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Effective Date: CFPB Circular 2024-02 Deceptive marketing practices about the speed or cost of sending a remittance transfer

Question presented

When do remittance transfer providers violate the prohibition on deceptive acts or practices in the Consumer Financial Protection Act (CFPA) in their marketing about the speed and cost of sending a remittance transfer?

Response

Remittance transfer providers may be liable under the CFPA for deceptive marketing about the speed or cost of sending a remittance transfer. Providers may be liable under the CFPA for deceptive marketing practices regardless of whether the provider is in compliance with the disclosure requirements of the Remittance Rule. For example, among other things, it may be deceptive to: ā€¢ Market remittance transfers as being delivered within a certain time frame, when transfers actually take longer to be made available to recipients; ā€¢ Market remittance transfers as ā€œno feeā€ when in fact the provider charges fees; ā€¢ Market promotional fees or promotional exchange rates for remittance transfers without sufficiently clarifying when an offer is temporary or limited; ā€¢ Market remittance transfers as ā€œfreeā€ if they are not in fact free.

Background

Remittance Transfer Speed and Costs

https://files.consumerfinance.gov/f/documents/cfpb_circular_2024-02.pdf

  • March 28, 2024
  • Time: All Day