ARTICLE
28 May 2024

CFPB Interpretive Rule Holds That BNPL Lenders Are Credit Card Providers

SM
Sheppard, Mullin, Richter & Hampton LLP

Contributor

Businesses turn to Sheppard to deliver sophisticated counsel to help clients move ahead. With more than 1,200 lawyers located in 16 offices worldwide, our client-centered approach is grounded in nearly a century of building enduring relationships on trust and collaboration. Our broad and diversified practices serve global clients—from startups to Fortune 500 companies—at every stage of the business cycle, including high-stakes litigation, complex transactions, sophisticated financings and regulatory issues. With leading edge technologies and innovation behind our team, we pride ourselves on being a strategic partner to our clients.
On May 22, the CFPB announced an interpretive rule confirming that Buy Now, Pay Later (BNPL) lenders qualify as credit card providers under the Truth in Lending Act.
United States Finance and Banking

On May 22, the CFPB announced an interpretive rule confirming that Buy Now, Pay Later (BNPL) lenders qualify as credit card providers under the Truth in Lending Act, Regulation Z and are required to provide consumers legal protections and rights that apply to credit cards, including the ability to dispute charges, secure refunds for returned products and receive billing statements.

BNPL plans have been marketed as convenient financial solutions, allowing consumers to spread the cost of both products and services out over four or fewer installment payments without interest. The Bureau acknowledges that BNPL is a popular choice for online shopping and is also frequently offered alongside credit card options at physical retail locations.

The Bureau determined that BNPL mimics conventional credit cards and accordingly meets the regulatory definition of "credit cards" as defined under Regulation Z. See 12 CFR 1026.2(a)(15)(i). Moreover, BNPL lenders are considered "card issuers" and "creditors."

Under the CFPB's interpretive rule,BNPL lenders must:

  • Investigate disputes. BNPL providers are required to investigate disputes initiated by consumers. During such investigations, they must pause payment requirements and, in certain cases, must issue credits.
  • Refund returned products or cancelled services. When consumers return products or cancel services for a refund, BNPL providers must credit the refunds to consumers' accounts.
  • Provide billing statements. Consumers must receive periodic billing statements like the ones received for traditional credit card accounts.

Comments on the interpretive rule are due August 1, 2024.

Putting it into Practice: The rapid expansion of the BNPL sector has not gone unnoticed by regulators. The issuance of this interpretive rule marks a significant development in the Bureau's ongoing efforts to monitor the BNPL sector (previously discussed here, here, and here) and underscores the CFPB's push to regulate innovative financial services products that do not fall neatly within the existing framework of federal law (or here, the Truth in Lending Act).Most BNPL providers already have these processes in place but if not, they should start ensuring that their procedures match the Bureau's guidance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More