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CFPB Takes Step Into Cybersecurity Regulation

BY C. Ryan Barber
April 01, 2016

The Consumer Financial Protection Bureau (CFPB) has fired a shot across the bow of the burgeoning online-payment industry, taking an enforcement action this week that marked the agency's first foray into regulating cybersecurity.

Dwolla Inc., a Des Moines-based digital payment startup, agreed to pay a $100,000 penalty and improve its data security practices as part of a consent order that the bureau issued last month. Without alleging that the company was breached, the bureau accused Dwolla of overstating the measures it took to protect consumers' personal information between December 2010 and 2014.

The consent order, which requires the company to fix its security practices and conduct biannual risk assessments, represented the five-year-old agency's first step into territory traditionally policed by the Federal Trade Commission (FTC). In August, a federal court affirmed the FTC's authority to regulate cybersecurity in FTC v. Wyndham Worldwide, — F.3d —, No. 14-3514 (3d Cir. 2015).

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