Aug. 29: CFPB Recent Updates

Published 

Promoting competition in payments

Director Chopra reacts to Apple’s recent announcement about planned changes to “tap-to-pay” functionality on its iOS devices.

As consumers increasingly move and store their money using mobile device apps, we have seen a rise in Big Tech conglomerates extending their reach into banking and payments. There has been a recent market development that might affect the availability of payment apps for Americans who use Apple iOS devices.

Last September, the CFPB published a report analyzing the growing “tap-to-pay” market, where consumers tap a device enabled with near field communication technology (NFC) to make a payment at the point of sale. We found that the makers of the two dominant mobile operating systems, Apple and Google, impose regulations governing how financial companies and app developers offer secure payments using “tap-to-pay” functionality. The CFPB’s analysis showed that Apple’s regulations in the U.S. were very restrictive, blocking access to “tap-to-pay” functionality for popular payment apps, other than its own proprietary app, Apple Pay. This policy inhibits new innovations and consumer choice.

In March, the Department of Justice sued  Apple. Part of the lawsuit focused on the restrictive regulations on “tap-to-pay”. The CFPB has also heard from regulators and central banks from around the world that are concerned about Apple’s regulations.

Earlier this month, Apple announced  that it would be amending its regulations so developers can build apps to facilitate payments outside of Apple Pay and Apple Wallet, including “tap-to-pay” transactions. Developers will need to pay fees to Apple and agree to other conditions. The announcement did not detail those fees or conditions. Read more


Published 

CFPB Report Finds Large Retail Chains Charging Cash-back Fees to Customers Using Debit and Prepaid Cards

The Consumer Financial Protection Bureau (CFPB) published a new report finding Americans are paying tens of millions of dollars in fees to access their own money when getting “cash back” at large retail stores when making a purchase with a debit or prepaid card. These cash-back fees are occurring against the backdrop of bank mergers, branch closures, and prevalence of out-of-network ATM fees that have reduced the supply of free cash access points for consumers.

Getting cash back at a store is a common way for people to get cash. While making a purchase at a retailer that offers the service, people can get access to their money by requesting cash back at the register. Retailers typically have pre-set withdrawal amounts, including maximum withdrawal limits. Consumers benefit from having the cash, and merchants benefit by having a way to attract consumers and reduce their cash-handling costs.

While this was often a convenient offering, getting cash at a store is sometimes the only option for people. Many retailers are filling a void in providing access to cash, as some communities lack access to a local bank. While some retailers have typically offered cash back for free, the CFPB’s recent market scan suggests that this is changing, particular at dollar store chains.

The CFPB sampled eight large retail companies (Dollar General, Dollar Tree/Family Dollar, Kroger, Albertsons, Walgreens, CVS, Walmart and Target) and assessed their practices for charging cash-back fees.

The report’s findings include:

  • Cash-back fees cost consumers millions of dollars. The CFPB found that three companies in the sample charge cash-back fees and estimates that they collect over $90 million in fees annually. The CFPB also estimates that the marginal cost to merchants for processing each transaction may be a few pennies, compared to the much higher fees these retailers charge consumers.
  • Cash-back fees are levied on low withdrawal amounts. Many merchants pre-determine the withdrawal amount options in a single transaction, commonly between $5 and $50. Levying a fee on small transactions may constitute a hefty percentage of the withdrawal amount, and it may also induce repeat withdrawals, with consumers incurring a new fee each time.
  • Three major retail chains in the sample charged cash-back fees. Dollar General, Dollar Tree/Family Dollar, and Kroger charge fees for this service while the other companies did not. At Dollar General and Dollar Tree/Family Dollar, cash-back fees for small withdrawal amounts are the highest in the sample ($1 fee or more for cash-back amounts under $50). Kroger, the country’s largest grocery chain, recently announced new charges at their Harris Teeter stores (75 cents for $100 cash back or less), and charges 50 cents for up to $100 cash back at their other brand stores such as Ralph’s, Fred Meyer, and others.
  • Consumers with lower incomes or fewer banking choices encounter cash-back fees disproportionately. Dollar stores are frequently located in small rural towns, communities of color, and low-income communities. These areas are also more likely to have fewer bank branch locations and more residents reliant on cash for daily transactions than others.

Read today’s report.