Economics-Watching: Money Transmitter Regulation: Key to Payments Modernization

[from the Federal Reserve Bank of Atlanta, by Claire Greene, payments risk expert in the Retail Payments Risk Forum]

In October, I wrote about the potential for standards to make business-to-business payments more efficient. Today, let’s talk about standards again, this time for money transfer businesses and the state regulations covering them.

We all know these businesses: Venmo, Western Union, MoneyGram, PayPal, CashApp. The roster seemingly grows by the day. Many crypto firms also are registered money transfer businesses. Money transfer businesses typically are nationwide and global in scope. Nevertheless, these multi-state and multi-national businesses are regulated under the separate licensing rules of individual states and US territories. Federal laws, including the Bank Secrecy Act and the Electronic Fund Transfer Act, also apply to money transfer businesses.

For new and established money transfer businesses and for state regulators, the hodgepodge of state regulations creates headaches. To do business everywhere in the United States, money transfer businesses must register separately in each state and US territory and meet license requirements that can vary from state to state. They can face multiple state examinations, also with different requirements, simultaneously (and annually). During examinations, regulators review operations, financial condition, management, and compliance with anti-money laundering laws.

Fortunately, many states have acted to address this confusing and inefficient situation by adopting the Model Money Transmission Modernization Act (MTMA) [archived PDF], sample legislation developed by the Conference of State Bank Supervisors to establish nationwide standards and requirements for licensed money transmitters. Fourteen states have adopted some version of the MTMA: Arizona, Arkansas, Georgia, Hawaii, Indiana, Iowa, Minnesota, Nevada, New Hampshire, North Dakota, South Dakota, Tennessee, Texas, and West Virginia. In my home state of Massachusetts, the legislature’s Joint Committee on Financial Services heard testimony on a version of this bill just last month. For traditional money transmitters and new fintech entrants, the MTMA aims to reduce the substantive and technical differences among the various state laws and regulations. This kind of change has the potential to reduce compliance burdens, encourage innovation, and remove barriers to entry for new market participants.

The MTMA is important given the prodigious growth in person-to-person, or P2P, payments via apps. Among all US consumers, half of P2P payments were sent using noncash methods in 2022, up from less than 30 percent in 2020 (see the chart). From Massachusetts alone, money transmitters sent $31 billion in 2022, according to the state’s Division of Banks.

Half of P2P payments were made electronically in 2022.

The MTMA also has the potential to create efficiencies for state supervisors. For example, the Conference of State Bank Supervisors (CSBS) has facilitated a collaborative exam program for nationwide payments and cryptocurrency firms to undergo one exam, each facilitated by one state overseeing a group of examiners sourced from across the country. According to the CSBS, transmitters in more than 40 states that have laws addressing core precepts can benefit from the streamlined exams.

The MTMA is another example showing that standards create efficiencies that are good for businesses, good for regulators and, by extension, good for consumers.

Essay 47: Novels as a Kind of University Demonstrating Storms of Global Finance and Technification

Edith Wharton began writing The Age of Innocence in 1917 as a way of recalling and criticizing the world of her youth, which had not yet experienced the devastation of World War I (1914–18).  Beginning in July 1920, the novel was published in serial form in New York’s monthly Pictorial Review.

The centrality of finance and technical change can be seen. We are reminded of the very first line in The Magnifcent Ambersons of Booth Tarkington, which tells the reader that the basis of the magnificence of the Ambersons was established when they somehow benefited from the 1873 financial crisis which destroyed many others. (Whether the Ambersons were shrewd or lucky or wily is not clarified.)

The Age of Innocence is set in New York in the 1870s and the financial storm and “techno-storm” become vital:

The Panic of 1873:

In The Age of Innocence, the investment bank run by Julius Beaufort collapses, bringing shame upon him and his wife and throwing New York into a tizzy. Beaufort’s business failure is a fictionalized version of the Panic of 1873, industrial capitalism’s first worldwide depression. Then, the United States backed its currency with both silver and gold, but when Germany and several other countries stopped using silver to back their currency, the price of silver fell precipitously, devaluing U.S. currency. The U.S. Treasury made matters worse by releasing large amounts of paper money into the economy. Speculators and bankers now had to immediately pay off their debts with gold.

In 1873, a prominent investment banker by the name of Jay Cooke went bankrupt, the effects rippled throughout the entire U.S. economy, and panic ensued. Trading was suspended for two weeks on the New York Stock Exchange as company after company failed, wages dropped precipitously, and unemployment spiked. The rise of the labor movement can be traced to the widespread unrest and economic instability set off by the panic. Additionally, the panic allowed a few of the wealthiest businessmen—such as Andrew Carnegie, John Rockefeller, and Cyrus McCormick, who retained access to valuable capital—to vastly increase their wealth and snuff out competitors.

Technological Advancements

Characters in The Age of Innocence are aware their world is about to be forever changed by the culture of outsiders, brought to them in part by advancements in technology. Although inventions like the telephone were on the horizon, they seemed improbably fantastic to people living in the early 1870s world of telegrams and horse-drawn carriages. However, in the final chapter, Wharton depicts Newland Archer living in a world that has been significantly altered by these technologies, a mere quarter century later.

In 1876, for example, American inventor Alexander Graham Bell (1847-1922) patented an early telephone and wowed audiences by demonstrating the world’s first telephone call by placing a call from one telegraph station to another five miles away.  The Western Union company refused to buy Bell’s telephone patent, claiming his invention would amount to no more than a novelty. However, the first telephone line was built in 1877-78, and after that, telephone usage skyrocketed.  At the start of the 1880s, there were almost 50,000 telephones in use, a number that swelled to over half a million by the turn of the century.

A similar large-scale change was the invention and development of electricity. Although the first electric light was developed in 1835, it was not until 1879 that American inventor Thomas Edison (1847-1931) developed and patented a light bulb with a life span of 15 hours. Edison’s work also focused on the problems of electrical generation and conductivity.

At the same time that communication was becoming easier and the day was lengthened artificially through electric lighting, the distance between continents was shortened by advances in turbine steam engines

In the 1860s, it took between eight and nine days to cross the Atlantic Ocean; by 1907, the Mauretania (the ship that Dallas and Newland Archer take to Europe in the last chapter) makes the voyage in half that time.  This was a contributing factor to the great influx of European immigrants who arrived in the United States during the late 19th and early 20th centuries.

In Chapter 29, Newland contemplates the “brotherhood of visionaries,” who predict a train tunnel under the Hudson River as well as “ships that would cross the Atlantic in five days … and other Arabian Night marvels.” In 1904, excavation for train tunnels under the Hudson began, directed by Alexander Cassatt, president of the Pennsylvania Railroad. In 1910, New York’s Penn Station opened and began receiving traffic from electric trains that traveled through the tunnels.

Notice that the novel The Magnificent Ambersons is from 1918, Edith Wharton’s Age of Innocence from 1920. In each, the personal storms of private emotion are somewhat carried along and swept up into the storms coming from national and even global finance (1873 caused a tremendous crash in Germany and Austria called the “Grunderkrach” [founder’s crash]) as well as techno-waves that are very baffling to the people of the time.