June 5, 2023

Volume XIII, Number 156

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California Soliciting Comments on Potential Regulation of Crypto Products and Services

On May 4, 2022, California Governor Gavin Newsom issued an executive order on digital assets, which seeks sensible, transparent regulation through engagement with developers of digital asset-related products and services. For a detailed discussion on the executive order, see our prior blog here. In response, California’s financial regulator, the Department of Financial Protection and Innovation (DFPI), issued an invitation to submit comments on crypto-asset related products and services under the California Consumer Financial Protection Law (CCFPL).  The deadline for submission is August 5, 2022.

This is a critical opportunity for the industry to inform a major state regulator on appropriate levels of regulation to help ensure industry growth. The request seeks comments on particular areas. Specifically, DFPI is seeking input regarding:

  1. Regulatory priorities – consumer protection, education, regulatory harmonization with federal regulation, and driving innovation into the state.

  2. CCFPL Regulation and Supervision – identify the scope of CCFPL oversight, both to bring crypto asset-related products and services within already existing regulations, and seeking comment on whether a new regulatory regime is necessary.

  3. Market-Monitoring – assessing which companies, products, services and information should be collected and published by the DFPI.

Copyright 2023 K & L GatesNational Law Review, Volume XII, Number 153
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About this Author

Associate

Jeremy McLaughlin is an associate in the firm’s San Francisco office and a member of the Consumer Financial Service group. His practice focuses principally on regulatory compliance and government enforcement for Fintech and consumer financial products and services, with particular attention on emerging payments and compliance with state and federal consumer protection laws, state money transmitter licensing laws, and international remittances, as well as advising on privacy, data security, and PCI compliance. He represents and advises financial technology companies,...

415-882-8230
Christian A. Zazzali Litigation Lawyer K&L gates
Associate

Christian Zazzali is an associate in the firm’s Newark office. He is a member of the Complex Commercial Litigation and Disputes practice group. Prior to joining the firm Christian served as a legal intern for a law office in New Jersey. Through this role, Christian researched and drafted memoranda, briefs, and motions on wide range of civil disputes, including sexual assault claims against public schools. Christian also co-founded a digital assets holdings company focused on decentralized finance solutions and non-fungible token management. 

+1.973-848-4178