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President Biden’s Working Group on Financial Markets Issues Report on Stablecoins

Troutman Sanders

As noted in the Report, stablecoins predominantly are used to facilitate trading, lending, and borrowing of other digital assets. The Report covers each of these risk categories in detail. According to the Report, stablecoin arrangements and activities “may implicate” the jurisdiction of the SEC and/or the CFTC for several reasons.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Federal Activities: On September 30, the Commodity Futures Trading Commission (CFTC) filed an enforcement action against crypto futures and spot market exchange Digitex and its founder and CEO Adam Todd. The CFTC alleged that Digitex violated the Commodity Exchange Act by failing to register as a futures commission merchant.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On November 30, the Federal Trade Commission (FTC) announced that it has temporarily shut down a credit card debt relief program and its affiliated companies that allegedly took millions from consumers by falsely promising to eliminate or substantially reduce their credit card debt. To read Emmer’s letter, click here.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On March 6, the Commodity Futures Trading Commission (CFTC) Chair Rostin Behnam called on Congress to pass legislation addressing regulatory jurisdictions in the crypto industry. The SEC alleged that Shapeshift violated Section 15(a) of the Securities Exchange Act of 1934 by facilitating trades in crypto assets without registration.

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CFPB Expansion Of States’ Enforcement Authority May Be Illegal

Collection Industry News

These concerns have been expressed through high-visibility statements that have included congressional testimony and speeches before trade associations and consumer advocacy groups—all of which have raised the alarm by financial intermediaries of the threat of imminent and severe federal enforcement actions.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

The bill additionally leaves room for assets that don’t fit neatly into either category. On April 27, Federal Trade Commission (FTC) Chair Lina M. The proposed bill, which has bipartisan support, additionally implements stipulations governing the sale, storage, and trading of digital assets. For more information, click here.