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Financial Services Law Insights and Observations

FTC says communities of color disproportionately affected by fraud

Federal Issues FTC Consumer Finance Consumer Protection Diversity Fraud Enforcement

Federal Issues

On October 15, the FTC released a staff report, Serving Communities of Color, that discusses the Commission’s enforcement and outreach efforts related to the impact of fraud on majority Black and Latino communities. The report details various studies and research. For example, one FTC study examined disparities related to payment methods received from consumers who live in communities of color compared to consumers who live in majority White communities. According to the study, consumers in communities of color more often reported a larger share of losing money when using payment methods that offer few legal protections—e.g. cash, cryptocurrency, money orders, and debit cards. In contrast, consumers living in majority White areas filed the largest share of reports about credit cards, which offer more robust fraud protection. Another study revealed that “different demographic populations reported different types of concerns at different rates,” with consumers living in majority Black communities filing a higher number of reports than consumers living in majority White communities related to credit bureaus, banks and lenders, used auto issues, and debt collection. According to FTC findings, consumers living in majority Latino communities also filed a larger share of reports about credit bureaus, banks and lenders, debt collection, auto issues and business opportunities. The report discusses, among other things, more than 25 enforcement actions where the FTC identified that the unlawful conduct either targeted or disproportionately affected communities of color. Examples include auto buying cases, for-profit colleges, student loan debt relief programs, prepaid card scams, fake Covid-19 products and services, business “opportunities” and pyramid schemes, payday lending, and credit and consumer reporting accuracy. The report also shares information about FTC outreach programs to consumers in these communities.