The Outlier Lab

US Regulatory Overview

Hub map of US regulators, rules and network/industry rulebooks that shape transaction fraud programs, organized by money path and entity type, with 2024-2026 changes to watch.

Core components

Who's who

BodyTypeFraud-relevant remit
FinCEN (Treasury)Federal regulatorBSA/AML rules: SARs, CIP, CDD, 314(a)/(b), advisories and alerts with SAR key terms
CFPBFederal regulatorEFTA/Reg E (unauthorized transfers, error resolution), Reg Z, Reg P (GLBA privacy), UDAAP; supervision of larger nonbanks
Federal Reserve, OCC, FDIC, NCUAPrudential regulatorsBank supervision: BSA exams, model risk (SR 26-2), third-party risk, authentication guidance, SAR rules for banks, elder exploitation statements
SECFederal securities regulatorReg S-P (privacy, safeguards, incident response), Reg S-ID (identity theft red flags), broker-dealer books and records, market manipulation
FINRASRO for broker-dealersRules 2165, 4512, 11870, 3310 (AML); regulatory notices; annual oversight reports
FTCFederal consumer protectionSafeguards Rule for non-bank FIs, impersonation and scam enforcement, Consumer Sentinel data
State regulators and AGsStateMoney transmitter licensing, state privacy laws, elder abuse reporting, consumer protection suits (e.g., NY AG v. Early Warning Services, 2025)
NachaRule-making associationACH Operating Rules: returns, return rates, WEB debit validation, 2026 fraud monitoring
Visa, Mastercard (and others)Card networksDispute rules, compelling evidence, monitoring programs (VAMP; Mastercard ECP/EFM)
FBI / IC3, Secret Service, DOJLaw enforcementComplaint intake, investigations, prosecutions, asset recovery

Rules by money path

Money pathPrimary rulesNote
Onboarding / identityCIP (31 CFR 1020.220, 1023.220), CDD/beneficial ownership, Reg S-ID (SEC registrants), FTC/agency Red Flags rules for othersKYC and Customer Identification Program (CIP)
Card funding / purchasesVisa/Mastercard rules; Reg Z (credit) or Reg E (debit, consumer) for issuersCard Network Dispute Rules
ACH funding / payoutsNacha Operating Rules; Reg E for consumer accounts; UCC 4A for some credit transfersNacha Rules and ACH Risk
P2P / instant paymentsReg E (consumer accounts); network/operator rules (RTP, FedNow, P2P networks); state actions on scamsRegulation E and Unauthorized Transfers, Real-Time Payment Rail Fraud
Checks / RDCUCC Articles 3/4, Reg CC (funds availability and holds)Check and Mobile Deposit Fraud, Funds Availability Holds
Securities / ACATS / tradingFINRA 11870, 2165, 4512; SEC Reg S-P and S-ID; securities fraud and manipulation lawsBroker-Dealer Obligations (FINRA and SEC)
Rewards / promotionsUDAAP/UDAP (clear terms, no deceptive revocation), state sweepstakes and gift card laws, CFPB credit card rewards circularPromotion Design Guardrails, Reward Vesting and Clawback
Reporting and sharingBSA SARs, 314(a)/(b), Senior Safe Act, GLBA exceptionsBSA-AML and SAR Filing, Privacy and Data Use in Fraud Prevention
Models and vendorsSR 26-2 model risk guidance (banks), interagency third-party risk guidanceModel Risk Management, Vendor Selection and Evaluation

Rules by entity type (simplified)

EntityUsually directly subject toOften inherits via contract
Bank / credit unionBSA/AML, Reg E, Reg CC, GLBA, prudential guidance, network and Nacha rules as participantn/a
Fintech on a sponsor bankState money transmission (if licensed), FTC Safeguards, state privacy, UDAP; CFPB (larger participants)Bank's BSA/AML, Reg E error resolution, Nacha and network obligations via program agreements
Broker-dealerBSA/AML (CIP, SAR), SEC Reg S-P/S-ID, FINRA rulesClearing firm requirements; bank partner obligations for cash features
Money services businessBSA/AML for MSBs, state licensingNetwork/processor rules
Marketplace / retailer / rewards appFTC Act, state UDAP and privacy laws, INFORM Consumers Act (marketplaces), card network merchant rulesAcquirer/processor terms, retailer/affiliate contracts

2023–2026 changes fraud teams should know

DateChangeDetail
Apr 15, 2023Visa Compelling Evidence 3.0Prior-history evidence for 10.4 disputes → Card Network Dispute Rules
Oct 1, 2024Nacha risk management packageR17 for false pretenses, expanded R06, funds availability exception, WSUD timing → Nacha Rules and ACH Risk
Oct 2024Mastercard First-Party Trust (US)Covers 4837 disputes
Dec 2024Interagency elder exploitation statementHolds, trusted contacts, SAR and reporting practices
Dec 2024 → Mar 2025CFPB v. Early Warning Services and banks (Zelle)Filed Dec 2024; voluntarily dismissed Mar 2025 → Case Study - Zelle Scam Liability Disputes (2024-2025)
Apr 1, 2025Visa VAMP launchesConsolidated acquirer monitoring; enforcement from Oct 2025; merchant threshold tightened Apr 2026
May 2025CFPB withdraws 67 guidance documentsCheck whether guidance you rely on is still in effect
Jun 2025Fed/FDIC/OCC Request for Information on payments fraudPrompted FinCEN's 2026 314(b) clarification
Aug 2025NY AG sues Early Warning ServicesState-level P2P scam action
Oct 9, 2025FinCEN/agency SAR FAQsContinuing activity, no-SAR documentation, structuring
Dec 3, 2025 / Jun 3, 2026Reg S-P amendments compliance (larger/smaller)Incident response, 30-day notice → Broker-Dealer Obligations (FINRA and SEC)
Jan 8, 2026FINRA Reg Notice 26-02 (proposal)Longer 2165 holds; proposed Rule 2166 fraud speed bump for all adults
Mar 20, 2026Nacha fraud monitoring Phase 1; PAYROLL/PURCHASE descriptionsAll ODFIs; large originators/third parties (≥6M); large RDFIs (≥10M)
Apr 17, 2026SR 26-2 revised model risk guidanceSupersedes SR 11-7 and SR 21-8 → Model Risk Management
Jun 12, 2026FinCEN 314(b) fact sheetFraud explicitly shareable; suspicion of fraud sufficient; indicators needn't relate to a specific customer at the receiver; real-time sharing; SARs stay confidential. Registration (BSA-covered FIs and their associations only) renews annually
Jun 22, 2026Nacha fraud monitoring Phase 2All remaining non-consumer originators, TPSPs, TPSs and RDFIs
Jul 9, 2026Fed SR 26-3Circulates 314(b) fraud guidance to supervised institutions
Aug 13, 2026FINRA files SR-FINRA-2026-018 with the SECProposed Rule 2166 fraud delay of up to 10 business days; 145-business-day 2165 maximum; awaiting SEC action as of October 2026 → Broker-Dealer Obligations (FINRA and SEC)
Sep 18, 2026Nacha funds availability for non-same-day creditsAvailable by 9:00 a.m. RDFI local time on settlement date
Sep 17, 2027 (upcoming)Same Day ACH limit to $10MLarger same-day exposure
Mar 17, 2028 (upcoming)Nacha R90 sanctions return coden/a

Scam liability, still unresolved

US law draws a sharp line between unauthorized transfers (Reg E protection) and authorized transfers induced by deception (generally not covered). Reported scam losses keep climbing: the FTC's 2024 data showed $12.5 billion reported lost (investment scams $5.7 billion), and FBI IC3's 2025 report showed about $20.9 billion in complaint losses. So pressure is coming from state AGs, litigation, network operator rules, voluntary reimbursement programs and interagency fact-finding (the June 2025 RFI) rather than a single federal rule. Contrast the UK's mandatory reimbursement regime (Case Study - UK APP Scam Reimbursement Rules (2024)). Practically, label scam vs unauthorized separately, and invest in in-flow scam intervention (Playbook - Scam Intervention Members, Payee Confirmation and Payment Friction).

Diagram: Entity type and charter, Which rulebooks apply, Products and rails, Obligations: report, investigate, reimburse, monitor, protect data, Permissions: hold, share, delay, close, Controls and SOPs

How to build it

  1. Regulatory inventory per product and money path, built with compliance: which rules, which clocks, which reports, which permissions. Put it in the New Product and Promo Launch Review checklist.
  2. Obligation-to-control mapping: each obligation names the control, the owner, the evidence and the monitoring (see Three Lines of Defense).
  3. Clock management in case tooling: Reg E, SAR, 2165 holds, network dispute windows.
  4. Horizon scanning: subscribe to FinCEN, CFPB, FINRA, SEC, Nacha and network updates. Log changes and assess impact quarterly (see Threat Intelligence and Horizon Scanning, Regulatory and Government Sources).
  5. Partner alignment: for fintechs, map which obligations the sponsor bank, processor or clearing firm owns, which you own, and how evidence flows.

Artifacts and templates

Regulatory inventory row (template)

FieldExample
Product / money pathInstant ACH-funded buying power
Railach
RulesNacha (returns, 2026 monitoring), Reg E at partner bank (customer's bank account), CIP
ObligationsMonitor for unauthorized/false-pretenses entries; manage return rates; WEB debit account validation
ClocksExtended return window for unauthorized consumer debits
PermissionsFunds availability limits per agreement
OwnerFunding strategy lead; compliance partner
EvidenceMonitoring procedure; return-rate dashboard; annual review

Metrics

  • Coverage: products with a complete regulatory inventory
  • Clock compliance across regimes (Reg E, SAR, holds, disputes)
  • Regulatory change backlog: changes assessed vs open
  • Exam/audit findings related to fraud controls, and time to remediate

Pitfalls

  • Assuming you're not regulated because you're not a bank. Obligations flow through partner contracts and state laws.
  • Treating network and Nacha rules as optional. They're contractual and enforced with fines and offboarding.
  • Copying another company's posture. Charter and product differences change which rules apply.
  • Not tracking guidance withdrawals. 2025 saw significant CFPB guidance rollbacks. Re-check what you cite.
  • Leaving scam policy to support. Reimbursement decisions need a documented, consistent policy.

Sources and further reading