Digital wallets, Apple Pay to face greater government scrutiny
Digital wallets and payment apps — like Apple Pay, Google Pay, Venmo, and PayPal — are facing stronger regulations under the U.S. Consumer Financial Protection Bureau (CFPB), the nation's bank and financial service watchdog.
Through a new rule passed Thursday, the agency will have the power to supervise the behavior and policies of nonbank companies offering digital funds transfer and payment wallet apps —recategorizing these processors and their Big Tech owners under similar rules to banking institutions. Under its new powers, the CFPB can keep a closer eye on data collection and sharing, monitor fraudulent transactions and disputes, and act as a safeguard for users who are forcibly unbanked by having their accounts closed or frozen.
"Today's rule represents the latest step to strengthen oversight of large technology firms in consumer financial markets," the agency wrote. "The CFPB warned Big Tech firms in 2022 about their obligations under consumer protection laws when using behavioral targeting for financial products."
The rule applies to apps and services that process more than 50 million transactions per year. According to the CFPB, the most popular of these apps process over 13 billion consumer payment transactions annually. Payment apps have skyrocketed in use and popularity, outpacing the use of traditional debit or credit cards and even financial institutions at large among predominantly middle and lower income users. According to a 2023 report by the CFPB, the amount of money transferred over payment apps quadrupled between 2018 and 2022, with apps storing billions of dollars outside of federally insured banks or credit unions. The CFPB and other watchdogs have warned that this poses a higher risk of loss and fraud.
Consumer advocates like the National Consumer Law Center (NCL) are celebrating the new rule. "As our financial system evolves, it’s important that regulators keep up. Director Chopra and CFPB staff have done invaluable work over the past three years to ensure that payment facilitators follow the law, even as the technology advances. The final rule announced today will better protect the millions of consumers who use digital wallets and payment apps every day," said NCL vice president of public policy, telecommunications, and fraud John Breyault. In January, a coalition led by the NCL urged the CFPB to broaden the proposed oversight to additional financial areas, as well, including crypto-asset transactions and correctional money transfers and release cards.
"Digital payments have gone from novelty to necessity and our oversight must reflect this reality,” wrote CFPB director Rohit Chopra in a press release. "The rule will help to protect consumer privacy, guard against fraud, and prevent illegal account closures."