April 4, 2025

CFPB Retreats on BNPL Regulations: What the Rollback Means for the Future of "Buy Now, Pay Later"

The CFPB has withdrawn its proposed BNPL regulations after a legal challenge, which could impact future consumer protections for "Buy Now, Pay Later" services. This shift raises questions about marketing transparency in the absence of clear rules.

Austin Carroll

CEO & Co-Founder

News

3 minutes

The Consumer Financial Protection Bureau (CFPB) has hit pause on its efforts to regulate Buy Now, Pay Later (BNPL) services—marking a big win for fintechs and a major shift in consumer finance oversight. After legal pressure from the Financial Technology Association (FTA), which argued the agency was overstepping its bounds, the CFPB is now planning to revoke its proposed rule that would’ve brought BNPL services under the same regulatory umbrella as credit cards.


What Was the CFPB Trying to Do?

Originally, the CFPB’s rule aimed to give BNPL users the same protections credit card users enjoy, such as:


  • Dispute rights for unauthorized or faulty charges

  • Refund guarantees for returned products

  • Clear disclosure requirements around fees and repayment terms

The idea was to provide more transparency for consumers as BNPL services like Afterpay, Klarna, and Affirm continue to grow in popularity—especially among Gen Z and Millennial users.


Why Did It All Fall Apart?

The FTA filed a lawsuit challenging the rule, claiming the CFPB lacked authority to impose such sweeping changes without congressional approval. Rather than fight the lawsuit in court, the agency opted to backtrack. Both sides have agreed to pause the case, and the CFPB has announced plans to revoke the rule entirely.

This about-face comes as the agency pulls back on other enforcement actions, too. It has recently dropped lawsuits against several major banks accused of fraud on Zelle’s peer-to-peer payment network. The U.S. Senate also voted to overturn a rule that would’ve extended CFPB oversight to digital wallet providers like Apple and Google.


What It Means for BNPL Providers

Without federal oversight, BNPL companies may breathe a temporary sigh of relief—but they’re far from off the hook.

1. Less Oversight = More Internal Responsibility

BNPL companies now have to manage consumer expectations without a regulatory safety net. Any claims about “easy refunds” or “interest-free” payments need to be 100% accurate to avoid misleading users.

2. Refund & Dispute Policies in the Spotlight

With no mandated protections in place, companies must clearly communicate their policies around returns, chargebacks, and payment errors. Lack of clarity could erode customer trust or even trigger lawsuits.

3. Advocacy Groups May Fill the Void

Consumer protection groups are watching this space closely. As formal regulation weakens, advocacy-driven investigations and media scrutiny may become the new enforcement method.

4. Ripple Effects in Big Tech Payments

The Senate’s vote to block CFPB oversight of digital wallets could also reshape how companies like Apple, Google, and even Elon Musk’s X promote financial services. This opens the door for looser ad disclosures—but also raises the risk of public backlash if consumers feel misled.


The Road Ahead for BNPL

This rollback is a short-term win for the BNPL industry, but it also creates a long-term compliance gray zone. Companies that want to maintain user trust and avoid future legal risks must take a proactive approach to transparency, refund policies, and marketing language.

With the regulators stepping back, the pressure is now on BNPL providers to self-regulate. Those who get it right will lead the market—those who don’t could be the next headline.

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