On March 15, the CFPB issued a Ask for for Information (RFI) about data broker organization practices to advise planned rulemaking below the FCRA and deliver the CFPB with perception into the total scope of the info broker sector. In specific, CFPB is seeking data about (i) new small business models that sell client information and (ii) shopper hurt and current market abuses.
The RFI applies to first-celebration data brokers that interact straight with buyers as well as 3rd-party knowledge brokers with no immediate partnership with customers. This contains corporations that put together employment qualifications screening reviews and credit history reviews. The CFPB’s current market-degree inquiries involve what sorts of knowledge is gathered, the sources of the info, procedures of knowledge selection, regardless of whether people today can stay clear of acquiring their information gathered, and what controls are in position to safeguard peoples’ details and safeguard their privateness. The unique inquiries are connected to buyer experience, together with data brokering harms and added benefits, details accuracy and privateness, and correcting inaccurate data.
In accordance to the CFPB, authorities organizations, know-how and privacy authorities, economical institutions, consumer advocates, and many others have determined various consumer harms and abuses relevant to the procedure of data brokers, like important privacy and security risks, the facilitation of harassment and fraud, the deficiency of purchaser knowledge and consent, and the distribute of inaccurate information and facts.
Feedback on the RFI are due by June 13.
Placing It Into Practice: This most recent inquiry must occur as no surprise specified the CFPB’s focus on customer reporting firms that obtain and offer accessibility to consumer knowledge (see our previous website post pertaining to this focus here). The CFPB has earlier highlighted challenges that people have reported about the 3 nationwide reporting businesses not adequately responding to customer problems about faults. The CFPB also issued an advisory impression in November 2021 affirming that all shopper reporting corporations, like tenant and employment screening businesses, have an obligation to use acceptable methods to assure maximum achievable accuracy.
This RFI arrives as the CFPB also issued its January 2023 sector checking orders to facts aggregators, which relates to the Part 1033 rulemaking requiring shopper monetary providers companies to give customers obtain to sure monetary data. Companies that collect and share shopper data should really follow developments associated to the CFPB’s Section 1033 rulemaking and this most the latest RFI.
Copyright © 2023, Sheppard Mullin Richter & Hampton LLP.National Legislation Review, Volume XIII, Selection 83