Margin test

Last month, the Network Advertising Initiative (NAI)—a coalition of more than 80 leading online marketing companies—released its 2011 annual report reviewing efforts in online advertising self-regulation. In the annual report, which is required by the NAI’s self-regulatory Code of Conduct for Online Behavioral Advertising (OBA), the NAI reviewed the practices of member companies with regards to the collection, use and disclosure of data for OBA purposes. The report identified a high level of compliance among member companies and concluded that industry self-regulatory guidelines have increased transparency and consumer understanding of OBA.  Visits to the NAI website increased by 200%, with nearly 8.5 million unique visits.  Of those visitors, approximately 840,000 used the NAI’s opt-out tool and nearly 2.5 million visitors went to the educational portion of the site. Photo: Shutterstock

The Death Master File (DMF) is a database operated by the Social Security Administration (SSA) that contains over 87 million records with information on persons who had Social Security numbers and whose deaths were reported to the SSA from 1962 to the present. The DMF is considered a public document under the Freedom of Information Act, and monthly and weekly updates of the file are made available through the Department of Commerce. Congress is considering legislation that would limit access to the DMF to only qualified entities.   For example, government agencies, credit reporting agencies, financial institutions and medical organizations use the DMF to verify death and prevent identity fraud. At a hearing before the House Social Security Subcommittee in early February, members of the panel heard from a variety of witnesses who said that more needs to be done to secure DMF records from misuse while also recognizing the importance of ensuring access for legitimate uses. Photo: Shutterstock

The Consumer Financial Protection Bureau (CFPB) has been busy hiring staff and building a regulatory agency from the ground up since July 21, 2011, when it assumed full rulemaking, enforcement and supervisory authority over 18 of the nation’s consumer protection laws that guide financial products and services, including the Fair Credit Reporting Act, the Equal Credit Opportunity Act, The Truth in Lending Act and the Fair Debt Collection Practices Act. In January, President Obama name Richard Cordray as the first director of the CFPB, which expanded the bureau’s authority to supervise nonbank lenders. Although the CFPB has a number of issues that it will focus on, there are several early steps that the Dodd-Frank Act requires the CFPB to take that will impact the information services industry in the near-term: Shorten and simplify consumer disclosure forms The CFPB has made it clear that one of its first actions will be to make the terms and conditions of financial products and services easier for consumers to understand and compare to other offers. The agency has developed model mortgage disclosure forms for consumers as part of its Know Before You Owe program, which aims to make financial disclosure forms shorter and simpler. In addition, the CFPB partnered with the Department of Education to develop a financial aid shopping sheet to assist students and their families. The bureau also released model credit card agreements that are shorter and easier for consumers to understand. The CFPB currently is reviewing comments on the proposed model forms and is likely to issue a final draft later this year. Define other “large market participants” In addition to specified nonbank lenders, the CFPB must define other “large market participants” involved in consumer financial markets. In February, the bureau issued a proposed rule that defined third-party debt collectors with more than $10 million in annual receipts and consumer reporting agencies with more than $7 million in annual receipts as larger market participants, making them susceptible to the bureau’s nonbank supervision program. Clarify how credit scores affect lender decisions Lenders are currently required to disclose the credit score that they used in all risk-based pricing notices and adverse action notices. The CFPB is expected to draft its own compliance rules, but in the meantime the FTC and Federal Reserve have jointly issued a rule that identifies the specific information that must be disclosed and provides model forms of notice. Review debt collection practices The CFPB now has the authority to enforce the Fair Debt Collection Practices Act and review current debt collector practices to determine whether their methods are abusive or unfair. Financial literacy Increasing consumer financial literacy will also be a chief priority for the Bureau. The Office of Consumer Education and Engagement was established to organize programs that help consumers understand the costs, risks and benefits of financial products. The office will be working with the private sector, nonprofit organizations and other government agencies to develop a variety of tools and approaches to address financial literacy. Specific groups of consumers also have been identified for additional resources. The office has developed programs focusing on older Americans, students and service members. Report on Credit Scores As required by the Dodd-Frank Act, the bureau has stated that it will review current practices relating to disclosures of consumer credit scores. Last summer, the CFPB released a preliminary report on differences between credit scores that consumer reporting agencies provide to consumers and those that are provided to lenders. The report provides background on the issue, including how scores are obtained and used. Since the first report, the bureau has conducted further research and analysis on the issue and is expected to issue a final report soon that will quantify the differences among scores and how the variations may impact consumers. Photo: Shutterstock

A recent Experian Automotive credit trends study revealed that vehicle history can have a major impact on loan performance. The study found that more than 2 percent of the late-model used vehicles (model year 2005 and newer) had a negative vehicle history event (frame damage, salvage, odometer rollback, etc.), which can significantly impact the vehicle's value. The study also showed that while these instances occur across all credit segments, more than 3 percent of financing outside of prime had negative vehicle history. Vehicles with a negative history event also referred to as "brand", also have a higher percentage of charge-offs for lending institutions. By leveraging information within vehicle history reports, lenders can identify branded vehicles when the loan is made and mitigate losses from charge-offs and from loss of value when sending repossessed vehicles to auction. Photo: Shutterstock

Consumer information is at the center of our economy. It connects us to the right products and services, helps companies innovate and expand, and allows consumers to make smarter choices throughout their lives.  While the use of consumer information is becoming more important to businesses and consumers, there is a growing concern among policy makers that the laws governing consumer privacy are not keeping up. Over the last year, the FTC and the Department Commerce have been studying these issues and each released preliminary reports looking at the changing privacy landscape.  Although much of the discussion has focused on online data, the reports take a broader look at the privacy practices of organizations both online and offline, offering a number of recommendations that challenge policy makers and companies to better protect consumer information. As regulatory agencies and Congress continue to examine business practices around consumer privacy, I thought it might be helpful to take a look at recent comments Experian filed with the FTC and highlight a few areas that will be important for policy makers to consider going forward. A flexible and adaptive regulatory system is essential to an innovative economy. Consumer privacy expectations are continuing to evolve and, as a result, standards must not be rigid.  Along with existing regulations, new challenges should be dealt with robust and evolving self-regulation – not new laws – to ensure consumers are protected now and in the future. Consumer privacy should be viewed from multiple perspectives. The recent debate around commercial information sharing has centered on consumer privacy; however there are other viewpoints that should be considered. For example, how are businesses using information in a responsible manner to innovate and increase productivity or how does the overall economy benefit from consumer information that makes us more competitive in a global marketplace. Incorporating consumer privacy into all aspects of a business is a powerful consumer benefit. The FTC report recommends a “privacy by design” framework – meaning that companies incorporate privacy into every aspect of their business operations.  This framework could potentially evolve into a useful tool for companies to evaluate their privacy and data security policies. Photo: Shutterstock