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
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities post image

Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]

Author: Dan Brecher

Link to post with title - "Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities"

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!