April 14, 2021

Volume XI, Number 104

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An Ode to Joy- Congressional Research Service’s report on FinTech Innovation and Policy

On April 28, 2020, the Congressional Research Service (CRS) published an in depth report related to Fintech, titled Fintech: Overview of Innovative Financial Technology and Selected Policy Issues.  This report focuses on providing an overview of all types of FinTech, including blockchain and initial coin offerings (ICOs) and provides some discussions of potential legal and policy ramifications.[1] 

The Congressional Research Service, sometimes known as Congress’s think tank, is a nonpartisan research institute that provides policy and legal analysis of both the House and Senate as well as to each of their committees.  The report discusses the potential benefits and challenges associated with FinTech innovation, including underlying technological developments, technological innovations in finance, and potential regulatory approaches.

One of many interesting observations in the report concerns personal information and regulation.  Fintech lenders currently use large amounts of data--much of it unreported, about prospective consumer borrowers in conjunction with algorithmic underwriting when deciding to make a loan. Although there are clear advantages to having such data, when these FinTech lenders work with banks such partnerships implicate privacy and regulatory restrictions on consumer data which may not be otherwise accessible to banks, since banks operate under strong consumer privacy rules.

In discussing ICOs, the report highlights what it sees as a main difference between an ICO and an IPO—that generally, in an ICO, issuers are able to transfer a digital asset without an intermediary or geographic information.  A nuance that often gets lost in the discussion of digital assets—data in the form of personal identification—also circles around control and potential anti-money laundering/OFAC concerns.  These issues have, and will continue to be a point of friction between U.S. lawmakers and regulators and cryptocurrency users and supporters. 

Moving on to policy.  In discussing the way FinTech has changed capital formation, the report notes that policymakers are actively considering whether the current regulatory framework should be altered to address the risks and benefits of innovations.  We heartily agree that regulatory reform is called for to address the unique issues created by FinTech innovation. 

Between 2013 and 2017, the amount of money lent by FinTech platforms has increased a whopping 608%.  As more transactions are initiated and delivered through digital or virtual channels, the data issues and control of transfers of digital assets will become more prominent. 

[1] The second report, “Fintech: Overview of Financial Regulators and Recent Policy Approaches, will be the subject of a separate article. 

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© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume X, Number 132
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About this Author

Stephen A. Rutenberg Shareholder Polsinelli New York Bankruptcy and Financial Restructuring Bankruptcy Litigation Capital Markets ,Commercial Lending ,Debt and Claims Trading, Financial Services, Insolvency, Financial Technology FinTech and Regulation
Shareholder

Stephen Rutenberg’s practice focuses on the intersection of special situations investing and FinTech including cryptocurrency and blockchain technology. 

A significant component of Stephen’s practice relates to his work in the distressed debt market, representing clients in the purchase and sale of loans and securities of distressed and bankrupt companies. Recent representations include advising on the purchase, sale and financing of bankruptcy trade claims in several major chapter 11 cases, including Lehman Brothers, and the MF Global and Icelandic bank liquidations. He works with...

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Jason A. Nagi, Polsinelli, Distressed note purchases lawyer, Real estate matters attorney
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Jason Nagi helps clients find the most efficient route to their desired result and clients have relied on him to get them what they need – in and out of the courtroom – for more than a decade.

He has significant experience representing parties involved in the following matters:

  • Foreclosing lenders realizing on their collateral

  • Distressed note purchases

  • Real estate

  • Related bankruptcy and out-of-court...

212.644.2092
Associate

Morgan Fiander represents and provides valuable legal counsel to clients in the financial services industry. Morgan advises lenders involved in participated, co-lending, and syndicated loan transactions in enforcing their rights and protecting their interests. Morgan also represents financial services clients in matters arising out of consumer protection laws related to loan servicing, debt collection, and lending.

Morgan is experienced in handling all aspects of litigation in state and federal court from inception to trial, as well as appeals. She represents clients of all sizes,...

212-413-2838
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