On January 10, 2025, the Consumer Financial Protection Bureau
(CFPB or Bureau) issued a proposed interpretive rule that would
expand the Bureau's consumer protection authority under the
Electronic Fund Transfer Act (EFTA) and its implementing
regulation, Regulation E, to stablecoins, crypto, virtual
currencies and other innovative forms of electronic payment, as
described below.
While the Trump Administration is unlikely to finalize the
proposed interpretive rule, especially given the
administration's support for the development of crypto and
other digital assets, the proposed rule's expansive
interpretation of EFTA and Regulation E could still find purchase
with civil litigants and state regulators.