NAI Comments on CFPB RFI

On July 14, 2023 the NAI sent its comment on the CFPB RFI to the agency. These comments discuss the following key issues raised by the RFI, and make recommendations to the CFPB and other policymakers to enhance consumer privacy and data protection, while also maximizing competition across the digital media industry:

• The NAI and self-regulation helps to prevent consumer harm from data collected and used for tailored advertising.
• Third-party ad-tech companies play an essential role in enhancing competition across the digital media industry.
• Tailored advertising provides substantial economic and social benefits to consumers, publishers and advertisers, particularly small businesses.
• The Fair Credit Reporting Act (FCRA) is a core element of the U.S. sectoral privacy legal framework, but it was narrowly crafted to apply to determinations of eligibility.
• Congress is best positioned to develop enhanced consumer privacy standards, particularly rather than regulatory agencies seeking to apply specific, limited statutory authority more broadly than it was intended.