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2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
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Global | Publication | March 2023
On March 2, 2023, the Consumer Financial Protection Bureau (CFPB) published a new report analyzing the financial profiles of Buy Now, Pay Later (BNPL) borrowers. While the report finds that many BNPL borrowers who the CFPB observed used the product without any noticeable indications of financial stress, BNPL borrowers were, on average, much more likely to be highly indebted, revolve on their credit cards, have delinquencies in traditional credit products and use high-interest financial services such as payday, pawn and overdraft compared to non-BNPL borrowers. In addition, the report finds that BNPL borrowers had higher credit card utilization rates and lower credit scores. The report follows previous CFPB research on the BNPL market.
As the report notes, BNPL began gaining ground in the United States in 2019, but between 2019 and 2021, the number of BNPL products issued to consumers increased by almost tenfold. For the purposes of this report, BNPL refers exclusively to the zero-interest, pay-in-four (or fewer) installment product that facilitates purchases at the point of sale.
The data for the report comes from the 2022 Making Ends Meet survey (the survey look-back period was from February 2021-February 2022), and the CFPB’s Consumer Credit Panel, which contains an anonymized sample of credit bureau records.
Some of the key findings from the report include:
not use BNPL;
The report finds that many of these differences pre-date BNPL use and highlights the need for further research into whether the products have any causal impact on consumer indebtedness.
Notably, this report has several other limitations. First, identification of BNPL use is based solely on consumer self-reporting and reported for only one point in time. Second, because the sample timeframe for the survey encompasses consumers with a credit record, this report necessarily omits information on those consumers without a credit record. Third, the report cannot distinguish whether BNPL usage leads to more delinquencies on other obligations or whether consumers who are already in distress are more likely to use BNPL products to pay off higher-interest debt.
As CFPB Director Rohit Chopra noted in the press release accompanying the report, this analysis shows that BNPL borrowers are more likely to use other credit products, which suggests that BNPL may indeed not lack access to other forms of credit. In addition, Director Chopra noted that because the CFPB considers BNPL to be akin to other forms of consumer credit, the CFPB is “working to ensure that borrowers have similar protections and that companies play by similar rules.” While Director Chopra previously asked CFPB staff to pursue a number of additional steps in relation to BNPL products, in addition to ongoing market monitoring, he has not provided timelines for these next steps. However, this report is a further illustration of the CFPB’s increased oversight and scrutiny of the BNPL sector.
For further information visit CFPB’s previous findings on BNPL market trends.
Publication
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Publication
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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