Blog Posts By:

Ed Mierzwinski,
Senior Director, Federal Consumer Program

Next year, a highly-anticipated privacy and data rights battle will occur in Congress. Powerful special interests from Google to Facebook are responding to the new European General Data Privacy Regulation (GDPR) by seeking to quash any similar effort to protect U.S. consumers while simultaneously seeking to preempt a new California privacy law before it takes effect in 2020. Will we continue as data collector products, not their customers, or will we gain control over our own financial DNA? The state PIRGs are in this one; guess which side we're on. Today we joined 34 leading groups in issuing shared Privacy Principles.

This guest post from Nathan Acks of the State PIRG Internet Security team offers background on the latest Facebook breach and what you can do.

Ten years ago this weekend the collapse of investment bank Lehman Brothers marked the massive financial collapse of 2008. Millions of Americans lost homes, jobs and trillions of dollars in retirement savings. Today, the financial collapse hasn't been forgotten, it's being ignored by Congress and Wall Street.

On Thursday, 13 September, the House Financial Services Committee is to consider the latest in a long series of data security and data breach bills that Congress takes up at the request of the banks. These Trojan Horse bills come riding in with few, if any, protections riding in the saddle, but massive elimination of stronger state laws hidden in the belly of the beasts. The proposal, HR6743, the Consumer Information Notification Requirement Act (Luetkemeyer (MO)), might also be called the “Equifax Protection Act.”

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).

This month, Scott Tucker, a payday lender who used his proceeds to fund a LeMans racing team, was sentenced to 16 years in jail on federal racketeering and other charges.   Last fall, his former business partner Charles Hallinan, known as the Philadelphia Main Line "godfather" of payday lending, was also convicted of federal racketeering charges. Tucker and Hallinan's main business model? Their claim that their payday loan enterprises were for the benefit of Native American tribal partners and therefore subject to tribal immunity. The authoritative public interest law firm Public Justice speculates: "Tribal Immunity" may no longer be a Get-Out-of-Jail Free Card for payday lenders." It's about time.

With the departure yesterday of director Richard Cordray from the Consumer Financial Protection Bureau, we don't doubt that the President has the authority to nominate a new director of the Bureau. But the President's assertion later that day that he can and would appoint his own temporary or acting director -- at odds with the plain language of two laws --  places the bureau's leadership in crisis.

Like clockwork, after any big data breach is disclosed, powerful special interests seek to turn the problem into a bigger problem for consumers by  using it as an opportunity to enact some narrow federal legislation that broadly eliminates state data breach notice, state data security and other privacy protections.  I testified yesterday in the House warning of their Trojan Horse efforts, which not only take away existing laws, but deny any new laws, even on new problems identified. 

What would you do if you knew that the Big 3 credit bureaus were in the Top 5 of complaint leaders to the Consumer Financial Protection Bureau and that their mistake-ridden reports caused consumers to either be denied jobs or pay more for or be denied credit due to those mistakes? Well, if you were the leadership of the House Financial Services Committee, you'd consider not one, but two bills to make this worse by eliminating strong consumer protections and eliminating some and limiting other damages payable to consumers when credit bureaus wreck their lives. You'd hide a massive weakening of consumer protections inside a Trojan Horse bill that claims to be about letting the credit bureaus help people.

Recently released minutes of the July meeting of the Federal Open Market Committee, comprised of Fed governors and regional Fed Bank presidents, show its concern that Wall Street reform rollbacks proposed by Congress, Treasury Department and the White House could allow "a reemergence of the types of risky practices that contributed to the crisis." Meanwhile, Fed vice-chair Stanley Fisher repeated his warnings that risks from the proposed rollbacks were "mind-boggling."