That's the name of this article by law professor Frank Pasquale. Here is the abstract:
A bad
credit score may cost a borrower tens of thousands of dollars, but it is
not clear how it is calculated. The formula is a trade secret, immune
from scrutiny. Lenders are moving beyond scoring to “credit analytics,”
which tracks a consumer’s every transaction. Buy generic products
instead of branded ones, and you may find your credit card’s interest
rate rising and its limit falling. This essay critiques
automation in the consumer-facing side of the finance industry.
Reputation systems are creating new (and largely invisible)
disadvantaged groups, disfavored due to error or unfairness. You may be
one of those affected, labeled in a database as “unreliable,” “high
medical cost,” “declining income,” or some other derogatory term. Since
it is nearly impossible to find out exactly how one has been categorized
by data brokers and other information collectors, those disadvantaged
by secret, automated processes can’t even organize for better treatment.
This essay documents their plight, and how current law fails to help. I
propose new principles to guide the Consumer Financial Protection
Bureau, the Federal Trade Commission, and other regulators as they
address the growth of unaccountable financial data sources.
