Consumer protection

New York files lawsuit over $1 billion crypto scams targeting immigrants

New York Attorney General Letitia James has filed a lawsuit against NovaTech Ltd and AWS Mining Pty Ltd, accusing them of defrauding immigrant communities, particularly Haitians, out of over $1 billion. The suit alleges that these companies lured investors with promises of high returns, leveraging religious faith to gain trust. Instead of using the funds for legitimate trading, the majority was funneled into pyramid and Ponzi schemes by paying existing investors with funds collected from new ones. AWS Mining and its promoters, Cynthia and Eddy Petion, James Corbett, Martin Zizi, and Frantz Ciceron, promised investors 15 to 20 percent monthly returns, 200 percent returns on investments within 15 months, and bonuses for recruiting new investors.

However, the company failed to generate sufficient returns to pay these promised profits and bonuses, leading to its collapse in 2019 and causing millions of dollars in losses. Following AWS Mining’s collapse, Cynthia and Eddy Petion launched NovaTech, continuing to lure investors with promises of high returns and recruitment bonuses. They targeted minority communities, particularly Haitians, using prayer groups and WhatsApp chats, often advertising in Creole and using religious messages. James said Cynthia Petion branded herself ‘Reverend CEO’ and told investors that NovaTech was ‘God’s vision’, but privately called herself the ‘Zookeeper’ and belittled her investors as a ‘cult’ where ‘they just agree with everything you say.’

NovaTech falsely marketed itself as a registered hedge fund broker, misrepresented its licensing status in the US, and advertised high trading profits. Despite market conditions, NovaTech claimed to pay weekly trading profits, but these were fabricated, with payments coming from new investors’ funds. NovaTech collapsed in May 2023, leaving tens of thousands of investors unable to withdraw their cryptocurrency. Investigation by the Office of the Attorney General (OAG) found that from 2019 to 2023, investors deposited over a billion dollars, but less than $26 million was actually traded. The lawsuit seeks restitution, civil penalties, and a ban on their participation in the securities industry.

Why does it matter?

The following case sheds light on the susceptibility of immigrant communities to financial scams, particularly within the relatively unregulated cryptocurrency sector. James said in a statement that they’re ‘seeing the real dangers of unregulated cryptocurrency platforms with schemes like these.’  By exploiting religious faith and community trust, these fraudulent schemes inflict severe financial harm, often devastating victims’ life savings. The lawsuit seeks to recover the lost funds and hold fraudulent actors accountable, highlighting the need for robust consumer protections and the necessity of enforcing regulations to safeguard vulnerable populations. 

EU banks’ increasing reliance on US tech giants for AI raises concerns

According to European banking executives, the rise of AI is increasing banks’ reliance on major US tech firms, raising new risks for the financial industry. AI, already used in detecting fraud and money laundering, has gained significant attention following the launch of OpenAI’s ChatGPT in late 2022, with banks exploring more applications of generative AI.

At a fintech conference in Amsterdam, industry leaders expressed concerns about the heavy computational power needed for AI, which forces banks to depend on a few big tech providers. Bahadir Yilmaz, ING’s chief analytics officer, noted that this dependency on companies like Microsoft, Google, IBM, and Amazon poses one of the biggest risks, as it could lead to ‘vendor lock-in’ and limit banks’ flexibility. These facts also imply the strong impact AI could have on retail investor protection.

Britain has proposed regulations to manage financial firms’ reliance on external tech companies, reflecting concerns that issues with a single cloud provider could disrupt services across multiple financial institutions. Deutsche Bank’s technology strategy head, Joanne Hannaford, highlighted that accessing the necessary computational power for AI is feasible only through Big Tech.

The European Union’s securities watchdog recently emphasised that banks and investment firms must protect customers when using AI and maintain boardroom responsibility.

Italian regulator fines Meta over user data misuse

Italy’s antitrust regulator AGCM (Autorita’ Garante della Concorrenza e del Mercato) has fined Meta, the owner of Facebook and Instagram, for unfair commercial practices. The authority imposed a fine of €3.5 million on Meta Platforms Ireland Ltd. and parent company Meta Platforms Inc. for two deceptive business practices regarding the creation and management of Facebook and Instagram social network accounts.

Namely, the watchdog stated that Instagram users were not adequately informed about how their personal data was used for commercial purposes and that users of both platforms were not given proper information on contesting account suspensions.

Meta has already addressed these issues, according to the regulator. A Meta spokesperson expressed disagreement with AGCM’s decision and mentioned that the company is considering its options. They also highlighted that since August 2023, Meta has implemented changes for Italian users to increase transparency about data usage for advertising on Instagram.

CODE coalition advocates for open digital ecosystems to drive EU growth and innovation

The Coalition for Open Digital Ecosystems (CODE), a collaborative industry initiative launched in late 2023 by tech giants like Meta, Google and Qualcomm, held its first public event in Brussels advocating for open digital ecosystems to stimulate growth, foster innovation, and empower consumers, particularly within the challenging global context of the EU’s economy. The event hosted a high-level panel discussion with representatives from Meta, BEUC, the European Parliament and Copenhagen Business School. 

Qualcomm CEO Cristiano Amon gave an interview to Euractiv where he emphasised CODE’s three key elements of openness – seamless connectivity and interoperability, consumer choice, an an environment of open access. These elements aim to enhance user experience, maintain data access, and provide fair access to digital tools for developers, particularly smaller companies and startups. Amon highlighted the importance of interoperability and fair access for developers, especially as platforms evolve and become more relevant for various devices, including cars. He also stressed the need to provide fair access for smaller companies with new ideas to participate and reach customers in a competitive environment.

He said that Qualcomm is focused on developing computing engines, such as the Neural Processing Unit (NPU), which is designed to run all the time and handle multiple models. This development aims to add computing capability to various devices while addressing the challenge of integrating this new engine into devices without compromising battery life. Amon also expressed a positive view of the EU’s Digital Markets Act (DMA), applauding the European regulatory leadership for their focus on the importance of open and interoperable platforms. 

Why does it matter?

The panel discussion envisioned a positive scenario for the European digital agenda, highlighting the importance of openness, interoperability, and collaboration for consumers, businesses, and innovation. CODE’s emergence as a new stakeholder in the Brussels digital, tech, and competition policy space highlights the growing recognition of the importance of open digital ecosystems in fostering growth, innovation, and consumer empowerment within the EU’s digital landscape.

EU watchdog sets AI guidelines for banks

The European Securities and Markets Authority (ESMA) has issued its first statement on AI, emphasising that banks and investment firms in the EU must uphold boardroom responsibility and legal obligations to safeguard customers when using AI. ESMA’s guidance, aimed at entities regulated across the EU, outlines how these firms can integrate AI into their daily operations while complying with the EU’s MiFID securities law.

While AI offers opportunities to enhance investment strategies and client services, ESMA underscores its inherent risks, particularly concerning protecting retail investors. The authority stresses that management bodies are ultimately responsible for decisions, regardless of whether humans or AI-based tools make them. ESMA emphasises the importance of acting in clients’ best interests, irrespective of the tools firms choose to employ.

ESMA’s statement extends beyond the direct development or adoption of AI tools by financial institutions, also addressing the use of third-party AI technologies. Whether firms utilise platforms like ChatGPT or Google Bard with or without senior management’s direct knowledge, ESMA emphasises the need for management bodies to understand and oversee the application of AI technologies within their organisations.

Their guidance aligns with the forthcoming EU rules on AI, set to take effect next month, establishing a potential global standard for AI governance across various sectors. Additionally, efforts are underway at the global level, led by the Group of Seven economies (G7), to establish safeguards for AI technology’s safe and responsible development.

Airlines, hotels, and retailers in EU worry about exclusion in Google’s search alterations

Lobbying groups representing airlines, hotels, and retailers in Europe are urging the EU tech regulators to ensure that Google considers their views, not just those of large intermediaries, when implementing changes to comply with landmark tech regulations. These groups, including Airlines for Europe, Hotrec, EuroCommerce, and Ecommerce Europe, had previously expressed concerns about the potential impact of the EU’s Digital Markets Act (DMA) on their revenues.

The DMA aims to impose rules on tech giants like Google to give users more choice and offer competitors a fairer chance to compete. However, these industry groups fear the proposed adjustments could harm their direct sales revenues and exacerbate discrimination. In a joint letter to EU antitrust chief Margrethe Vestager and EU industry chief Thierry Breton, dated 22 May, they emphasised their mounting concerns regarding the potential consequences of the DMA.

Why does it matter?

Specifically, the groups worry that the proposed changes may give preferential treatment to powerful online intermediaries, resulting in a loss of visibility and traffic for airlines, hotels, merchants, and restaurants.

Despite Google’s acknowledgement in March that changes to search results may impact various businesses, including those in the European market, the company has not provided immediate comment on the recent concerns raised by these lobbying groups. The European Commission, currently investigating Google for possible DMA breaches, has yet to respond to requests for comment on the matter.

CMA accepts Meta’s updated UK privacy compliance proposals

Meta Platforms has agreed to limit the use of certain data from advertisers on its Facebook Marketplace as part of an updated proposal accepted by the UK’s Competition Market Authority (CMA). The request aims to prevent Meta from exploiting its advertising customers’ data. The initial commitments, accepted by the CMA in November, included allowing competitors to opt out of having their data used to enhance Facebook Marketplace.

The British competition regulator has provisionally accepted Meta’s updated changes and is now seeking feedback from interested parties, with the consultation period closing on 14 June. The details about any further amendments to Meta’s initial proposals in UK have yet to be disclosed. The following decision reflects a broader effort by regulators to ensure fair competition and prevent dominant platforms from misusing data.

In November, Amazon committed to avoiding the use of marketplace data from rival sellers, thereby promoting an even playing field for third-party sellers. Both cases highlight the increasing scrutiny of major tech companies regarding their data practices and market power, aiming to foster a more competitive and transparent digital marketplace.

Google requests non-jury trial in response to US antitrust lawsuit

Google has requested a non-jury trial in response to the US Justice Department’s lawsuit accusing the tech giant of anticompetitive practices in the online advertising market. The Justice Department, which filed the lawsuit in January 2023, claims Google has abused its dominance in digital advertising and should be forced to divest its ad manager suite.

Tech giant argues that the Justice Department’s request for a jury trial deviates from historical precedent, emphasising the complex technical nature of the case, which it believes would be challenging for a jury to understand. The Justice Department has not yet commented on Google’s filing.

Google’s online advertising network, including the ad manager, accounted for 12% of its revenue in 2021 and is integral to its overall sales, including its search engine and cloud services. Google contends that the Justice Department’s case exceeds the boundaries of antitrust law, asserting that these laws do not regulate the alleged conduct.

EU designates Booking as a gatekeeper under DMA

The European Commission announced on Monday that it has classified Booking as a ‘gatekeeper’ under the Digital Markets Act (DMA), signifying its strong market influence. At the same time, the Commission has initiated a market investigation into the regulatory status of social media network X to delve deeper into its market dominance. Despite this, according to the EU, online advertising services such as X Ads and TikTok Ads have not been designated as gatekeepers.

In March, the European Commission identified Elon Musk’s X, TikTok’s parent company ByteDance, and Booking.com as potential candidates for gatekeeper status, subjecting them to stringent tech regulations. While Booking has been officially designated as a gatekeeper, a market investigation has been initiated to address X’s opposition to such a classification. ByteDance was previously labelled as a gatekeeper in July last year, but TikTok has contested this designation at the EU’s second-highest court.

Why does it matter?

The Digital Markets Act (DMA) represents a significant step towards regulating the market dominance of large tech companies. It imposes stricter obligations on these firms, compelling them to moderate content, ensure fair competition, and facilitate consumer choice by making it easier to switch between services. As the EU continues to navigate the complexities of digital market regulation, the classification of gatekeepers and subsequent investigations serve as crucial measures to promote fair competition and protect consumers’ interests in the digital sphere.

US wireless carriers fined millions for sharing customers’ personal data

The US government has issued draconian fines against major wireless carriers AT&T, Sprint, T-Mobile, and Verizon following an investigation revealing the unauthorised sharing of customers’ personal data. The sanctions stem from 2020 allegations by the Federal Communications Commission (FCC) that the carriers had unlawfully shared users’ geolocation histories with third parties, including prisons, as part of their commercial programs. The fines target sharing user location information with data resellers, known as ‘location aggregators,’ who then distribute the data to third-party customers.

AT&T faces a fine of $57 million, while Verizon was fined nearly $47 million. Sprint received a $12 million fine, and T-Mobile was fined $80 million. Despite promises to cease the practice after the issue came to light in 2018, carriers continued for nearly a year or longer, according to the FCC. The investigation, initiated during the Trump administration, revealed that carriers attempted to shift responsibility for obtaining customer consent onto downstream recipients of location information, often resulting in no valid customer consent.

Responding to the fines, all wireless carriers intend to appeal the FCC’s decision. AT&T, Verizon, and T-Mobile assert that the FCC’s order lacks legal and factual merit, with each carrier highlighting its efforts to address the situation and emphasising its commitment to customer privacy. T-Mobile, in particular, discontinued its location data-sharing program five years ago and plans to challenge the decision, stating that the fine is excessive.

The investigation into unauthorised data sharing gained stimulus in 2018 when Oregon Democratic Senator Ron Wyden’s probe revealed that cellphone location information had made its way to Securus, a provider of prison phone services. Wyden commended the FCC for holding the companies accountable and stressed the importance of protecting customer privacy and safety.