Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

CFPB Makes Example of Dwolla Inc. in Monmouth County

Author: Scarinci Hollenbeck, LLC

Date: April 8, 2016

Key Contacts

Back

CFPB Makes Example of Dwolla Inc. in Monmouth County

CFPB Makes Example of Dwolla Inc. in Monmouth County

Monmouth County businesses have another “cybercop” to worry about. The Consumer Financial Protection Bureau (CFPB) recently pursued its first cybersecurity enforcement action, alleging that Dwolla, Inc., an online payment platform, misled consumers about its data security practices.

The CFPB’s Allegations

Dwolla operates an online payment system with more than 650,000 users and conducts transactions of more than $5 million per day. For each account, Dwolla collects personal information including the consumer’s name, address, date of birth, telephone number, Social Security number, bank account and routing numbers, a password, and a unique 4-digit PIN.

According to the CFPB, Dwolla failed to employ reasonable and appropriate measures to protect data obtained from consumers from unauthorized access, although it represented to consumers that its data-security practices “surpass” or “exceed” industry standards. Most notably, the company allegedly failed to encrypt sensitive consumer information stored on its servers and released applications without conducting sufficient security testing. Although Dwolla maintained that its transactions, servers, and data centers were compliant with the Payment Card Industry (PCI) Security Standard, the CFPB alleged that Dwolla’s data security practices in fact, fell far short.

In pursuing the enforcement action, the CFPB relied on its authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act, which empowers the agency to take action against institutions engaged in unfair, deceptive or abusive acts or practices, or that otherwise violate federal consumer financial laws. The agency based the action on the company’s misrepresentations to consumers rather than any deficiency in its cybersecurity practices.

The Consent Order

To resolve the enforcement action, Dwolla agreed to pay a penalty of $100,000 and entered into a five-year consent agreement. The consent order requires Dwolla to adopt and implement reasonable and appropriate data-security measures to protect consumers’ personal information on its computer networks and applications. More specifically, the company must:

  • Establish, implement, and maintain a written, comprehensive data-security plan that is reasonably designed to protect the confidentiality, integrity, and availability of sensitive consumer information;
  • Designate a qualified person to coordinate and be accountable for the data-security program;
  • Conduct data-security risk assessments twice annually of each area of relevant operation to identify internal and external risks to the security, confidentiality, and integrity of the network, systems, or apps, and to consumers’ sensitive consumer information stored by Respondent, and to assess the sufficiency of any safeguards in place to control these risks;
  • Conduct regular, mandatory employee training on a) the Company’s data-security policies and procedures; b) the safe handling of consumers’ sensitive personal information; and c) secure software design, development and testing.
  • Develop, implement, and update, as required, security patches to fix any security vulnerabilities identified in any web or mobile application;
  • Develop, implement and maintain an appropriate method of customer identity authentication at the registration phase and before effecting a funds transfer;
  • Obtain an annual data-security audit from an independent, qualified third-party, which must be submitted to the CFPB.

Pursuant to the consent order, Dwolla’s Board of Directors is tasked with ensuring compliance going forward. The agreement specifically states that the “Board will have the ultimate responsibility for proper and sound management of Respondent and for ensuring that it complies with Federal consumer financial law and this Consent Order.”

The Message for Monmouth County Businesses

The CFPB will be policing businesses under its purview to make sure they have “reasonable” cybersecurity policies and procedures in place. As highlighted in the consent order, the CFPB believes that businesses should be conducting bi-annual risk assessments, regularly reviewing customer-facing privacy policies to ensure they match current practices, and involving the highest levels of management, including the board of directors, in all cybersecurity-related decisions.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!