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Senators urge CFPB to expand Regulation E
A group of six Democrat Senators yesterday wrote to CFPB Director Rohit Chopra in response to recent media reports that the Bureau is considering issuing additional guidance to expand Regulation E, which would seek to ensure financial depository institutions cover losses from consumer transactions that are a result of scam, a direct expansion of the current regulation that requires depository institutions to cover losses for consumer transactions as they relate to fraud.
The group of Senators, including Senate Banking Committee Chairman Sherrod Brown, D-Ohio, Jack Reed, D-RI, Robert Menendez, D-N.J., Elizabeth Warren, D-Mass., Catherine Cortez Mastro, D-Nev., and Raphael Warnock, D-Ga., noted that “determining liability based on whether a consumer or a fraudster physically initiates a transaction is antiquated,” and that the current rules around Regulation E were drafted prior to instant payment platforms, such as Zelle and Venmo.
Encouraging Chopra to implement new guidance, the group asserted that instant payment platforms have not done enough to protect against scam or fraud, leaving consumers with no recourse.
Of note, the group provided recommendations for the CFPB to expand the current status of Regulation E stating, “a more effective approach would be for the CFPB to expand banks’ liability to encompass a far greater set of fraudulent transactions.” The group promoted a direct expansion of depository institutions’ liability for scams and other consumer-initiated fraudulent transactions.
“Given the growing marketing and use of these services, we believe it is essential that the CFPB intervene to protect consumers by more vigorously applying its existing authority under the EFTA and Regulation E, and we are pleased by reports that the agency is considering some of these actions,” concluded the group.
NAFCU will continue to monitor the CFPB’s actions around Regulation E as such changes would directly impact all credit unions. NAFCU will keep members up to date on movement around this issue via NAFCU Today.
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Add to Calendar 2024-04-11 14:00:00 2024-04-11 14:00:00 Regulation E: Impacts Across Your Institution Dive into regulatory excellence with, Regulation E: Impacts Across Your Institution. This webinar is tailored to empower you with the knowledge and strategies necessary to effectively implement the Electronic Funds Transfer Act (EFTA) and Regulation E within your operations. You’ll explore how to apply Regulation E across various business areas to ensure compliance obligations are met with precision. Key Takeaways Learn the basics of EFTA and Regulation E Understand how to apply Regulation E at your organization to detect processes and transactions that require Regulation E compliance Discover how Regulation E may apply to a large breath of areas in your institutions and functions for which you may rely on third-party vendors Review recent enforcement activity for non-compliance with EFTA and Regulation E Register Now $295 Members | $395 Nonmembers(Additional $50 for USB)One registration gives your entire team access to the live webinar and on-demand recording until April 11, 2025Go to the Online Training Center to access the webinar after purchase » Who Should Attend NCCOs NCRMs Compliance and risk titles Education Credits NCCOs will receive 1.0 CEUs for participating in this webinar NCRMs will recieve 1.0 CEUs for participating in this webinar Web NAFCU digital@nafcu.org America/New_York public
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