva versión del proyecto de decreto por medio del cual se pretende regular el sistema de finanzas abiertas en Colombia....more

Orrick, Herrington & Sutcliffe LLP

District court urged to uphold the CFPB’s open banking rule

On June 29, an intervenor-defendant, a fintech association, filed a motion for summary judgment urging the U.S. District Court for the Eastern District of Kentucky to uphold the CFPB’s Section 1033 rule. The fintech...more

Morrison & Foerster LLP

A Hard Reset on 1033?: A Look at What’s Next for Open Banking

The financial services industry generally, and data aggregators specifically, have watched intently as the Trump administration has altered the course of the Consumer Financial Protection Bureau (CFPB or “Bureau”), in an...more

Sheppard Mullin Richter & Hampton LLP

CFPB Seeks to Vacate Open Banking Rule

On May 23, the CFPB notified a Kentucky federal court that it now considers its own 2023 open banking rule “unlawful” and plans to set the rule aside. The Bureau announced its intent to seek summary judgement against the...more

Ballard Spahr LLP

CFPB will kill Section 1033 Open Banking Rule

Ballard Spahr LLP on

The CFPB is planning to repeal its Section 1033 Open Banking Rule, according to a filing in a federal lawsuit challenging the rule. On the same day the Final Rule was issued, the Banking Policy Institute (BPI) and Kentucky...more

Carey Olsen

Bermuda Fintech Guide (Chambers)

Carey Olsen on

This chapter provides the latest legal information on Bermuda's fintech market and regulation, including regulatory jurisdiction, sandboxes, AML rules and FATF standards; robo-advisers, online lenders and payment processors;...more

Hogan Lovells

FCA Annual Work Programme 2025/26: A work plan reflecting the UK government’s pro-growth mission

Hogan Lovells on

Motor finance, mortgage rule review work and Consumer Duty feature prominently in the work plans for this strategic priority. Firms should note that the FCA includes a warning in relation to the Duty that, where necessary, it...more

Orrick, Herrington & Sutcliffe LLP

Fintech trade association moves to intervene against CFPB in open banking litigation

On March 26, the U.S. District Court for the Eastern District of Kentucky received a renewed motion from a fintech trade association to intervene in a case against the CFPB’s Personal Financial Data Rights rule. The trade...more

McGlinchey Stafford

The Next Wave of Open Banking: New Rules on Personal Financial Data Rights

McGlinchey Stafford on

A rapid transformation in consumer finance is being brought about by open banking—a pivotal innovation that allows consumers to give third parties real-time access to their detailed financial data. Open banking has the...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Pauses Open Banking Rule Litigation

On February 25, a federal judge in the United District Court for the Eastern District of Kentucky approved a joint motion between the CFPB and banking trade groups to pause litigation over the agency’s 1033 open banking rule....more

McGlinchey Stafford

CFPB’s Open Banking Rules: Dead on Arrival or Alive and Well?

McGlinchey Stafford on

The Consumer Financial Protection Bureau (CFPB) finalized its long-awaited Personal Financial Data Rights rules under Section 1033 of the Dodd-Frank Act, marking a significant milestone in the regulation of...more

Orrick, Herrington & Sutcliffe LLP

Fintech trade group argues to sustain open banking rule

On February 12, a trade group representing the fintech industry filed a motion to intervene in a pending lawsuit regarding the CFPB’s final rule on open banking, in order to defend it. The suit was filed originally by a bank...more

A&O Shearman

UK payments regulators discuss next steps for open banking

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The Financial Conduct Authority and Payment Systems Regulator have set out the next steps for open banking, focusing on variable recurring payments. In the statement the regulators explain the benefits of variable recurring...more

Clark Hill PLC

CFPB Approves FDX Application With Conditions to Foster Transparency and Open Banking

Clark Hill PLC on

The Consumer Financial Protection Bureau (CFPB) has approved the Financial Data Exchange’s (FDX) application to serve as a standard-setting body under the final rule for Personal Financial Data Rights, (“open banking”)...more

K&L Gates LLP

Complying With the New "Open Banking" Regime: Primer and Fact Sheet

K&L Gates LLP on

The Consumer Financial Protection Bureau (CFPB) finalized its “open banking” rule in late 2024. As required by Section 1033 of the Consumer Financial Protection Act, the CFPB promulgated the rule to require certain financial...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues first application approval for company to issue standards for open banking

On January 8, the CFPB issued an order recognizing a company as a standard-setting body under its Personal Financial Data Rights rule, marking the first such recognition since the rule’s October 2024 release. The rule...more

Troutman Pepper Locke

CFPB Approves Financial Data Exchange as Open Banking Standard Setter

Troutman Pepper Locke on

On January 8, the Consumer Financial Protection Bureau (CFPB) officially recognized Financial Data Exchange, Inc. (FDX) as the first standard-setting body under the Personal Financial Data Rights promulgated rule under...more

McGlinchey Stafford

[Webinar] Deep Dives Presents: Open Banking - January 15th, 10:00 am PT

McGlinchey Stafford on

Join McGlinchey’s Deep Dives series for an in-depth exploration of open banking, a transformative trend reshaping financial services. This webinar will discuss the opportunities, challenges, and regulatory considerations of...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Navigating the New CFPB Open Banking Rule

Ballard Spahr LLP on

In today’s podcast episode, we’re joined by Alex Johnson, Founder of Fintech Takes, and Paige Paridon, Senior Vice President, Senior Associate General Counsel & Co-Head of Regulatory Affairs at Bank Policy Institute, to take...more

Skadden, Arps, Slate, Meagher & Flom LLP

National Payments Vision: A Strategic Blueprint for the Future of UK Payments

On November 14, 2024, the UK government unveiled its National Payments Vision (the Vision), a strategy designed to reshape the UK’s payments ecosystem. This Vision responds to the findings of the 2023 Future of Payments...more

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