Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

FTC Will Rely on Existing Laws to Regulate Corporate Use of Big Data

Author: Scarinci Hollenbeck, LLC

Date: January 19, 2016

Key Contacts

Back

FTC to Rely on Existing Laws to Police Corporate Use of Big Data

Existing Laws

The Federal Trade Commission (FTC) recently issued a report outlining a number of legal concerns for businesses to consider regarding their use of big data analytics – namely, the process of collecting, organizing, and analyzing large sets of data through the application of sophisticated computer algorithms to discover useful information. The report makes it clear that the FTC intends to rely on its existing enforcement authority to pursue exclusionary or discriminatory practices by companies using big data unlawfully.

“Big data’s role is growing in nearly every area of business, affecting millions of consumers in concrete ways,” said FTC Chairwoman Edith Ramirez. “The potential benefits to consumers are significant, but businesses must ensure that their big data use does not lead to harmful exclusion or discrimination.”

The report

The FTC report, Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, is the product of the FTC’s 2014 workshop on how the use of big data analytics impacts consumers, particularly with regard to how businesses put the information to use once it is collected. As the report highlights, the FTC recognizes that the staggering amount of data that businesses can now collect regarding consumers can be used to provide benefits to underserved populations, including increased educational attainment, access to credit through non-traditional methods, specialized health care for underserved communities, and better access to employment. However, the FTC also warns that big data is prone to abuse. In support, it cites businesses that use big data to offer misleading offers or scams to the most vulnerable prospects or target ads, particularly for financial products, to low-income consumers who may otherwise be eligible for better offers but may never receive them because of the misuse of such data.

The FTC report highlights several existing laws that may apply to big data practices, suggesting that the agency believes that it already has the tools it needs to combat such discriminatory or exclusionary practices. The FTC Big Data Report specifically cites compliance concerns regarding the Fair Credit Reporting Act (FCRA), Federal Trade Commission Act (FTC Act), and the Equal Credit Opportunity Act (ECOA).

What does the report mean?

For businesses that compile big data that will be used for eligibility decisions (such as credit, employment, insurance, housing, government benefits, and the like), the FTC highlights the FCRA’s accuracy and privacy provisions. For creditors using big data analytics in a credit transaction, the report underscores the need to comply with the requirement to provide statements of specific reasons for adverse action.

For companies that use or otherwise rely on big data analytics in a way that might adversely affect people in their ability to obtain credit, housing, or employment, the FTC suggests the following considerations:

  1. Are you treating people differently based on a prohibited basis, such as race or national origin?
  2. Do your policies, practices, or decisions have an adverse effect or impact on a member of a protected class, and if they do, are they justified by a legitimate business need that cannot reasonably be achieved by means that are less disparate in their impact?

In summary, the FTC report makes clear that it will continue to monitor areas where big data practices could violate existing laws, including the FTC Act, the FCRA, and ECOA.

Accordingly, businesses should expect the agency to increase its enforcement actions in these areas.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!