'Authorised push payment’ bank fraud: what does an effective regulatory response look like?

Braithwaite, Jo ORCID: 0000-0002-6343-1989 (2024) 'Authorised push payment’ bank fraud: what does an effective regulatory response look like? Journal of Financial Regulation. ISSN 2053-4833 (In Press)

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Abstract

Authorised Push Payment (APP) fraud occurs where bank customers are tricked into transferring money from their account. As this article shows, this type of fraud is a growing threat, catalysed by the rise of remote banking. However, long-standing legal and regulatory rules leave most victims without a route to redress, as recently confirmed by the UK Supreme Court’s 2023 decision in Philipp v Barclays. Through this lens, the article examines a new and ‘world first’ UK regulatory response, which includes a mandatory reimbursement scheme for APP fraud victims in certain circumstances. The article finds that the UK’s new loss allocation scheme is valuable, but also that its specific coverage is problematic given the broad nature of this threat. Overall, the article argues that the priority for UK regulators should be to develop a more ‘joined-up’ response to APP fraud, and it offers generally applicable insights into effective regulatory responses to this evolving threat.

Item Type:	Article
Additional Information:	© 2024 The Author
Divisions:	Law
Subjects:	K Law H Social Sciences > HG Finance
JEL classification:	K - Law and Economics > K2 - Regulation and Business Law > K22 - Corporation and Securities Law G - Financial Economics > G2 - Financial Institutions and Services > G28 - Government Policy and Regulation G - Financial Economics > G2 - Financial Institutions and Services > G21 - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
Date Deposited:	06 Jun 2024 08:33
Last Modified:	01 Jul 2024 09:12
URI:	http://eprints.lse.ac.uk/id/eprint/123798

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