Payments Pros – The Payments Law Podcast Payments Year in Review 2025: Federal and State Developments – Part 2
Feb 11, 2026
A rundown of how states reacted after the CFPB pulled back on BNPL rules, with New York’s sweeping approach highlighted. A look at diverging state treatment of earned wage access fees and licensing. Coverage of the messy patchwork of convenience fee and surcharge laws and related litigation. Updates on merchant cash advance rules, Colorado's DIDMCA opt-out fight, and adoption gaps for money transmission modernizations.
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Federal Rollback Spurs State BNPL Rules
- The CFPB's rescission of the BNPL rule created a federal rollback that prompted state-level regulation like New York's broad BNPL statute.
- New York's law treats many closed-end purchase credits as credit cards, creating regulatory mismatches under Reg Z.
Divergent State Approaches To EWA
- States have filled the void after the CFPB rescinded EWA guidance by classifying EWA fees as finance charges in some jurisdictions.
- This leads to divergent state regimes: restrictive states like Connecticut and permissive states like Louisiana.
Verify Surcharge Rules And Disclosures
- Check state statutes and card network rules before setting convenience or surcharge policies because state limits vary and may conflict with network caps.
- Implement clear, conspicuous disclosures at point-of-entry and payment pages to comply with many state laws.