Recent developments about the New York State Department of Financial Services
(Not affiliated with NYDFS; just a blog.)
Does the Supreme Court’s decision in SEC v. Jarkesy entitle a licensed NYDFS entity to a jury trial in an enforcement action? Maybe. If interested see my latest blog post for the NYU Program on Corporate Compliance and Enforcement.
Some takeaways: • On the BitLicense generally: o Harris: New York has an outsized role to play; the BitLicense framework remains a model for the U.S. and the world o Coghill: DFS has been very careful to uphold standard, that is very why most entities do not make it through the application process • On the Application Process: o Harris: Team of 60 … Read more
“Buy Now Pay Later” (BNPL) loans will now be subject to licensing and supervision by the New York State Department of Financial Services under legislation enacted by the legislature and governor. ICYMI, this step follows the CFPB’s statement just three days ago that it is de-prioritizing enforcement around BNPL finance.
According to Compliance Week: • “The New York Department of Financial Services (NYDFS), led by Superintendent Adrienne Harris, doesn’t intend to let up on cryptocurrency enforcement, even in the face of pullback from the federal government.” • “Speaking during a fireside chat at Compliance Week’s 20th National Conference in Washington, D.C., Harris described how her office intends to remain … Read more
In a pair of recent announcements, NYDFS: Announced the appointment of Gabriel O’Malley as the permanent Executive Deputy Superintendent for the Consumer Protection and Financial Enforcement Division. He joins after serving for many years in enforcement at the CFPB. Announced the launch of its regulatory management platform “DFS Connect.” According to the agency’s announcement, … Read more
NYDFS Superintendent Adrienne A. Harris participated in a fireside chat with the Institute of International Bankers and gave the following updates (summarized): • Impact of Change in Federal Administration: Superintendent Harris said that the change in administration at the CFPB and elsewhere would not alter DFS’ course; that there were gaps in consumer protection even before the … Read more
Superintendent Harris testified before NYS legislature and DFS issued its Regulatory Agenda. Per testimony: Looking Back: • “Since August 2021, DFS has adopted or amended 54 regulations, issued 98 pieces of regulatory guidance, and closed 117 enforcement actions resulting in more than $418 million in penalties.” •“We have addressed more than 157,000 consumer complaints and returned $$645 million to New York State consumers and health care providers, including over … Read more
• NYDFS issued an Industry Letter and consumer bulletin that warns licensees and consumers to exercise caution regarding meme coins. According to the Industry Letter: • “The New York State Department of Financial Services (“Department”) is closely monitoring the rapid proliferation of sentiment-based virtual currencies. The platforms that enable the creation of these coins are not licensed … Read more
Two new cybersecurity enforcement actions from NYDFS, against GEICO and Travelers Indemnity Co. Enforcement takeaways are (according to DFS allegations): • GEICO experienced three cybersecurity events in a short period of time primarily involving customer interfaces for obtaining quotes and submitting claims and the web portal for GEICO agents, allowing threat actors to obtain driver license … Read more
• According to NYDFS, this is the second annual report, reviewing lending activity based on the New York Home Mortgage Disclosure Act (“HMDA”) data from 2023. • As in last year’s report, NYDFS analyzed mortgage lending in 23 different geographies, including New York State as a whole, all metropolitan statistical areas (“MSAs”) within the state, and a … Read more