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The election gives us the opportunity to rethink fintech regulation

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The incoming Trump administration, and state-level government across the country, should treat the election as an opportunity to bring the supervisory treatment of fintech into line with the new reality of financial services, writes Phil Goldfeder, of the American Fintech Council.
Graeme Sloan/Bloomberg

Regardless of the outcome of this presidential election, everyone in financial services knew we were in for a change of presidential administration — new regulators, new priorities and ideally a fresh approach. Now it is clear that Republican control will return to the White House and both houses of Congress, and many state capitals will also see new administrations take the reins. A chance to rethink financial services regulation is here, and not a moment too soon.

The past decade has seen incredible innovation and growth in the financial sector, particularly driven by responsible fintech companies and innovative banks offering more inclusive and transparent financial services that consumers have long craved. It is increasingly clear, however, that many policymakers and regulators around the country — regardless of political party — remain caught up in dated notions about finance, applying decades-old frameworks to products and services that fundamentally differ from those of the past.

As new leadership takes shape around the country, we are facing a significant mismatch between the fintech products helping consumers improve their daily lives and the regulatory systems designed to keep our banking system fair and stable. In the name of protecting consumers, we should not jeopardize access to responsible tools that families rely on. 

The coming years are an opportunity to chart a more forward-looking course. The incoming Trump administration, as well as state leaders, must prioritize regulatory nominees who understand the fintech industry and recognize that old regulatory structures don't neatly fit new products and services. Responsible fintech companies are ready to collaborate on creating rules of the road that protect consumers without stifling innovation. Our collective focus and ultimate goal must be to break down traditional barriers to capital and better serve communities and businesses.

Responsible fintech companies share a focus on using technology to bring access, transparency, inclusivity, safety and simplicity to finance. Our industry has succeeded by democratizing financial services and giving consumers a level of confidence and control over their financial futures that the traditional system has long struggled to provide.

Take, for example, the Federal Deposit Insurance Corp.'s recent proposal on brokered deposits. Previous guidance on this rule, which is meant to prevent banks from taking on excessive risk, was designed with industry participation and developed in a thoughtful manner to ensure true industry and regulatory collaboration. Millions of people, particularly historically underserved communities, have come to rely on easy-to-use fintech platforms to manage their finances. These offer convenient access to traditional banking products through bank-fintech partnerships. While past FDIC guidance respected these partnerships, proposed new FDIC rules would sweep them up into decades-old regulations mischaracterizing them as inherently risky. The proposal simply does not match the reality of these partnerships, and would ultimately harm consumers who rely on fintech tools for everyday financial management under the guise of consumer protection.

Tough exams and consent orders on banks that partner with fintechs are expected to remain, even after the election of President Trump.

November 8

Individuals and families who rely on responsible earned wage access, or EWA, products are likewise finding an important financial tool in regulatory jeopardy. EWA allows workers to access a portion of wages they have already earned before their paycheck arrives. This offers a crucial lifeline for those who struggle with cash flow, depend on additional income from extra shifts or use EWA products to meet unexpected expenses. EWA is nonrecourse — meaning providers do not engage in any collection activity — and do not charge interest. However, proposed CFPB rules would treat EWA products like traditional loans, failing to recognize the crucial differences that have made EWA popular among consumers in the first place. It is difficult to overstate how important EWA is for users compared to harmful alternatives like payday and predatory loans. In the name of consumer protection, the CFPB threatens to reduce the availability of this flexible financial tool and inadvertently drive consumers toward the predatory products of the past.

The importance of getting fintech standards right is underscored by the broad scope of innovation across the industry. Fintech goes well beyond the world of startups and tech-first companies to include community and regional banks that are focused on offering the latest technology and services to families across the country. All of this important work is jeopardized if state or federal policymakers fail to account for the responsible innovations driving consumer-centric finance, which would ultimately harm everyday people the most.

Consumers benefit from products that are keenly focused on their needs — as opposed to the opaque, complex and expensive business models of the past. Whatever "disruption" fintech has caused says less about responsible players in our industry and more about the massive gaps in our system left by traditional institutions who grew comfortable operating on outdated models of fine print and hidden fees.

The best companies and products are those that give consumers what they want and need. In finance, that means transparency, inclusivity and control. As long as responsible fintech companies and innovative banks continue to deliver, our industry, and more importantly, the families they serve, will continue to win. Without responsible innovation in financial services, millions of Americans, particularly those underserved by legacy institutions, will pay the price in the form of fewer choices, less competition and weakened innovation.

Responsible players in the fintech industry are ready to work with new administrations and regulators, in Washington and states around the country, on common-sense rules of the road that give us the clarity we need to best serve the American people. It's up to those in power to recognize the realities of the responsible fintech industry and put consumer needs at the center of policymaking.

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Fintech Regulation and compliance Politics and policy
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