Wilson Sonsini’s Fintech and Financial Services Group specializes in creatively and collaboratively partnering with entrepreneurs, financial services providers, technology companies, industry groups, and others at the forefront of payments innovation. We help our clients navigate the complexities of the evolving financial services sector, including the full range of related regulatory issues.
We help fintech and financial services companies:
- comply with applicable laws and stay attuned to the changing regulatory landscape;
- design innovative products that support regulatory compliance and advance strategic business goals;
- craft tailored legal frameworks that incorporate industry best practices and mitigate emerging risks;
- keep abreast of key legislative and regulatory developments;
- facilitate stakeholder feedback to financial authorities; and
- provide insights on industry trends.
Our team has expertise advising innovative companies on all aspects of payments law and regulatory matters critical to designing and bringing new payment solutions to market, as well as strategically mitigating risks around the corner. We have deep knowledge of the regulatory and operational aspects of a broad range of payment services and technologies, spanning traditional systems and cutting-edge payments products. Our transatlantic footprint enables us to offer efficient, integrated counsel on the range of legal and regulatory issues associated with expanding the geographic reach of various payment offerings.
Select Areas of Expertise
- State money transmitter licensing laws and crypto-asset laws (including with respect to digital currencies used in virtual worlds and gaming platforms)
- Consumer protection laws such as the Electronic Fund Transfer Act (EFTA) and Regulation E (including the Prepaid Accounts Rule and the Remittance Transfer Rule), Truth in Lending Act (TILA) and Regulation Z (including with respect to Buy Now, Pay Later (BNPL) products), and the Consumer Financial Protection Act
- Anti-money laundering laws such as the Bank Secrecy Act (BSA) and regulations issued by the Financial Crimes Enforcement Network (FinCEN)
- Laws governing strategic bank-fintech partnerships such as false advertising laws, pass-through deposit insurance regulations, the Bank Service Company Act (BSCA), and supervisory guidance on third-party risk management
- Interchange laws such as the Durbin Amendment and Regulation II and state surcharge rules
- Unfair, deceptive, or abusive acts or practices (UDAAP) compliance
- Card network rules and NACHA rules
- Laws governing instant payments and wire transfers such as Uniform Commercial Code (UCC) Article 4A and Regulation J
- Product development, specialized commercial arrangements, and risk management across a diverse spectrum of payments products and services
- Innovative payment solutions that leverage bank partnerships, card networks, ACH, funds transfers, and instant payment systems
- Digital wallets and peer-to-peer payment solutions
- Emerging payment products and services, such as stablecoins, tokenized deposits, and blockchain-based payment systems
- Technology-driven ancillary services, such as token vaults, AI-based fraud detection, and programmable money