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Abstract: 

In this article the author provides an overview of the potential avenues the CFPB might have to regulate cryptocurrency products. He begins with the rise of cryptocurrency products and services, and the CFPB’s prior public statements of its concerns about them. He then turns to CFPB’s potential avenues for jurisdiction over crypto products and services under the Dodd-Frank Act, and under enumerated consumer laws. He closes with a discussion of the CFPB’s rulemaking, and its supervisory and examination authority that could be used to regulate the market for digital asset products.

Keywords: Executive Order on Ensuring Responsible Development of Digital Assets (“Digital Assets EO”); Broader Adoption of Crypto-Related Products and Services; Dodd-Frank Act; Electronic Fund Transfer Act and Regulation E; CFPB Rulemaking Authority

Affiliations:  1: Akerman LLP.