Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 8, 2016
The Firm
201-896-4100 info@sh-law.com
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.
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.
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:
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 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.

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

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

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

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
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!