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Questioning Capital One Discover Merger NY AG Asks for Subpoena OCC Said to Resist

by Matthew R. Lee

SOUTH BRONX, Oct 23 – Capital One has applied to buy Discover, in an anticompetitive deal that should be rejected by regulators if they mean what they have been saying.

On September 4, Fair Finance Watch and Inner City Press submitted supplemental opposition to the regulators, including about a newly filed class action that "demonstrates Capital One's outrageous, illegal, and widespread practice of disclosing—without consent—the Nonpublic Personal Information1 and Personally Identifiable Financial Information2 (together, “Personal and Financial Information”) of Plaintiffs and the proposed Class Members to third parties, including Meta, Google, Microsoft,  DoubleClick, NewRelic, Adobe, Everest, Skai/Kenshoo, Snowplow, BioCatch, Tealium, and possibly others."

On October 23, while the Federal Reserve calls submissions of these abuses untimely, NY Attorney General Letitia James asked an NYS Judge to a subpoena against Capital One:

"Discover agreed to provide a waiver... Capital One declined to provide such a waiver. Instead, its counsel stated that it had been told by the OCC that issuing a voluntary waiver of federal confidentiality protections would contravene OCC regulations that restrict the ability of State law enforcement agencies to exercise “visitorial powers” over national banks.

27. Attorneys in the Attorney General’s Antitrust Bureau later spoke with attorneys at the OCC, who confirmed the OCC’s position."

What regulators.

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