Opposing
Capital One FFW Watch Raised
Case of Customer Info to Meta
Fed Thumbs Nose
by
Matthew R. Lee
SOUTH
BRONX, Oct
18 – Capital One has applied
to buy Discover, in an
anticompetitive deal that
should be rejected by
regulators if they mean what
they have been saying.
On September 4,
Fair Finance Watch and Inner
City Press submitted
supplemental opposition to the
regulators, including about a
newly filed class action that
"demonstrates Capital One's
outrageous, illegal, and
widespread practice of
disclosing—without consent—the
Nonpublic Personal
Information1 and Personally
Identifiable Financial
Information2 (together,
“Personal and Financial
Information”) of Plaintiffs
and the proposed Class Members
to third parties, including
Meta, Google, Microsoft,
DoubleClick, NewRelic, Adobe,
Everest, Skai/Kenshoo,
Snowplow, BioCatch, Tealium,
and possibly others."
Does the Fed
care? On October 18, they
wrote to FFW: "For this
proposal, the initial public
comment period was extended
until July 24, 2024. Because
your letter was received after
the end of the public comment
period, it will not be made a
part of the record of this
case unless the Board in its
sole discretion determines to
consider your late comments."
Unreal.
After they
applied late March 20,
Inner City Press submitted a
second Freedom of Information
Act request to the Office of
the Comptroller of the
Currency (and to the Federal
Reserve).
On July 26, after
a FOIA appeal - and after
closing the public comment
period - the OCC belatedly
gave Inner City Press
documents showing Capital One
briefed the OCC on a "big"
deal in November 2023; it was
code named "Project Sirius."
Then overly
chummy texts from Andy
Navarrete, who testified at
the public meeting, and Pient
Tran to the OCC's Marci
Heppner and others.
For example, Andy
to Marci, sorry for the late
ping, if Richard wanted to
call, could you do a 1:1 Zoom
at 7:30 [pm]. But of course.
That and more now on Inner
City Press' DocumentCloud here
Inner City
Press continues to dig through
the records - and to prepare
another FOIA appeal.
Back on June 25
the OCC belatedly responded to
Inner City Press' FOIA request
- by withholding in full 185
pages. OCC FOIA production on
DocumentCloud here.
Inner City Press appealed.
On July
24, the very day on which the
OCC and Fed said they were
closing the written comment
period, the OCC upheld in full
its FOIA denials,
determination letter on Inner
City Press' Document Cloud here.
When did the Fed start secret
talks with Capital One?
***
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