NCL supports AI liability rule, recommends extending its reach

May 2, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – This week, NCL and six other consumer advocacy and public interest organizations submitted comments in support of a Federal Trade Commission proposal that would establish legal liability for AI developers who know (or have reason to know) that their AI is facilitating fraud.

The FTC’s proposed rule would enable the agency to crack down on scams that use deepfakes and voice cloning. It would also help to fill a glaring gap in its ability to hold impersonation frauds accountable, like romance and grandparent scams. This hole in the Commission’s capacity to return funds to victims of fraud is a direct result of the Supreme Court’s decision in the 2021 AMG Capital Management v. FTC case.

“While some AI developers implement safeguards to prevent the misuse of their products, many do not,” said NCL Public Policy Manager Eden Iscil. “The FTC’s initiative in this space should put companies on notice that they cannot put out unregulated AI tools and allow criminals to supercharge their frauds with them.”

Recent trends have shown the urgent need for the FTC to have strong enforcement options to combat impersonation fraud. NCL’s Top Ten Scams report for 2023 found significant consumer losses attributed romance and family-and-friend imposter fraud, with victim complaints showing median losses at $8,000 and $1,040, respectively. Generative AI, including text generation, voice cloning, and visual deepfakes, can enable these scams to be significantly more effective. The Federal Bureau of Investigation noted a 322% increase in sextortion reports between 2022 and 2023, attributing much of the increase to the proliferation of AI tools.

The Center for American Progress, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, the National Association of Consumer Advocates, the National Consumer Law Center, and NCL urged the Commission to clarify that the liability for AI developers in facilitating fraud should also apply to companies that provide scammers access to AI tools, even if the companies did not develop the AI themselves. The full comments can be found here.

Additional reading:

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Top Ten Scams report: Explosion of crypto reports raises alarm 

February 6, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, D.C. — Cryptocurrency is being used in an increasing number of scams, leading to some of the highest median losses every reported to the National Consumers League (NCL). In its annual 2023 Top Ten Scams report, NCL found that the percentage of crypto-linked scam reports more than doubled year-over-year, making up almost 1-in-10 complaints received. The report, published annually, analyzed more than 2,700 consumer fraud complaints filed with NCL’s Fraud.org campaign last year.  

The median loss for reported investment frauds, including cryptocurrency, ballooned to $20,000. Just two years prior, the number was $1,750. The complaints in this category frequently described schemes where victims were encouraged to put money into cryptocurrencies and cryptocurrency-linked investments that later turned out to be fraudulent.  

“Year after year, complaints to Fraud.org paint a heartbreaking picture,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “It is clear that the problem of fraud is not going away on its own. It is past time for policymakers at every level to take this issue seriously and do everything they can to crackdown on this epidemic.” 

A record year for natural disasters appears to have been reflected in the numbers as well: reports of fake charity scams were up almost 200% compared to 2022. These complaints often involve fraudsters impersonating non-profit aid groups, particularly following crises like the wildfires in Maui. 

The top ten scam categories reported to Fraud.org in 2023 were:  

  1. Prizes/Sweepstakes/Free Gifts  
  2. Internet: General Merchandise  
  3. Phishing/Spoofing  
  4. Investments: Other (incl. cryptocurrency) 
  5. Fake Check Scams 
  6. Advance Fee Loans, Credit Arrangers  
  7. Friendship & Sweetheart Swindles  
  8. Charitable Solicitations 
  9. Family/Friend Imposter  
  10. Home Repair 

“Reporting fraud is an important step for victims,” said NCL Consumer Services Coordinator James Perry. “When someone reaches out, we can connect them with the right resources and begin to walk them through the recovery process. The information they share also helps inform decisions around fighting these scams.” 

Scammers contacting victims through the internet and phone calls initiated three out of four fraud incidents, with the internet replacing phone calls as the number one method of contact in 2023. The Top Ten Scams report also showed a worrying trend in scams targeting young consumers. Compared to 2022, complaints from consumers aged 18-25 increased by 13.12%. 

“The prevalence of scams online should worry everyone, especially as more of daily life becomes virtual,” said NCL Public Policy Manager Eden Iscil. “This is particularly troubling for younger individuals who we know statistically are more likely to become victims of fraud than any other age group. As consumers now grow up online, this problem will only get worse if we don’t dedicate resources to safeguarding our most vulnerable.”  

To view the full 2023 Top Ten Scams report, click here.  

Methodology  

The National Consumers League Top Ten Scams report analyzed 2,756 complaints submitted by consumers to NCL’s Fraud.org campaign in 2023. This data is self-reported by victims and should not be considered a nationally representative sample. NCL shares complaint data with a network of law enforcement and consumer protection agency partners who combine it with other data sets to identify trends in fraud and build cases. 

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL testifies before Senate, urges stronger protections against scams

February 1, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Highlighting the ongoing epidemic of fraud across the country, NCL Vice President of Public Policy, Telecommunications and Fraud John Breyault testified today before the Senate Committee on Banking, Housing, and Urban Affairs. Breyault advocated for stronger consumer protections alongside Carla Sanchez-Adams, a senior attorney at the National Consumer Law Center.

“When NCL last testified before this committee in 2021, we warned that peer-to-peer payment platforms such as Zelle, Venmo, Cash App, and PayPal had become ‘payment methods of choice for scammers.’ Unfortunately, the problem has only worsened since then,” Breyault told the committee. “No amount of consumer education, better disclosure, or ‘friction’ put into payment flows will solve this problem alone. The payment platforms where fraud occurs must have a bigger financial incentive to stop scams before they happen.”

The Federal Trade Commission, the primary federal agency for reporting fraud, continues to receive record numbers of complaints, with 5.4 million reports in 2022. Since the last time Vice President Breyault appeared before the Senate Banking Committee, median losses to scams nearly doubled, from $374 per incident to $650. The emergence of new and unregulated technologies, such as peer-to-peer payment apps and cryptocurrencies, has also facilitated staggering losses. Crypto-linked fraud losses exceeded $1 billion annually in 2022 and 2023.

“We are not winning the fight against fraud,” said Breyault. “We need Congress to Act.”

Breyault urged the Banking Committee to swiftly pass bills like the Protecting Consumers From Payment Scams Act and Senator Elizabeth Warrens (D-MA) Digital Asset Anti-Money Laundering Act of 2023 to crack down on scams targeting peer-to-peer payment apps and cryptocurrencies, respectively.

This was Breyault’s fourth time speaking before Congress on policy solutions to address the incessant scams targeting Americans daily. Breyault’s full written testimony can be found here.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

Stop senior scams!

Happy Consumer Protection Week! While fraud can affect anyone, regardless of age and other demographic information, Fraud.org and NCL are putting the spotlight on scams targeting older Americans.

Top Ten Scams Report: Consumers reported massive uptick in crypto-linked fraud losses in 2022

February 6, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

WASHINGTON, D.C. — Reports of scams tied to cryptocurrencies drove a significant increase in median losses in 2022, according to the National Consumers League’s annual Top Ten Scams report. The report, published annually, analyzed more than 3,500 consumer fraud complaints filed with NCL’s Fraud.org campaign last year. 

The report found that the median loss for investment frauds reported to Fraud.org was $18,700, compared to $1,750 in 2021. The complaints in this category frequently described schemes where victims were encouraged to put money into cryptocurrencies and cryptocurrency-linked investments that later turned out to be fraudulent. Such scams drove an increase in the median loss for all frauds reported to Fraud.org to $950, an eleven-year high. 

“Both median losses and the share of incidents reporting losses are up,” said John Breyault, NCL vice president of public policy, telecommunications, and fraud and the director of the Fraud.org campaign. “New technologies seem to be driving these trends, from crypto-related schemes to scammers using new technology to move victims’ money around.” 

Bank account debit, which includes peer-to-peer platforms like Zelle and Venmo, was the second most frequently mentioned way that victims reported sending money to fraudsters in 2022 (27.17% of complaints that included a loss). Compare this to 2021 when bank account debit was mentioned in 11.2% of complaints that included a loss. 

The top ten scam categories reported to Fraud.org in 2022 were: 

  1. Prizes/Sweepstakes/Free Gifts 
  2. Internet: General Merchandise 
  3. Phishing/Spoofing 
  4. Fake Check Scams 
  5. Investments: Other (incl. cryptocurrency) 
  6. Advance Fee Loans, Credit Arrangers 
  7. Friendship & Sweetheart Swindles 
  8. Family/ Friend Imposter 
  9. Computers: Equipment/Software 
  10. Scholarships/Grants 

“While we’re collecting data to better inform our efforts to combat fraud, we’re also aiding victims and connecting them with resources,” said NCL Consumer Services Coordinator James Perry. “It’s important to remember the person behind each report.” 

Notably, the share of reports involving romance scams declined by 31%. This trend may be attributable to last year’s significant media coverage of this type of fraud following the success of fraud-focused shows like “The Tinder Swindler” and “Inventing Anna.”  

“In real time, we are seeing the benefits of a national discussion around these types of fraud” said NCL Public Policy Manager Eden Iscil. “Having an open conversation about something as sensitive as romance scams helps to destigmatize the issue, provide space for victims to seek help, and put pressure on digital platforms to prevent misconduct.” 

To view the full 2023 Top Ten Scams report, click here. 

Methodology 

The National Consumers League Top Ten Scams report analyzed 3,503 complaints submitted by consumers to NCL’s Fraud.org campaign in 2022. This data is self-reported by victims and should not be considered a nationally representative sample. NCL shares complaint data with a network of law enforcement and consumer protection agency partners who combine it with other data sets to identify trends in fraud and build cases. 

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About the National Consumers League (NCL)
The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit https://nclnet.org.

Breyault and Amazon’s Alyssa Betz discuss policing fake reviews and counterfeits

 

By NCL Staff

 

This week, John Breyault, our Vice President of Public Policy, Telecommunications, and Fraud, sat down with Amazon’s Director of Public Policy, Alyssa Betz. On this episode of NCL’s We Can Do This! podcast, Alyssa and John discussed fake reviews, Amazon’s product liability, and more. This has been the latest collaboration between Amazon and NCL in our partnership towards improving consumer safety and online experiences.  

Fake Reviews 

With users increasingly relying on user reviews to make buying decisions, having access to trustworthy reviews is critical for consumers. Last month, Amazon sued a group of review brokers who were allegedly paying for fake reviews at large scale. In addition to discussing the suit, Betz outlined some of the steps they have taken to ensure that user reviews are trustworthy and accurately reflect consumers’ experiences. 

Counterfeits 

Given the vast number of products sold through nearly two million sellers worldwide, Amazon has an enormous responsibility to ensure consumer safety. Alyssa discussed some of the measures Amazon has taken to reduce criminals’ ability to operate on their platform, including investing over $700 million and employing more than ten thousand people to protect its store from fraud and abuse, including counterfeit products.

To hear the full episode, including John and Alyssa’s conversation about product liability and how to spot those phony Amazon delivery phishing texts, click here. 

If you have received suspicious communications or packages claiming to be from Amazon, you can find Amazon’s support page here. 

NCL applauds decisive action by CFPB against fraudulent payments processor

January 19, 2022

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org or (412) 945-3242

Washington, DC—The National Consumers League (NCL) today applauded action taken by the Consumer Financial Protection Bureau (CFPB) to hold payments processor BrightSpeed accountable for facilitating payments known to be associated with fraudulent tech support schemes. The Bureau, a critical safeguard for consumers nationwide, has banned BrightSpeed and its founder from participating in multiple financial service industries, including payment processing. Fraudulent tech support scams have been significant source of complaints that NCL receives via its Fraud.org website.

The following statement is attributable to NCL Executive Director Sally Greenberg:

“BrightSpeed processed payments for companies that took advantage of victims, especially senior citizens. They continued to serve scammers despite being aware of nearly 1,000 consumer complaints against their clients, as well as multiple inquiries from banks and law enforcement. BrightSpeed is not alone in this; many other financial institutions are also aware that they are being used to facilitate fraudulent activity. Given the massive spike in fraud since the beginning of the pandemic, we must tackle the problem by addressing all entities involved — especially the financial institutions.

“We hope that today’s action by the CFPB reflects a greater shift towards holding not just fraudsters accountable, but also the financial institutions that enable these crimes. Today’s settlement should serve as wakeup call that looking the other way while fraudsters take advantage of financial services platforms will not be tolerated under the Bureau’s new leadership.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

The boom in e-commerce has been a boon for fraudsters

The COVID-19 pandemic has greatly accelerated the growth of e-commerce…

NCL calls on Congress to protect consumers in wake of Supreme Court ruling in AMG Capital Management, LLC v. FTC

April 23, 2021

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org(412) 945-3242 or Taun Sterling, tauns@nclnet.org(202) 207-2832

Washington, DC—The National Consumers League (NCL) is deeply disappointed with today’s Supreme Court ruling in AMG Capital Management, LLC v. Federal Trade Commission. For decades, the Federal Trade Commission (FTC) has relied on section 13(b) of the FTC Act to seek restitution for victims of fraud. The court’s decision in this case undermines that authority, making it significantly more difficult for the Commission to provide relief to consumers who are defrauded by scam artists and companies engaged in unfair or deceptive business practices.

The following statement is attributable to NCL Vice President of Public Policy, Telecommunications and Fraud John Breyault:

The Court today put the interests of a convicted scammer above the needs of fraud victims. We are incredibly disheartened at the decision to deprive the FTC of one of its most effective tools for clawing back criminals’ ill-gotten gains. This decision will embolden the criminals who annually defraud millions of consumers, costing them billions of dollars and untold emotional damage. We hear practically every day from victims of scams whose financial lives have been ruined by scammers. Consumer need and deserve a consumer protection agency empowered to make them whole. Congress should urgently pass legislation restoring the FTC’s 13(b) authority to obtain compensation on behalf of fraud victims.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL statement on congressional demand that the Biden Administration investigate competition and consumer protection abuses in the live event industry

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org(412) 945-3242 or Taun Sterling, tauns@nclnet.org(202) 207-2832

Washington, DC—The National Consumers League (NCL) today applauded action by leaders of the House Commerce and Judiciary Committees calling on the Biden Administration to more actively enforce antitrust laws in the live events ticket marketplace. In a letter to Attorney General Merrick Garland and Acting Federal Trade Commission Chairwoman Rebecca Slaughter, Representatives Bill Pascrell, Jr. (D-NJ-09), Frank Pallone Jr. (D-NJ-06), Jerrold Nadler (D-NY-10), Jan Schakowsky (D-IL-09) and David Cicilline(D-RI-01) signed a letter urging the Administration to more aggressively police antitrust violations in the live event industry and, specifically, to revisit the Department of Justice’s 2010 consent order which allowed the Live Nation-Ticketmaster merger to move forward, and launch an investigation of Live Nation Entertainment’s potentially unfair, deceptive, and anticompetitive conduct. The following statement is attributable to John Breyault, NCL Vice President of Public Policy, Telecommunications and Fraud:

“As we emerge from the COVID-19 pandemic and live events begin again, we must use this moment to address longstanding competition and consumer protection issues in the live event industry. The Live Nation Entertainment conglomerate controls 80 percent of primary ticket sales while holding significant market share in other areas of the live event industry, including venue ownership, event promotion, artist management, and secondary ticket sales. We urge the Biden Administration to heed Congress’ demand for stronger antitrust scrutiny of the live event industry and Live Nation Entertainment, in particular. Reining in the abuses of a rigged ticketing marketplace is a critically necessary step to restore fairness for live event fans.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.