There is now speculation that Facebook’s new trustworthiness ratings will legally make it a credit rating agency.
I’d sooner get rated by the Chinese Social Credit System:
Facebook, it seems, has developed a system of rating users trustworthiness. It’s not clear if this is just a system for internal use or if users’ trustworthiness scores are for sale to third parties, but if the latter, then would sure seem that Facebook is a Consumer Reporting Agency and subject to CRA provisions of the Fair Credit Reporting Act (FCRA).
FCRA defines a CRA as
any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
A consumer report is, in turn, defined as:
any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for [credit, insurance, employment or government license].
Thus, if Facebook is selling information about a consumer’s general reputation—trustworthiness—to third parties that might reasonably be expected to use it for credit, insurance, or employment, it’s a CRA, and that means it’s subject to a host of regulatory requirements as well as civil liability, including statutory damages for willful noncompliance.
The author, Adam Levitin, clearly believes that this might subject Facebook to additional regulatory oversight as a CRA.
This ignores the fact that courts have ignored the text of the law to in order not apply this to similar entities.
Facebook sees a buck here, and the courts will not subject them to CRA regulation or potential liability, because in the USA, rich people do not have to follow the law.