EFF: “The Consumer Finance Protection Bureau has proposed a new “Personal Financial Data Rights” rule that will force your bank to make it easy for you to extract your financial data so that you can use it to comparison shop for a better offer, and switch to another bank with just a few clicks. This is a very good idea, provided it’s done right. Done wrong, it could be a nightmare. Below, we explain what the Bureau should do to avoid the nightmare and realize the dream. We’ve all heard that “if you’re not paying for the product, you’re the product.” But time and again, companies have proven that they’re not shy about treating you like the product, no matter how much you pay them. What makes a company treat you like a customer, and not the product? Fear. Companies treat their customers with dignity when they fear losing their business, or when they fear getting punished by regulators. Decades of lax antitrust and consumer protection enforcement have ensured that in most industries, companies don’t need to fear either. Companies without real competitors have it easy: if you need their services, they can siphon off value from you and give it to themselves, without worrying about you leaving. As the old Lily Tomlin gag goes, “We Don’t Care. We Don’t Have To. We’re the Phone Company.” But even when companies do have competition they can rig the game so that it’s hard for you to break up with them and fall into a rival’s arms. Companies create high switching costs that lock you into their business. Remember when cellphone companies forced you to throw away your phone and your phone number when you changed carriers? ..”
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