Digital Data and Consumer Protection: Ensuring a Fair and Equitable Financial Marketplace

Webcast from release event for Frank Pasquale's book, "Black Box Society," Monday 11 May 2015, 9AM-12 PM Noon — Please scroll forward: The footage begins at 33 min. 38 seconds.

A Project of US PIRG Education Fund with the Center for Digital Democracy

Latest Event: FinTech and Consumers

Watch for updates and links to materials discussed at the 8 May FinTech and Consumers event. Here is a link to the updated (May 7) background paper: FinTech and Consumers.

 

Past Event: FinTech and Big Data: 6 December 2016

On 6 December 2016 we convened 45 consumer, civil rights, small business and other leaders to discuss recent Fintech developments, including the implications of a proposal by the U.S. Office of the Comptroller of the Currency to allow fintech firms to organize under a special charter under the National Bank Act that would provide them with many of the powers of national banks to evade state law consumer protections even though they aren't banks and aren't subject to the same responsibilities of banks. Here is the event home page with more information.

Click here to learn more about the project's Monday, 1 May 2015 event with author and professor Frank Pasquale discussed his  book "The Black Box Society," on the growing use of secret algorithms to categorize consumers.

About this project: American consumers face new challenges and opportunities to their financial security as our economy is transformed by the convergence of digital media with “Big Data” technologies. Our use of mobile phones, social media, “apps,” and other online tools have created new ways for us to spend, save and borrow money. Powerful forces are at work, however, that can undermine a consumer’s ability to make the best choices and may place those already financially at risk even more vulnerable. The digital data-driven economy continually gathers vast amounts of information on individuals, online and offline, which is used to create a “profile” about our spending habits, behavior and our geo-location. These profiles can be “scored”—an invisible measure known only to the marketer and data brokers—that can determine whether we are offered high interest credit cards, payday and for-profit college loans and even what we may pay at retail and grocery stores.  The uses of the information can be positive or, absent any regulation or meaningful protections, lead to discrimination, price manipulation or denied opportunity.

Our collected personal information is merged into an ever-expanding database of information that enables firms we may know about and many others we don’t know to engage in personalized high-tech marketing and advertising practices designed to get us—and our families—to continually spend more money. In today’s online world, a consumer can be targeted for offers nearly 24/7, whether we use a mobile phone, computer, or while watching TV.

American consumers do not have meaningful safeguards for these data analytics and digital marketing practices, including both protecting their privacy and preventing misuse of their information to deny economic opportunity. USPIRG Education Fund and Center for Digital Democracy (CDD) are working together to ensure that consumers are treated fairly by this new digital “wild west” financial marketplace.

Case Studies and Reports:

Law Review Articles:

Selling Consumers Not Lists: The New World of Digital Decision-Making and the Role of the Fair Credit Reporting Act, Suffolk University Law Review, (December 2013)

Available Video and Webinar Presentations:

Video archive of the “Data, Lending, and Civil Rights” conference at Georgetown University, 8 April 2015, (agenda and information) sponsored by Americans for Financial Reform, The Leadership Conference Education Fund and the Center on Privacy and Technology at Georgetown Law. (Ed Mierzwinski’s panel begins at approximately 2h45m and Ed’s main remarks at approximately 3h2m30sec.)

USPIRG Education Fund and Center for Digital Democracy acknowledge the support of the Ford Foundation, the Annie E. Casey Foundation, the Rose Foundation for Communities and the Environment and the Digital Trust Foundation for support of our research and education work on data and financial opportunity. We thank them for their support but acknowledge that the work, events, reports and investigations are those of the authors and organizations alone, and do not necessarily reflect the opinions of the Foundations.

Licensing: All materials developed under this project are subject to a Creative Commons Attribution 4.0 International license, which allows you to reuse the materials with attribution subject (in part) to the following terms.

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

NOTE: The project may not hold the rights to all images (which we may have purchased for limited uses) or report designs (which may be held by the designers.

For this project's content, this licensing notice supercedes any alternate copyright or older Creative Commons notices that may appear elsewhere on these websites.

Issue updates

Report | U.S. PIRG Education Fund | Financial Reform

Medical Debt Malpractice

Millions of Americans are contacted by debt collectors every year over debt related to medical expenses. "Medical Debt Malpractice" is the latest (9th) in our series based on analysis of complaints in the Consumer Financial Protection Bureau's public complaint database. The report demonstrates that the CFPB is a critical agency protecting consumers against unfair financial practices and needs to be defended against special interest attacks.

> Keep Reading
Blog Post | Consumer Protection, Financial Reform

OUR TAKE ON THE LATEST ATTACK ON THE CONSUMER FINANCIAL PROTECTION BUREAU | Michael Landis

Though the Consumer Financial Protection Bureau finds itself under constant attack. The most recent is from the U.S. Court of Appeals for the D.C. Circuit. U.S. PIRG Education Fund—along with nine other consumer and civil rights organizations—filed an amicus brief in support of the CFPB’s request for a rehearing before the entire D.C. Circuit. The Department of Justice also filed a brief in support of the CFPB’s request. It is important that the October ruling is corrected so that the CFPB remains a strong and independent agency that looks out for consumers.

> Keep Reading
Report | U.S. PIRG Education Fund and Frontier Group | Financial Reform

Big Banks, Big Overdraft Fees

Overdraft fees are a major source of consumer pain, since they are borne disproportionately by Americans with few financial resources. Through the first three quarters of 2016, 626 large banks reported collecting $8.4 billion in revenue from overdraft and NSF fees, an increase of 3.6 percent over the same period in 2015. American consumers should look to the Consumer Financial Protection Bureau (CFPB), which has already enforced overdraft regulations and returned millions of dollars to consumers, to take new action to prevent unfair overdraft fees.

> Keep Reading
News Release | U.S. PIRG | Financial Reform

Overdrafts continue to hit students hard on campus

Today, the Consumer Financial Protection Bureau (CFPB) released a report shining a spotlight on contracts between banks and colleges to promote debit cards on campus.  Students continue to get hit hard with overdraft fees attached to their campus bank accounts. According to the report, nearly one in ten consumers in the population with student accounts incurred 10 or more  overdrafts per year, paying, on average, $196 in overdraft fees alone. Below is a detailed analysis by US. PIRG's Chris Lindstrom, who championed the protections that the CFPB is reporting on. This report is one more example of why we need a strong CFPB. 

> Keep Reading
News Release | U.S. PIRG | Financial Reform

Consumers Should Demand Security Freezes After Massive Yahoo Breach

In the wake of the recently-announced Yahoo data breach -- apparently the largest security breach ever, exposing the personal information of 500 million consumers -- PIRG offers consumer tips, demands that Yahoo provide free security freezes to affected consumers who could be at risk of "phishing" schemes to commit fraud on existing accounts or open new fraudulent accounts.  We also ask: Why did it take Yahoo two years to notify the public?

> Keep Reading

Pages

Media Hit | Financial Reform

JPMorgan Chase is sued in 2008 Bear Stearns mortgage case

> Keep Reading
News Release | U.S. PIRG | Financial Reform

U.S. PIRG Applauds CFPB Proposal To Regulate Biggest Credit Bureaus

“Last summer over 10,000 PIRG members submitted comments to the Consumer Financial Protection Bureau (CFPB) urging strict regulation of credit bureaus and credit scoring firms. We applaud the CFPB for its proposal today to subject the nation’s largest credit bureaus and credit scoring firms to full scrutiny as “larger participants” (CFPB pdf) in the financial marketplace."

> Keep Reading
News Release | U.S. PIRG Education Fund | Financial Reform

Robo-Signing Settlement With Big Banks Is Important Step

Today's settlement by the U.S. and 49 state attorneys general with the 5 biggest mortgage servicers - the big banks Citibank, Bank of America, Wells Fargo and JP Morgan Chase, along with Ally Financial - is an important and enforceable first step toward holding the big banks accountable for not only wrecking the economy but using a variety of unfair foreclosure practices to ruin the lives of millions of Americans and, in many cases, taking their homes illegally.

> Keep Reading
News Release | U.S. PIRG Education Fund | Financial Reform

U.S. PIRG Applauds President For “Bold and Important” Recess Appointment of Richard Cordray To Head New Consumer Financial Protection Bureau

President Obama is taking a bold and important step to protect consumers from financial tricks and traps by announcing a recess appointment of his well-qualified nominee, Richard Cordray, to head the new Consumer Financial Protection Bureau.

> Keep Reading
News Release | U.S. PIRG Education Fund | Financial Reform

New Report Highlights Reasons for New Consumer Protections

The report outlines predatory financial practices that hurt consumers and led to the collapse the economy, costing us eight million jobs, millions of foreclosed homes and trillions of dollars in lost home and retirement values.

> Keep Reading

Pages

News Release | U.S. PIRG Education Fund

Consumer complaints about peer-to-peer (P2P) payment apps such as PayPal, Venmo and Square have surged during the pandemic year. In April, there were 970 digital wallet complaints — almost double the previous monthly high from July 2020. PIRG Education Fund analyzed this growing problem for a new analysis of the Consumer Financial Protection Bureau’s (CFPB’s) Consumer Complaint Database.

Report | U.S. PIRG Education Fund

New report documents consumer complaints to the CFPB about digital wallets and peer-to-peer (P2P) apps.

News Release | U.S.PIRG

We've joined the National Consumer Law Center in a news release describing a letter from 21 consumer and faith groups urging her to revoke permission to the credit reporting industry to violate consumer protections. 

News Release | U.S. PIRG Education Fund

Our response to Equifax paying a $650 million penalty for exposing the social security numbers of 148 million Americans to identity theft.

Report | U.S. PIRG Education Fund

With the CFPB under new management less interested in consumer protection and law enforcement, our new report highlights steps states, counties and cities are taking to protect consumers better. Coincidentally, the report was completed on the same day that the U.S. Senate confirmed Kathy Kraninger to a 5-year term as CFPB director. She replaces her mentor, the OMB director Mick Mulvaney, who has been serving as acting CFPB director for just over a year.

View AllRSS Feed

Support us

Your tax-deductible donation supports U.S. PIRG Education Fund’s work to educate consumers on the issues that matter, and the powerful interests that are blocking progress.

Learn More

You can also support U.S. PIRG Education Fund’s work through bequests, contributions from life insurance or retirement plans, securities contributions and vehicle donations. 




U.S. PIRG Education Fund is part of The Public Interest Network, which operates and supports organizations committed to a shared vision of a better world and a strategic approach to social change.