As anti-money-laundering challenges escalate and new liability shifts loom on the horizon for 2024, fintechs must be prepared. Proactive measures are crucial for establishing a firm foothold in the fintech landscape. Reactive approaches will only leave businesses vulnerable to attacks and financial losses.

In a recent PaymentsJournal podcast, Matt Herren, Director of Product Management at CSI, and Jennifer Pitt, Senior Analyst of Fraud and Cybersecurity at Javelin Strategy & Research, delved into how the regulatory landscape has evolved, the importance of security for growth, and the proactive vs. reactive approach to risk mitigation.

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The Evolution of Regulation

From the start, fintechs functioned within a less stringent regulatory environment. However, even then, they were obligated to adhere to anti-money-laundering (AML) and know-your-customer (KYC) regulations. As fintechs expand in scale and impact, new regulatory frameworks have emerged to address issues such as data privacy and security.

“The regulatory landscape for fintechs is in an emerging evolutionary state right now,” Herren said. “It might be less stringent than banks, but as they grow—and their services become more complex—it’s an inevitability to be subjected to additional levels of scrutiny.”  

FinCEN publications, issued by the Financial Crimes Enforcement Network, regularly communicate new or revised regulations for financial institutions to remain in compliance with AML and Combating the Financing of Terrorism (CFT) rules. Some regulations, including the Customer Due Diligence (CCD) rule, have included FIs and non-banks. This requires FIs and fintechs to authenticate the identities of their customers to stop money laundering and terrorist financing.

“We’re also going to see a shift toward the FRAML (fraud and anti-money-laundering) framework,” Pitt said. “The convergence of fraud and money laundering are often intertwined with money mules or predicate crimes. Regulatory aspects of fintechs are going to have to incorporate a FRAML framework—not only with the actual fintech products but also investigations on both fintech providers and financial providers.”

Shifting Fraud Liability

Faster payments have brought about heightened concern regarding fraud risks, allowing malicious actors to exploit vulnerabilities. Although new fintechs seek rapid customer expansion,