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Home»Regulation»US is considering applying the Electronic Fund Transfer Act to crypto accounts
US considering application of Electronic Fund Transfer Act to crypto accounts
Regulation

US is considering applying the Electronic Fund Transfer Act to crypto accounts

2023-10-08No Comments2 Mins Read
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The US Consumer Financial Protection Bureau (CFPB) is evaluating the application of the Electronic Fund Transfer Act (EFTA) to cryptocurrency platforms.

The measure is intended to strengthen consumer protection in a market plagued by recent significant hacks on platforms such as Axie Infinity, Crypto.com and FTX.

The EFTA regulations require facilitators of electronic funds to inform users of their liabilities in relation to unauthorized transfers.

Crypto hacks, financial stability and data rights

At a conference hosted by The Brookings Institution, CFPB Director Rohit Chopra laid out the agency’s intentions to delve deeper into the operational dynamics of influential technology entities.

The spotlight is on their methodologies in handling user data and their strategic intentions around the rollout or support of private digital currencies. This initiative comes amid a growing awareness of vulnerabilities in the crypto world, with unauthorized transfers becoming increasingly common.

To address this, the CFPB is considering releasing more comprehensive guidance clarifying the limits and obligations under the EFTA for digital currencies and their processors.

Chopra also shed light on the urgent need to provide the crypto ecosystem with greater financial stability. He cited a 2021 report that hinted at a possible role the Financial Stability Oversight Council could play.

The council could classify certain cryptocurrency-related activities as critical to payment and settlement processes, a move rooted in the provisions of the Dodd-Frank Act. Such categorization would pave the way for stricter oversight, especially to ensure that instruments like stablecoins deliver on their promise of stability.

At the same time, the CFPB is about to announce a carefully crafted rule around personal financial information rights. This strategic step aims to catalyze the transition to a transparent banking paradigm while underscoring the need for a strengthened framework that protects user data.

See also  SEC's Gensler Rejects 'Regulatory Clarity' Arguments In Crypto Regulation Speech

Evolution of regulations

A potentially transformative perspective emerged when SDNY Judge Denise Cote expressed her position that cryptocurrencies were best understood under the umbrella of “funds.”

Embracing this interpretation would represent a fundamental shift, bringing cryptocurrency platforms within the protective scope of the EFTA.

While this would undeniably strengthen consumer-facing safeguards, it also sets the stage for stricter compliance requirements for exchanges. As the CFPB sharpens its focus on the ever-evolving crypto landscape, industry participants and consumers alike eagerly await more nuanced and definitive policy directions.

The post that the US is considering applying the Electronic Fund Transfer Act to crypto accounts first appeared on CryptoSlate.

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