CFPB Proposes New Rule to Safeguard Crypto Users with Bank-like Protections
In a significant move that could change the landscape of cryptocurrency usage and security, the US Consumer Financial Protection Bureau (CFPB) Proposes Bank-like protections for users of cryptocurrency services. This proposal aims to extend the safeguards currently enjoyed by bank account holders to cryptocurrency users. If implemented, this initiative could compel crypto asset service providers to reimburse users for losses resulting from illegal activities such as hacks.
Understanding the Proposed Changes
The CFPB issued a notice on January 10 introducing a rule that extends the same protections as traditional fiat bank accounts to accounts or wallets using “emerging payment mechanisms” for personal use. This adjustment aligns with the Electronic Fund Transfer Act (EFTA), which protects consumers against errors and fraud in electronic fund transfers.
The rule expands the definition of “funds” within the EFTA to include digital assets, such as stablecoins and other similar fungible assets, that serve as a medium of exchange or facilitate the purchase of goods and services. The CFPB draws this interpretation from the EFTA’s broad language, various judicial decisions, and its own market monitoring insights.
The CFPB clarified in the proposed rule that the term “funds” in EFTA encompasses more than just fiat currency like US dollars. According to the CFPB, “funds” also include assets that function or are used like moneyโserving as a medium of exchange, a measure of value, or a means of payment.
Implications for Crypto Service Providers
This proposed rule could impose a significant financial obligation on US-based crypto firms, potentially requiring them to hold substantial reserves to cover possible reimbursements for user losses due to security breaches. The timing of this proposal is crucial as it represents one of the final actions under US President Joe Biden’s administration, with President-elect Donald Trump set to take office on January 20. Notably, Tesla CEO Elon Musk, an adviser to Trump, has previously suggested the elimination of the CFPB.
The rise in crypto-related crimes, including a reported $2 billion stolen through hacks in 2024 alone, underscores the urgency and relevance of the proposed protections. Firms like PeckShield and CertiK have highlighted the increasing threat from phishing schemes, which have become the most costly attack vector in the crypto space.
Public and Industry Response
The CFPB has opened the floor for public comments on the proposed rule until March 31, inviting feedback from consumers, industry stakeholders, and other interested parties. This period of commentary is crucial as it will help shape the final rule that could potentially come into effect during Trump’s presidency.
The introduction of such regulatory measures is seen as a step towards maturing the crypto industry, aligning it more closely with traditional financial systems in terms of consumer protection. This move could also play a pivotal role in shaping the future landscape of crypto regulations and crypto talent acquisition, as firms might need to bolster their compliance and security strategies to meet these new requirements.
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