It’s a win for @Marqeta that @Square launched it’s checking account product at Sutton vs. Square Financial Services (the ILC). Should mean all that new debit card volume runs over the $MQ processing stack.
The Square team is super sharp, so I assume they negotiated for an exclusive ABA routing number for the checking account product. This + a contractual right to move the ABA BIN would allow them to migrate the ABA routing number without having to reissue checks.
And assuming they negotiated to remove the issuer name from the physical card, they can move the debit BIN to their own ILC without having to reissue cards.
Both of those provisions could come into play if they activate the breakup/migration clauses that are typically found in bank sponsorship agreements. Would let the new checking product move to the ILC, once the ILC is ready.

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More from @regulatorynerd

25 Apr
One of my favorite weekly FinTech newsletters made the claim that Stripe invented the PayFac category. The newsletter is a fantastic regular read, but this claim isn't true. Here's some background on the history of PayFac from someone who lived it.

2/ But first, how great is - 12 free cards a month, pay for other bells and whistles, always keep your online shopping safe.

And we're hiring. Stop reading about FinTech history and come create it with me, @bolingj, @CharlieKroll and all the others.
3/ So back to PayFac.

The term actually used to be called Payment Service Provider or "PSP." Here's a screenshot from a 2017 Visa product guide with some references to the old term.
Read 13 tweets
25 Mar
FinCEN's been busy cooking up new policies, rules and initiatives, so wanted to share some things I've found interesting.

Read on for more about what FinCEN is doing with NFTs, the forthcoming Fin Crimes Tech Symposium, and what's up with the new AML law from 2020. 1/
As background for you noobs, FinCEN is the Financial Crimes Enforcement Network. It's my favorite network (sorry CNBC), and technically a division of the U.S. Treasury department. They make and enforce federal AML rules. 2/
With background out of the way, we can focus on important stuff

Like! The safest and easiest way to pay. 12 free cards a month, and pay for other features.

Really like us? We're hiring! Engineers, Designers, and whatever Role Meghan Markle Wants! 3/
Read 25 tweets
30 Dec 20
Ohad asks a good question. I'm on hold with Wells Fargo checking refinancing options. So let's do a quick thread.
2/ First some background. Synchrony Financial, who issues the Venmo credit card, was issued an approval order for a novel credit card product.
3/ (My former colleagues should pay attention, as some frequently mis-use the term "secured credit")

Synchrony wants to offer cards that start as secured credit. Cardholders can then graduate to an unsecured credit card account after 12 months of good payment history/use.
Read 31 tweets
28 Dec 20
This is actually the hardest part for lawyers transitioning from law firm or government life to in-house counsel roles. Those other experiences train you that being “right” is the most important thing. Being in-house counsel, you learn that outcomes are the most important.
This isn’t to say that in-house counsel need to enable law breaking or non-compliance. It’s about navigating the grey.
Law firm and government lawyers tend to be trained and rewarded for strong arming their audience. But if you do that repeatedly as in-house counsel, you lose your credibility and people try to work around you.
Read 8 tweets
24 Dec 20
1/ Gather round all, from near and from far. This is the tale of the SAR on the Car.
2/ Our tale begins with an electronic transaction. For $9,999 marked “for the car, in full satisfaction.”
3/ While this small note may seem fair by itself, it still caught the eye of one Alice P. Welch.
Read 47 tweets
1 Dec 20
1/ Today the U.S. Consumer Financial Protection Bureau (“CFPB”) issued an advisory opinion about earned wage access products. If you’ve wondered what the legal skinny is on Dave, Earnin, Even and all the others -- this thread is for you.…
2/ But first a word about The safest and easiest way to shop online. Holiday deals are here :) So are hackers :(

Keep your bank card safe. Use Privacy cards instead. Free to use, easy to sign up.

And neobank builders will love our APIs and docs.
3/ Back to earned wage access.

Lots of FinTech cos will give you early access to your wages. Some front ACH while the credit clears. Others give you money by the day, up to several times a month.
Read 38 tweets

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