During the three years since the Federal Housing Finance Agency began formally studying new credit scoring models, dozens of groups representing lenders, investors, consumers, and members of Congress have written in support of competition. While these groups recognize that there is a cost to overcoming convention, they know that credit scores are an important gateway to homeownership and recognize the limitations of granting any one firm a government-sanctioned monopoly on such a critical input. Competition is, after all, the lifeblood of American capitalism.
But every debate needs a devil's advocate. Financial blogger Chris Whalen, with a penchant for contrarianism and an opinion on everything from
Whalen also asserts that, in his legal opinion, VantageScore is an "illegal attempt to stifle competition." He apparently overlooks a 2009 ruling in the U.S. Federal District Court, which was later affirmed by the Eighth Circuit Court of Appeals, specifically rejecting that exact notion.
In response to a suit filed by FICO, the district court concluded that:
"…Fair Isaac's antitrust claims suffer from a fundamental, indeed fatal, flaw. The alleged conspiracy does not employ tactics that seek to destroy or cut off competition before it even has a chance to take hold; rather, the alleged conspiracy is dependent on convincing the market…that greater value can be realized by switching from FICO scores to VantageScore credit scores. This is the very essence of competition."
The "groundswell of support" for competing models is a result of that very effort: convincing the market that there is value in a new approach, and asking FHFA to grant market participants the ability to choose. The only "anticompetitive" force at play is
VantageScore has never aimed to replace FICO or any other credit scoring model, but rather for the chance to compete on a level playing field.
Competition in other areas of consumer lending has driven both VantageScore and FICO to build models that are
FHFA, together with Fannie and Freddie, have taken a