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JPMorgan Chase Mulls Litigation Against CFPB Over Zelle Probe

By Wesley Grant
August 5, 2024
in Compliance and Regulation, News, P2P
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Cropped image of business people discussing financial report at meeting

The Consumer Financial Protection Bureau may take action against JPMorgan Chase over fraud concerns related to peer-to-peer payment platform Zelle—prompting the bank to consider litigation against the CFPB.

Zelle, operated by Early Warning, is a joint venture by the major banks, including Bank of America, Wells Fargo, and Capital One. The platform has rapidly become the most popular P2P platform in the U.S., with over 2.9 billion transactions last year.

Unfortunately, this popularity has attracted criminals who have devised various methods to scam Zelle users, including phishing and impostor scams. The prevalence of fraud on the platform, coupled with concerns about victim reimbursement, led the CFPB to initiate a probe of JPMorgan Chase.

However, JPMorgan said in a statement that the CFPB is aware the bank goes “above and beyond” to refund customers for unauthorized transactions, including scams. The bank also stated that the bureau is overreaching, and is prepared to challenge the CFPB if necessary, including through litigation.

Consumer Education

Despite JPMorgan Chase’s assertions, Reuters reported that only 38% of JPMorgan Chase, Bank of America, and Wells Fargo customers were reimbursed for disputed fraud transactions in 2023, down from 62% in 2019.

“There is no question that consumers need protection—both from the outside world and themselves,” said Brian Riley, Director of Credit and Co-Head of Payments at Javelin Strategy & Research. “The solution might be better education, so consumers know that payments are irrevocable, or it might be to slow the process down, so there’s an option to cancel transactions when necessary.”

Relative Safety

Federal law requires banks to reimburse customers for unauthorized payments, but some banks have been hesitant to refund fraud victims. They worry that issuing refunds might encourage more criminal activity, potentially costing financial institutions billions.

However, as fraud escalates, it could drive some customers away from newer platforms and back to the relative safety of conventional payment systems.

“Fast payment options that allow consumers to move money quickly are something people want, but at the end of the day, if consumers do not understand the risks, or their banks are unwilling to have protections in place, the process will not fill the needs of everyday users,” Riley said. 

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