Credit scoring systems in the United States have garnered considerable criticism from various media outlets, consumer law organizations, [1] government officials, [2] debtors unions, [3] and academics. Racial bias, [4] discrimination against prospective employees, [5] discrimination against medical and student debt holders, [6] poor risk predictability, manipulation of credit scoring algorithms, [7] inaccurate reports, [8] and overall immorality are some of the concerns raised regarding the system. Danielle Citron and Frank Pasquale list three major flaws in the current credit-scoring system: [9]
The scoring system has also been critiqued as a form of classification to shape an individual's life-chances—a form of economic inequality. [10] Since the 1980s, neoliberal economic policy has created an inverse correlation between the expansion of credit and a decline in social welfare—deregulation incentivizes financing for the consumption of goods and services that the welfare state would alternatively provide. [11] Credit scoring systems are seen as scheme to classify individuals creditworthiness necessitated by the loss of these collective social services. [10] [12] The credit scoring system in the United States has been compared to, and was the inspiration for, the Social Credit System in China. [13] [14]
The use of credit information in connection with applying for various types of insurance or in landlord background checks (for rental applications) has drawn similar amounts of scrutiny and criticism, because obtaining and maintaining employment, housing, transport, and insurance are among the basic functions of meaningful participation in modern society. [15]
Credit scores are widely used as the basis for decisions to allow or deny individuals the opportunity to do things such as taking out loans, buy houses and cars, and open credit cards and other kinds of accounts. [16] This has been criticized as a practice having discriminatory effects. [17] Credit companies purport to measure creditworthiness by looking at information like: the number of accounts held, the age of associated credit accounts, consumer payment history of borrowed money, and the punctuality and consistency of payments.
As credit scores have become necessary to maintain credit and purchasing power, this system has been criticized as a wall between favored and disfavored classes of people. [10] The expansion of accessible credit can come with a downside of exclusion as people with poor credit (those that are considered high risk by credit scoring systems) become dependent on short-term alternatives such as licensed money lenders (the home credit industry), pawn brokers, payday lenders, and even loan sharks. [18] Credit scores can function as a form of social hierarchy that creates opportunities to exploit poor Americans. This can also prevent people from ever escaping their poverty or a poor financial past. [19]
Credit scoring systems also act as a way to treat individuals as objects that are subject to a particular set of quantifiable attributes. [20] In addition, they have a degrading potential that celebrates calculability over human needs. [21] Discriminatory responses to poor credit create a self-fulfilling prophecy as it raises costs for future financing which increases the likelihood of being unemployed or insolvent. [9] Since credit scores aim to classify people, other markets have expanded its applicability for use as a screening or assessment tool. [10] Credit is no longer used just for financial products such as mortgage loans, but is increasingly being applied cross-institutionally for other services such as:
Alternative credit scoring systems can use data such as rental payments, utility payments, subprime credit, and cell phone bills. [25] Other sources are social media activities, internet browsing history, employment history, student history, past loan application dates and locations, or the method one uses when purchasing gasoline. [26] Scores have also used for bespoke purposes such as dating. [27] Prior to the formation of the Fair, Isaac and Company (FICO) or the Fair Credit Reporting Act of 1970), early credit scoring systems such as the Retail Credit Company (now Equifax) in Atlanta, Georgia gathered information on individuals' sexual lives, disabilities, their political ideologies, and social behaviors. [19] Today, some scoring systems such as those developed by Versium Analytics are moving far beyond scores for financial products to measure probabilities that a consumer will commit fraud, cancel a subscription, be at risk of identity theft, buy environmentally friendly goods, donate to charity, among others. [15] [28]
Credit score systems are well known to contain racial bias and have been shown to increase racial disparities [4] [29] [30] [31] as studies show that African American and American Latino populations have substantially lower scores than the white American population on average. [1] Racial discrimination also results in impacts on the credit scores and economic security of communities of color—that ultimately, "entrenches and reinforces inequality by dictating a consumer's access to future opportunities". [1]
Numerous studies have found racial disparities in credit scoring:
The outcomes for Black Americans because of this bias are higher interest rates on home loans and auto loans; longer loan terms; increased debt collection default lawsuits, and an increase in the use of predatory lenders. [43] FICO has defended the system stating that income, property, education, and employment are not evenly distributed across society and it is irrational to think an objective measure would not exhibit these discrepancies. [20] Tamara Nopper, sociologist at The Center for Critical Race & Digital Studies has stated that to solve the true issue of racism is not just to regulate it, as politics focus on, but to eliminate it in favor of public-owned banks that serve the community instead of shareholders. [29] [44]
A related concept of insurance scoring has also been shown to discriminate along racial lines, disproportionately harming black and Latino populations. [45]
Employers are unable to access credit scores on the credit reports sold for the purposes of employment screening but are able to acquire debt and payment history. [46] Credit reports are legal to use for employment screening in all states, although some have passed legislation limiting the practice to only certain positions. John Ulzheimer, president of The Ulzheimer Group and the founder of CreditExpertWitness.com, stated in a CNBC report that, "[credit scores] indicate if you're in financial distress. These are attributes that are important to employers. For example, would you want to hire someone in your accounting department who can't manage their own obligations?". [47] This approach has been noted as a discriminatory issue as the decisions can prevent one from gaining employment. [4] [48] Eric Rosenberg, director of state government relations for TransUnion, has also stated that there is no research that shows any statistical correlation between what's in somebody's credit report and their job performance or their likelihood to commit fraud. [5] The National Consumer Law Center (NCLC) has stated that credit scoring perpetuates economic inequality by controlling access to opportunities in the future as well as important necessities such as employment. [1]
In 2009, TransUnion representatives testified before the Connecticut legislature about their practice of marketing credit score reports to employers for use in the hiring process. Legislators in at least twelve states introduced bills, and three states have passed laws, to limit the use of credit check during the hiring process. [49]
Medical debt is often a barrier to obtaining credit, housing, and employment. [6] Because medical situations are often unexpected, they can cause an individual or family to experience financial distress, especially when unanticipated or "surprise" bills are unable to be paid. [6]
The debt is reported to credit bureaus due to payment delays, insurance disputes, confusion, or the dysfunctional nature of the US healthcare finance system. [6]
Credit scores treat medical debts the same as any other debts despite their involuntary nature (unlike opening a credit card for example). Some states have implemented laws to protect consumers against medical debts affecting their scores ranging from: [6]
The NCLC recommends eight key requirements for policy reform: 1) expansion of public financial assistance; 2) financial assistance minimum standards; 3) large health care facilities must screen for eligibility for insurance; 4) language assistance for understanding the financial process; 5) payments start after 90 days; 6) clarification of contractual violations for a hospital's forgiveness of a patient's copay, coinsurance, etc.; 7) protecting family members from a loved ones debts; and 8) enforcement of the statute through a private right of action. [6]
The non-profit organization Student Debt Crisis along with Summer, a social impact startup that helps student debt holders published a national survey in 2018 that found 59% of respondents were prevented from making large purchases, 56% from buying a home, and 42% from buying a car. 58% reported that their credit scores had declined due to the debts, 28% were unable to start a business, 10% reported failing a credit check for a job prospect, and 13% failed a credit check for an apartment application. [50] [51] Rental application rejections and the inability to find sufficient housing is a well known consequence of credit scores as it leaves college graduates unable to participate in society. Even if loan payments are never late, debt-to-income ratios can be too high for landlords to approve an application. [52] Buying a home can be even more difficult, if not impossible, as student loans are often as big as or larger than an average mortgage. [53]
Consumers in the US have very little control over how they are scored and even less ability to dispute unfair, biased, or inaccurate credit report assessments. [7] Scoring is automated, which results in potential consequences, often lacking oversight. [9] Credit reports by the three largest companies are commonly found to be incorrect with thousands of cases going to court each year. [8] Federal law requires agencies to investigate disputed information; however, "the agencies have operated for decades with systems that make it nearly impossible to conduct a comprehensive investigation, attorneys and consumer advocates say. The law is so nuanced, they say, that credit bureaus can essentially wash their hands of meaningful review." [8] In 2020, 280,000 complaints were filed to the CFPB regarding credit reporting error issues. [54] One of the alleged reasons for the excess of errors, according to Matt Litt, consumer campaign director with U.S. Public Interest Research Group, is that the credit reporting agencies are not incentivized to fix them because consumers are not the customers, but are instead the product—lenders, landlords, and other businesses seeking credit information are the customers. [8] CNBC reported that there is an "astounding number of errors in the credit reports that are the result of misaligned economic and legal incentives", [55] and a public poll by the Morning Consult indicated (74%) a demand for new laws or regulations to deal with credit bureaus. [56] CNBC proposed three solutions to the issue of inaccurate reports: [55]
A large percent of credit scores are estimated to have inaccuracies. [15] A portion of the inaccuracies stem from misattribution errors from the intermixing of data due to similar names or information. [57] Alternative data using personal data outside of the scope of traditional credit scoring is also known to contain inaccuracies. [58] Further, none of this data collection, the methods, or the parameters used to determine creditworthiness are public information. [59] Unfair judgements of creditworthiness creates an unfair and socially unjust [60] system that restricts participation in society. [15] These algorithmic inaccuracies driven by big data can have serious implications for human identity and status in society, a concept known as the "scored society". [9] [15]
Because a significant portion of the FICO score is determined by the ratio of credit used to credit available on credit card accounts, one way to increase the score is to increase the credit limits on one's credit card accounts. [61] This has been criticized as it acts as a way to incentivize accumulation of debts and deincentivizes people from financing purchases themselves through saving, [62] as well as normalizes the credit-debt system and consumerism. [63]
The concept of "credit invisibility" (a term used by the Consumer Financial Protection Bureau, the CFPB [64] ) is factored into this as there are many individuals who do not use or need credit (usually the elderly), avoid using credit, or avoid participating in the credit system. Being credit invisible puts consumers at a disadvantage. [25] Hispanic Americans are typically more likely to pay in cash and pool resources with extended family. None of this is visible to credit reporting agencies and therefore leaves Hispanics without the ability to make major purchases. [65] Another group of Americans that are, "left in digital poorhouse," a phrase coined by social scientist Virginia Eubanks, are young—in particular, millennials. This is due to access versus ownership—unable to purchase because of low credit, they seek alternatives to buying cars or houses. They also do not use credit cards as much as cash and rely on mobile payment apps like Venmo. None of these transactions are captured by credit reporting agencies and leave students' credit invisible. Further, millennials report believing that being debt free is a sign of financial success. [66] To build a credit score requires one to take on debt, acting effectively as a debt score. [67]
Credit invisibility combined with the rise of big data and artificial intelligence has given rise to a new market that challenges the traditional FICO model of credit scoring. [44] The use of alternative data has been pursued as a means to access more consumers, a form of market competition in an industry seeking greater profits. [44] Controversy exists regarding the invasive nature of the technology. Some of the issues are summarized here:
Credit scores are enhanced by having multiple credit cards, the use of credit cards, and having installment loans. However, financially secure individuals who do not use multiple credit cards, or who self-finance expenses, may be inaccurately assessed a lower credit score. [72] Some have blamed lenders for inappropriately approving loans for subprime applicants, despite signs that people with poor scores were at high risk for not repaying the loan. By not considering whether the person could afford the payments if they were to increase in the future, many of these loans may have put the borrowers at risk of default. [73] Some banks have reduced their reliance on FICO scoring. For example, Golden West Financial abandoned FICO scores for a more costly analysis of a potential borrower's assets and employment before giving a loan. [74]
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Credit scoring technologies are not public information as they are proprietary trade secrets of the companies that invent them. [9]
Very little to no regulatory framework exists to ensure credit scoring algorithms are fair. [9] It has been suggested that scored individuals need to be granted rights for the various steps in the scoring process such as the method of data collection, how the score is calculated, to whom the score is disseminated, as well as how the score is used. [9] The Federal Trade Commission has also been targeted as the institution that should have greater regulatory oversight of the credit-scoring process as well as have access to credit-scoring systems to ensure fairness and accuracy. [9]
Credit scores have been criticized as a systematic way to measure morality. [15] [24] [10] [75] They track consumption choices over time and so they are used to reflect a person's ability to manage money. The classification system of credit scores "rewards consumers who belong to the right category", and excludes those who are on the fringes of classification; credit scores nominally intended as a gauge of reliability as a lender becomes instead a gauge of morality. Companies keep records of purchasing behavior, which suggests certain behavior patterns, some of which are rewarded and others are punished—usually in ways that broaden the economic and (perceived) moral gaps between richer and poorer persons. These punishments can include higher premiums, loss of privileges, poorer service, or higher interest rates, which ultimately affect credit score and purchasing power. [10] This idea is similarly expressed with the Social Credit System in China as it acts as a tool to, [fix] moral decay" [13] and "encourage positive economic and moral behaviours". [15] The parallel between the two systems is that China's is outside of the market, while the United States' is within the market, so it goes noticed as an issue of morality. [75] Jonathan Cinnamon of the University of Exeter states the unfairness of credit scores and how they impeded our ability to function in society: [15]
Inability to secure a loan, mortgage, job, or health insurance due to inaccurate placement in a ‘risk’ category is clearly unfair, however the accuracy of the classification is perhaps unimportant in the context of social justice—accurate or not, personal scoring systems ‘make up people’ (Hacking 1999); they produce new social categories of difference and restrict our ability to shape our own sense of self, a clear threat to parity of participation in social life.
— Jonathan Cinnamon
Jackie Wang of the University of Southern California writes in Carceral Capitalism about how credit scores ultimately make moral judgments that increase inequality: [24]
Nowadays, credit scores have a number of often invisible effects on our lives. Credit scores (and even more dubious "e-scores" determined by private data mining companies) are often used for hiring purposes because employers believe that credit scores are a reliable way to index a person's level of responsibility. Yet considering that medical debt is the most common cause of bankruptcy in the United States, and that there are racialized structural barriers to accessing nonpredatory forms of credit, it is outrageous to use credit scores as a way to measure someone's personal character and make moralistic judgments about them. You could have a terrible credit score simply by being an uninsured black or brown person (without accumulated wealth) who gets into a bicycle accident. In short, using credit scores to punish poor people exacerbates already-existing socioeconomic inequalities.
— Jackie Wang
Marion Fourcade of the University of California Berkeley and Kieran Healy of Duke University discuss the concept of credit scoring as a tool for moral judgement, [75] übercapital, [75] as well as a form of class struggle. [10]
In the 1960s, there was a debate centered on the notion that ‘‘the poor pay more’’ (Caplovitz, 1963). With the Great Society and the expansion of welfare programs, it waned. But its main idea—that being poor costs money, that firms looking to do business with the poor know this, and systematically exploit it—is worth retooling for a neoliberal era. Debt has become more accessible, but also a lot more expensive at the bottom end of the social scale. And now it is not simply the ‘poor’ that pay more, but much more specific categories of people, measured and targeted by moralized market instruments and differentiated market institutions. Classification situations may have become the engine of modern class situations.
— Marion Fourcade and Kieran Healy
Frank Pasquale, a legal expert on artificial intelligence, algorithms, and machine learning and Danielle Citron of the University of Virginia School of Law contend that the algorithms used to decide credit scores need moral justification because of the large impact they can have on individuals. [9]
Predictive scoring may be an established feature of the Information Age, but it should not continue without check. Meaningful accountability is essential for predictive systems that sort people into "wheat" and "chaff," "employable" and "unemployable," "poor candidates" and "hire away," and "prime" and "subprime" borrowers. Procedural regularity is essential given the importance of predictive algorithms to people's life opportunities-to borrow money, work, travel, obtain housing, get into college, and far more. Scores can become self-fulfilling prophecies, creating the financial distress they claim merely to indicate. The act of designating someone as a likely credit risk (or bad hire, or reckless driver) raises the cost of future financing (or work, or insurance rates), increasing the likelihood of eventual insolvency or un-employability. When scoring systems have the potential to take a life of their own, contributing to or creating the situation they claim merely to predict, it becomes a normative matter, requiring moral justification and rationale.
— Frank Pasquale
Debt is an obligation that requires one party, the debtor, to pay money borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Commercial debt is generally subject to contractual terms regarding the amount and timing of repayments of principal and interest. Loans, bonds, notes, and mortgages are all types of debt. In financial accounting, debt is a type of financial transaction, as distinct from equity.
Credit risk is the possibility of losing a lender holds due to a risk of default on a debt that may arise from a borrower failing to make required payments. In the first resort, the risk is that of the lender and includes lost principal and interest, disruption to cash flows, and increased collection costs. The loss may be complete or partial. In an efficient market, higher levels of credit risk will be associated with higher borrowing costs. Because of this, measures of borrowing costs such as yield spreads can be used to infer credit risk levels based on assessments by market participants.
Alternative financial services in the United States refers to a particular type of financial service, namely subprime or near-prime lending by non-bank financial institutions. This branch of the financial services industry is more extensive in the United States than in some other countries, because the major banks in the U.S. are less willing to lend to people with marginal credit ratings than their counterparts in many other countries. Examples of these companies include Springleaf, Duvera Financial, Inc., Lendmark Financial Services, Inc., HSBC Finance, Citigroup, Wells Fargo, and Monterey Financial Services, Inc. The more generic name "consumer finance" is also used, although more properly this term applies to financing for any type of consumer.
A credit score is a number that provides a comparative estimate of an individual's creditworthiness based on an analysis of their credit report. It is an inexpensive and main alternative to other forms of consumer loan underwriting.
Predatory lending refers to unethical practices conducted by lending organizations during a loan origination process that are unfair, deceptive, or fraudulent. While there are no internationally agreed legal definitions for predatory lending, a 2006 audit report from the office of inspector general of the US Federal Deposit Insurance Corporation (FDIC) broadly defines predatory lending as "imposing unfair and abusive loan terms on borrowers", though "unfair" and "abusive" were not specifically defined. Though there are laws against some of the specific practices commonly identified as predatory, various federal agencies use the phrase as a catch-all term for many specific illegal activities in the loan industry. Predatory lending should not be confused with predatory mortgage servicing which is mortgage practices described by critics as unfair, deceptive, or fraudulent practices during the loan or mortgage servicing process, post loan origination.
Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liability arising from such guarantee. An underwriting arrangement may be created in a number of situations including insurance, issues of security in a public offering, and bank lending, among others. The person or institution that agrees to sell a minimum number of securities of the company for commission is called the underwriter.
A credit history is a record of a borrower's responsible repayment of debts. A credit report is a record of the borrower's credit history from a number of sources, including banks, credit card companies, collection agencies, and governments. A borrower's credit score is the result of a mathematical algorithm applied to a credit report and other sources of information to predict future delinquency.
Credit is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately, but promises either to repay or return those resources at a later date. The resources provided by the first party can be either property, fulfillment of promises, or performances. In other words, credit is a method of making reciprocity formal, legally enforceable, and extensible to a large group of unrelated people.
An insurance score – also called an insurance credit score – is a numerical point system based on select credit report characteristics. There is no direct relationship to financial credit scores used in lending decisions, as insurance scores are not intended to measure creditworthiness, but rather to predict risk. Insurance companies use insurance scores for underwriting decisions, and to partially determine charges for premiums. Insurance scores are applied in personal product lines, namely homeowners and private passenger automobile insurance, and typically not elsewhere.
A credit bureau is a data collection agency that gathers account information from various creditors and provides that information to a consumer reporting agency in the United States, a credit reference agency in the United Kingdom, a credit reporting body in Australia, a credit information company (CIC) in India, a Special Accessing Entity in the Philippines, and also to private lenders. It is not the same as a credit rating agency.
Loan origination is the process by which a borrower applies for a new loan, and a lender processes that application. Origination generally includes all the steps from taking a loan application up to disbursal of funds. For mortgages, there is a specific mortgage origination process. Loan servicing covers everything after disbursing the funds until the loan is fully paid off. Loan origination is a specialized version of new account opening for financial services organizations. Certain people and organizations specialize in loan origination. Mortgage brokers and other mortgage originator companies serve as a prominent example.
A credit score is a numerical expression based on a level analysis of a person's credit files, to represent the creditworthiness of an individual. A credit score is primarily based on a credit report, information typically sourced from credit bureaus.
VantageScore is a consumer credit-scoring system in the United States, created through a joint venture of the three major credit bureaus. The model is managed and maintained by an independent company, VantageScore Solutions, LLC, that was formed in 2006 and is jointly owned by the three bureaus. VantageScore models compete with the FICO score produced by Fair Isaac Corp. (FICO). Like the models developed by FICO, VantageScore models operate on data stored in the consumer credit files maintained by the three national credit bureaus. VantageScore models and FICO models use statistical analysis on those data to predict the likelihood a consumer will default on a loan. Both VantageScore and FICO models represent risk of loan default in the form of three-digit scores, with higher scores indicating lower risk, but VantageScore and FICO use different, proprietary analytical methods, and scores from one system cannot be translated into one from the other.
A title loan is a type of secured loan where borrowers can use their vehicle title as collateral. Borrowers who get title loans must allow a lender to place a lien on their car title, and temporarily surrender the hard copy of their vehicle title, in exchange for a loan amount. When the loan is repaid, the lien is removed and the car title is returned to its owner. If the borrower defaults on their payments then the lender is liable to repossess the vehicle and sell it to repay the borrowers’ outstanding debt.
In finance, subprime lending is the provision of loans to people in the United States who may have difficulty maintaining the repayment schedule. Historically, subprime borrowers were defined as having FICO scores below 600, although this threshold has varied over time.
Connect, formerly PRBC, is a consumer credit reporting agency, more commonly referred to as a credit bureau in the United States. It is similar to the other four U.S. credit bureaus in that it is an FCRA compliant national data repository. Connect differs in that consumers are able to self-enroll and report their own non-debt payment history, and they can build a positive credit file based on alternative data, such as timely payments for bills including rent, utilities, cable, telephone, and insurance that are not automatically reported to the other bureaus.
Mortgage underwriting is the process a lender uses to determine if the risk of offering a mortgage loan to a particular borrower under certain parameters is acceptable. Most of the risks and terms that underwriters consider fall under the three C's of underwriting: credit, capacity and collateral.
In economic policy, alternative data refers to the inclusion of non-financial payment reporting data in credit files, such as telecom and energy utility payments.
In the United States, racial inequality refers to the social inequality and advantages and disparities that affect different races. These can also be seen as a result of historic oppression, inequality of inheritance, or racism and prejudice, especially against minority groups.
MicroBilt Corporation is an American credit reporting company and alternative credit data provider. Since its founding in 1978, it has grown by acquisition to challenge its larger rivals.
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