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

Blog Post | Financial Reform

We Join FTC Event on Big Data E-Scores | Ed Mierzwinski

Companies on the Internet are tracking you with vastly powerful Big Data algorithms to determine what to sell you and for how much and what financial opportunities to offer you. Today at 10am, I join an FTC workshop on Alternative Scoring Products to debate the transparency and fairness of the system with privacy and technology experts from industry, academia and the public interest. You can attend or watch online.

> Keep Reading
Blog Post | Financial Reform

Target says "Oops, 70-110 million consumers hacked." | Ed Mierzwinski

Target is now saying that "a range of 70 million to 110 million people," not the original 40 million customers, had their credit or debit card numbers hacked in December. Even worse, Target is admitting that the database stolen included email addresses and phone numbers, which leaves consumers vulnerable to phishing attacks that could lead to identity theft, as if fraud on existing accounts wasn't enough. Here are some tips.

> Keep Reading
Blog Post | Financial Reform

CFPB Gets Results for Consumers In December | Ed Mierzwinski

It's been a good month for consumers and a bad month for corporate crime, as the CFPB continued to hold financial firms accountable for unfair marketplace practices. Let's hope that in the New Year, banks and other financial companies get the message that cheating their customers is a bad business model.

> Keep Reading
Media Hit | Financial Reform

Target Says 40 million credit, debt cards may have been compromised...

Hackers gained access to as many as 40 million credit and debit cards used by customers of Target during the height of the holiday shopping season, the company reported Thursday, in one of the biggest data breaches in history. [ALSO SEE LINK AT END OF CLIP TO U.S. PIRG NEWS RELEASE WITH CONSUMER TIPS.]

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

Groups Offer Consumer Tips After Target Data Breach

We joined other leading groups to issue consumer tips after the big retailer Target had 40 million credit and debit card numbers stolen. Our main message: Don't panic. Don't pay for over-priced credit monitoring. Do check your checking and credit card accounts regularly and get your free credit reports provided by law.

> Keep Reading

Pages

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.

Blog Post

We've joined leading consumer, civil rights, labor and older American organizations in a comment letter urging the Securities and Exchange Commission (SEC) to strengthen its proposed "Regulation Best Interest" intended to ensure that all broker-dealers and other individuals and firms offering investment advice act do so in a fiduciary capacity, or in the best interest of their investor-clients. (Right now, it doesn't).

Blog Post

We joined leading consumer organizations to criticize the national bank regulator OCC's new proposal to charter non-bank fintech companies. We called it both illegal and a gateway for online predatory lenders to enter states where high-cost payday lending is banned. Leading state bank regulatory officials also opposed the OCC move, which is also one of the recommendations in a controversial Treasury Department report released the same day.

Report | U.S. PIRG Education Fund

Report: Our latest report based on the CFPB's public Consumer Complaint database reviews the most-complained about debt collectors. Funny, a new CFPB complaint "snapshot" does not. The report comes as the CFPB's acting director threatens to make the database non-public. If the CFPB both shuts down the public database and continues to issue industry-friendly reports that don’t give out any real information, the public and marketplace harm is even greater.

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