In a prior post, we reported that the language used in orders recently issued by the CFPB to leading Buy Now, Pay Later (“BNPL”) providers suggested that the CFPB intends to use the information it collects to build enforcement cases rather than monitor market developments. We also reported that if this is the case, it […]
Is the CFPB using its market monitoring orders to build enforcement cases?
As we previously noted, on October 21, the CFPB issued orders to six large technology firms seeking information about their payment product business plans (the “October 21 Orders”). According to the Bureau, the purpose of orders was to “shed light on the business practices of the largest technology companies in the world.” The CFPB’s use […]
Did the CFPB follow PRA requirements in issuing its Big Tech orders?
On October 21, the CFPB issued a series of orders to “collect information on the business practices of large technology companies operating payments systems in the United States.” The CFPB sent the orders to six companies: Amazon, Apple, Facebook, Google, PayPal, and Square. In a statement accompanying the press release announcing the orders, Director Chopra […]
Third Party Payment Processors as ‘Covered Persons’: A Return to CFPB Regulation by Enforcement?
A&B ABstract: The CFPB has recently asserted extraordinary authority to make any payment processor monitor the activities of any merchant for which it processes payments, even if that merchant does not provide consumer financial products or services. Does its argument hold up? The CFPB’s Complaint Against BrightSpeed On March 3, 2021, the Bureau of Consumer […]
Colorado Privacy Act Becomes Third Comprehensive State Privacy Act in the United States
The Colorado Privacy Act (CPA) became law when Governor Jared Polis signed the bill on July 7, 2021. The CPA is the third general state privacy law in the United States, following the Virginia Consumer Data Protection Act (CDPA) and the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). Although the CPA does not provide […]