Jan 16 (Reuters) - Two technology trade groups sued the
U.S. Consumer Financial Protection Bureau on Thursday to block a
new rule giving the regulator supervisory authority over payment
apps and digital wallets from large non-banks.
NetChoice and TechNet said Congress did not give the CFPB
free rein to aggressively, arbitrarily and capriciously police
large non-banks offering consumer financial services through
such products as Apple Wallet, Google Pay and
Venmo.
The trade groups also said the CFPB identified no consumer
risks or gaps in regulatory oversight that justified the rule,
which covers companies that process at least 50 million
transactions annually, and more than 13 billion overall.
According to the complaint filed in Washington, D.C.,
federal court, "The bureau failed to show what consumer risks
the rule was even meant to alleviate in its haste to dream up a
problem in search of a solution."
The CFPB had no immediate comment on the lawsuit.
In announcing the final rule on Nov. 21, the CFPB said it
would help give consumers who use big technology companies for
processing payments the same protections against fraud, privacy
violations and account closures they enjoy at banks.
CFPB director Rohit Chopra said at the time that digital
payments "have gone from novelty to necessity and our oversight
must reflect this reality."
NetChoice director of litigation Chris Marchese in a
statement on Thursday called the rule an "unlawful power grab"
that could stifle innovation, reduce competition and raise
prices.
Carl Holshouser, a TechNet executive vice president, in a
separate statement said that the rule could also subject digital
payment service providers to oversight of tax payments and other
products that go beyond the CFPB's mission.
It is unclear whether Republican President-elect Donald
Trump's administration or the Republican-controlled Congress
might try to change or eliminate the rule, amid expectations
they will try to reduce the CFPB's supervisory authority.
The case is TechNet et al v CFPB et al, U.S. District Court,
District of Columbia, No. 25-00118.