consumer privacy

PRIMER: A financial fraud crackdown won’t protect consumers from scams

WASHINGTON, D.C. – Today, the global consumer advocacy group Consumer Choice Center launched a policy primer to evaluate legislative solutions for combatting and alleviating the harm caused by payment scams and frauds.

This primer analyzes the Protecting Consumers From Payment Scams Act, and whether the liability remedies proposed would help combat consumer fraud and scams or would ultimately create unintended consequences for consumers that do not punish wrongdoers.

The primer includes key policy suggestions for legislators to help consumers avoid frauds and scams while demonstrating the errors that would come with expanded institutional liability:

  • Shifting liability to financial institutions will ultimately backfire on consumers, leading to more expansive financial surveillance, higher costs due to more compliance and reimbursements, and a generally degraded consumer experience that eradicates the advantage of popular financial tech and banks.
  • Consumer financial education is the most effective way to prevent scams.
  • A national privacy law fostering innovation while protecting consumers
  • Stiffer penalties for individuals committing frauds and scams

Yaël Ossowski, deputy director of the Consumer Choice Center, explains:

“Though scams and fraud are a persistent issue in the American economy, we should guard against the imposition of yet more costly and intrusive rules that will degrade the consumer experience and likely create more amenable conditions for bad actors to steal.

“Rather than creating a new liability between financial institutions that would have unintended consequences for consumers of all income levels, our existing laws should concentrate on finding and punishing fraudsters and scammers we can already catch,” said Ossowski.

“While we should commend legislators for attempting a solution to frauds and scams, we cannot accept the false promise that more scrutiny on those who follow and abide by the law will deter those who have so far evaded responsibility or punishment, concluded Ossowski.


The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva, Lima, Brasilia, and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

Where is the FTC’s privacy report?

Data privacy is a fundamental liberal democratic principle for citizens + consumers.

In December 2020, the Federal Trade Commission ordered security and privacy data from Big Tech firms to inform potential future rules that would impact all consumers.

It’s nearly November 2022 but we still have NO report. Why?

We know that our interactions with companies and government involve privacy trade-offs that we must weigh individually. That’s what informed consumer choice is all about, and why we fight for smart data and privacy rules

Enough with data leaks/hacks!

We need smart data and privacy rules that can:
💡Champion Innovation
🛡Defend Portability
📲Allow Interoperability
👨‍💻Embrace Technological Neutrality
👩‍⚖️Avoid patchwork legislation
🔒Promote strong encryption

Learn more! 👇

Originally tweeted by Consumer Choice Center (@ConsumerChoiceC) on April 21, 2021.

The FTC began its 2020 investigation into data practices from major tech companies to try to understand their algorithms, data collection, and monetization. Tech firms provided this within 45 days.

But still no FTC report.

In August 2022, FTC called for public comments on commercial data practices and surveillance by tech firms, presumably informed by the data they collected and analyzed in their report.

But still no FTC report.

Maybe that’s why the deadline was pushed from October 20 to November 21, the week of Thanksgiving…

By then, will American consumers and citizens have access to the FCC report?

The FTC is asking for citizen comments on the data practices of tech firms, we deserve to know what’s in the report they’ve been cooking up for nearly 2 years.

As Joel Thayer writes, it’s an absolute failure that a major agency has fallen behind on this task, especially considering their ream of lawsuits and actions against these same tech companies.

If the FTC wants to empower consumers and provide a framework that we can debate, it needs to prove it. While data and consumer privacy are vital for consumers and innovators, we know this FTC chair has an agenda that will have sweeping ramifications.

FTC Chair Lina Khan has aimed to stop mergers and acquisitions and issued record fines on tech companies against the advice of her own staff. If FTC wants to invoke consumer privacy as another regulatory hammer, consumers deserve a say.

In our view, consumer and data privacy rules must provide balance and protection:

  • Champion Innovation
  • Defend Portability
  • Allow Interoperability
  • Embrace Technological Neutrality
  • Avoid patchwork legislation
  • Promote and allow strong encryption

Anyone who wants to submit a comment to the FTC on their “Trade Regulation Rule on Commercial Surveillance and Data Security” — even without the report — should submit one here.

INTERVIEW: Jennifer Huddleston on the Way Forward on Consumer Privacy

INTERVIEW: Jennifer Huddleston (@jrhuddles) on Consumer Choice Radio

-Do we need a federal privacy law?

-There are innovative practices used by private companies. We should celebrate them.

-Why GDPR is so problematic

-The “Techlash” and the bad policy ideas from both left and right

-Data silos and how to maintain consumer privacy and innovation

-Errors of state-level privacy laws

Jennifer Huddleston is the Director of Technology and Innovation Policy at the American Action Forum

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