The loophole seems to be having an app pinned to the screen (I’ve never done this, but it presumably keeps the phone from locking) while requiring you to have an unlocked phone to use NFC payments. This doesn’t seem to be a common scenario (I can imagine doing this in some sort of kiosk mode, or giving the phone to a kid and locking the app so he can’t wander around).
The loophole seems to be having an app pinned to the screen (I’ve never done this, but it presumably keeps the phone from locking) while requiring you to have an unlocked phone to use NFC payments. This doesn’t seem to be a common scenario (I can imagine doing this in some sort of kiosk mode, or giving the phone to a kid and locking the app so he can’t wander around).