WEBVTT

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Welcome to the Deep Dive. Today, we are pulling

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back the curtain on one of the most powerful

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yet often least understood corporations that

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governs modern American finance. Fair Isaac Corporation.

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Universally known, of course, by its acronym

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FICO. Right. And for most of us, FICO is just

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that three digit number, you know, a seemingly

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immutable fact that determines whether you get

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a mortgage. the rate on your next car loan, or

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even the deposit you need for your utilities.

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Exactly. But if you think FICO is simply a score,

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you are missing the forest for the tree. A very,

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very big forest. So our mission today is a deep

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dive into the source material. We have a detailed

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history, a corporate roadmap, and some really

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interesting legal analysis of FICO. We want to

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understand how an academic endeavor, a statistical

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model invented over half a century ago, transformed

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itself into a global data analytics powerhouse.

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And critically, why that near monopolistic market

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position is now facing some intense legal and

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regulatory scrutiny right here in the United

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States. We have to understand the company that

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owns the algorithm, not just the number the algorithm

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produces. And the high level facts alone really

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set the stage for this immense scale. FICO was

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founded way back in 1956. As Fair, Isaac and

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Company. Right. The brainchild of two men, Bill

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Fair, who was an engineer, and Earl Isaac, a

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mathematician. That marriage of engineering discipline

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and mathematical rigor is just the perfect origin

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story for an algorithmic company, isn't it? It

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really is. And the sheer scale of their penetration

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is the foundational challenge we're discussing.

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I mean, it is hard to wrap your head around the

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ubiquity of the system. We saw data showing that

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in 2013 alone, lenders purchased over 10 billion

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FICO scores? 10 billion. And that's not revenue.

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There's 10 billion specific instances where institutions

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relied on this one proprietary model to make

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a critical financial decision. In a single year.

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It just shows that FICO isn't merely a vendor.

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It's foundational infrastructure. It's the rails

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upon which vast amounts of global consumer finance

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run. And if those rails are proprietary and expensive,

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as plaintiffs are now alleging. then the entire

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economy feels that pinch. Okay, so let's unpack

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this history first and see how they went from

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two guys in California to a mandatory fixture

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in global finance. The story really begins in

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the cradle of what would become Silicon Valley.

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Bill Fair and Earl Isaac. They met while working

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at the Stanford Research Institute in Menlo Park,

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California. So the initial founding of Fair,

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Isaac &amp; Company in 1956 was really rooted in

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this academic environment, applying statistical

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theory to a deeply subjective problem. And that's

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the crucial context. You have to remember, before

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the mid -1950s, lending decisions were almost

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entirely subjective. Right. A loan officer would

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look at your personal collateral, your reputation

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in town, maybe even arbitrary factors like your

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handshake. or the closey war. And make a human

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judgment call. It was subjective, it was slow,

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and it was inherently biased. And Fair and Isaac

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saw an inefficiency there that they believed

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mathematics could solve. Precisely. They were

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proposing to replace a subjective qualitative

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system with an objective quantitative one. And

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the transition from theory to product was pretty

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rapid for that era. Just two years, right? Just

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two years. In 1958, they sold their very first

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credit scoring system. And here's where we see

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their early strategic brilliance in market building.

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It wasn't enough to just invent the score. They

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had to convince a traditional skeptical industry

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to actually adopt it. And we know they proactively

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pitched their system to 50 American lenders.

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50. Right out of the gate. That effort was absolutely

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critical to establishing early market penetration.

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They weren't waiting for the market to discover

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them. They were selling the whole concept of

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statistical risk management. And by getting those

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initial 50 lenders on board, they were creating

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an early, powerful network effect. Of course,

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the more institutions that used it, the more

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standardized and valuable the data became for

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everyone else. So the company grew, validated

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by the success of these early models, and that

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leads to a major corporate step. They go public.

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FICO went public in July of 1987, listing on

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the New York Stock Exchange. That move provided

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the capital necessary for the huge expansion

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we're going to discuss later. But the score we

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know today, that universal number, that didn't

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debut until 1989. That's when the first general

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purpose FICO score hit the market. Exactly. This

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wasn't a specialized tool for one bank. It was

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designed to be used across a wide spectrum of

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consumer lending decisions, from credit cards

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to installment loans. It standardized the measurement

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of consumer credit risk using the credit report

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data that was available at that time. Let's just

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clarify the foundation of that standard. The

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base FICO score ranges from 300 to 850. And we

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bring this up not because the number itself is

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surprising, but because that specific range represents

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the fundamental proprietary intellectual property

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that FICO built its empire on. An objective gauge

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of a potential borrower's creditworthiness. But

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for FICO to become an empire, it needed a massive,

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decisive victory. It needed a moment where it

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transitioned from being one option to being the

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standard. And that moment arrived with a mortgage

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market milestone. in 1995. Okay. What stands

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out here is that 1995 wasn't just another product

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update. This was a regulatory and industry -wide

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endorsement. What were the specific actions that

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Fannie Mae and Freddie Mac took? So Fannie Mae

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and Freddie Mac, these two massive government

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-sponsored enterprises or GSEs that are just

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essential cogs in the U .S. housing machine,

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they began using FICO scores to help determine

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which American consumers qualified for mortgages.

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They didn't just use them, they effectively mandated

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them, right? By only buying up mortgages that

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use the FICO score as a qualifying factor. That's

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the key. Let's unpack the seismic effect of that

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decision. This wasn't simply one large lender

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adopting the score, because Fannie and Freddie

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purchased the vast majority of mortgages to stabilize

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the housing market. Their decision effectively

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made the FICO score mandatory for any conventional

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loan in the United States. Precisely. Before

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1995, FICO was excellent. After 1995, it became

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entrenched and really non -negotiable infrastructure.

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If you wanted to participate in the conventional

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mortgage market, you had to use the FICO score,

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period. This move granted the Fair Isaac Corporation

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immense self -reinforcing market power, and it

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provides the foundation for the monopolistic

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challenges we're discussing today. So in less

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than 40 years, a statistical model designed in

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a research institute went from being a hard sell

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to 50 lenders to being the definitive mandatory

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requirement for the most significant debt most

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Americans will ever undertake. That's a staggering

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pace of standardization. The 1995 milestone changed

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everything, and it really kicked off a massive

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strategic evolution for the company. It did.

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We need to remember that FICO is legally the

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Fair Isaac Corporation. a name they adopted in

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2003, moving away from the original fair Isaac

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and Company. And this was far more than just

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a simple corporate rebrand. Oh, absolutely. It

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signaled a strategic shift away from being perceived

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as merely a credit score generator towards what

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they truly became. a comprehensive data analytics

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and enterprise software company. They were no

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longer just defining risk. They were selling

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the tools to manage and mitigate that risk across

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the entire financial spectrum. And we can trace

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this corporate identity shift quite clearly by

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just looking at the journey of their headquarters.

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It's actually a fascinating map of changing priorities

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and leadership philosophies. They didn't just

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settle down. They actively moved to follow perceived

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strategic advantages. That's a great way to put

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it. I find this trajectory incredibly inspiring.

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They started in San Rafael, California, you know,

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close to their academic roots. But then in 2004,

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after Thomas Grudnowski became CEO, they made

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a significant strategic pivot and moved the headquarters

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all the way to Minneapolis, Minnesota. And that

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move is really telling. Minneapolis is a major

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center for financial services, particularly in

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retail banking and payments processing. So moving

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there suggested a strategy focused on being physically

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close to the operational hubs of their primary

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customers. They were centering on the business

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of lending. Exactly. But the pendulum swung back.

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When William Lansing joined as CEO, they moved

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the headquarters back to California to San Jose

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in 2013. That move just screams, we are a tech

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company first. It's a return to the talent pool

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and the innovative ethos of Silicon Valley. It

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suggests a renewed focus on platform development,

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algorithm optimization, all the tech buzzwords.

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And then we get to the current, and I have to

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say, somewhat surprising headquarters location,

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Bozeman, Montana. Right. They established an

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office there in 2016 and eventually designated

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it as their corporate headquarters. This signals

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perhaps a shift toward operational efficiency,

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lower overhead. And maybe a decentralized model,

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leveraging remote talent while still maintaining

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these big engineering and sales hubs in places

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like San Jose and Minnesota. It's a company that

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is actively optimizing itself, always looking

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for the next strategic advantage. That dynamic

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movement of the HQ illustrates a company that

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refuses to be static. But the real evidence of

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their transformation into a data analytics giant

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lies in their acquisition strategy. Yes. It shows

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a deliberate, almost military -like effort to

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cover every single aspect of the credit lifecycle.

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Analyzing the long list of acquisitions from

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1992 through 2019 is like reading a strategic

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blueprint. It really is. Their early moves were

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about bolstering their core risk management offerings,

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making their scores more robust. For instance,

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the acquisitions of risk management technologies

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and prevision in 1997. That signaled an early

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understanding that simply providing a number

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wasn't enough. They needed to provide the software

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and the analysis tools for lenders to integrate

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that number into their day to day operations.

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Right. But the major transformative shift, the

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one that truly changed FICO's identity forever.

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was the acquisition of HNC Software in 2002.

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This was not a small tweak. This was an earthquake.

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HNC was a leader in real -time transaction monitoring

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and fraud detection. And that acquisition was

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a competitive moat. Before HNC, FICA was focused

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on assessing creditworthiness. After HNC, they

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could offer institutions a whole suite of tools

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that fought fraud in real time. Why is that so

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critical? Because preventing a billion dollars

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in credit card fraud is far more valuable to

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a bank than predicting who might default on a

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$10 ,000 loan. It instantly justified higher

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enterprise pricing. And it created a dependency

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on FICO for institutional security, not just

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consumer risk. Exactly. But they didn't stop

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there. They diversified into the full lifecycle

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of debt management. We see moves into optimization,

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like acquiring Dash Optimization in 2008. Which

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focuses on improving business decision making

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speed through prescriptive analytics and then

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tackling the back end. That's the flip side of

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lending risk. In 2012, they acquired CR Software,

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which specializes in collections and receivable

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software. So FICO started by predicting who would

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pay, and now they own the tools to chase down

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payments from those who didn't. They effectively

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became indispensable partners, covering both

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the front -end risk assessment and the back -end

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recovery. And the push into future data architecture

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is so evident with Carmosphere. In 2014, they

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acquired Carmosphere, which specialized in big

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data analytics for Hadoop. Okay, for the listener

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who might not be familiar with the jargon, Hadoop

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is an open -source framework designed to store

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and process extremely large, complex, and unstructured

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datasets. The kind of data that goes far beyond

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a traditional credit report. Exactly. This acquisition

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shows FICO anticipating the future. It signaled

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their ability to move beyond analyzing structured

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credit files and into the realm of unstructured,

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massive data streams. Positioning them to analyze

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consumer behavior and enterprise risk using next

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generation tools. This cemented the change to

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Fair Isaac Corporation. They became a vendor

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of high -end analytical infrastructure. And finally,

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the aggressive move into anti -financial crime

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and security. Right. They acquired Tonbeller

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AG in 2015, specializing in anti -money laundering

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and compliance, then Quadmetrics in 2016. Which

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allowed them to offer an enterprise security

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score for organizations, essentially a corporate

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credit score for cybersecurity risk. And EZMcom

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in 2019. So you are precisely right. FICO is

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no longer just the company providing a number

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between 300 and 850. They are a multibillion

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-dollar enterprise software vendor involved in

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fraud detection, collections, optimization, compliance,

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and institutional security scoring. Their business

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model is entirely integrated into the global

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financial infrastructure. Completely. Before

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we move on to scale and the current legal battles,

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let's quickly revisit the scores themselves because

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FICO's complexity is also evident in its product

00:12:48.139 --> 00:12:50.629
layering. Right. We talked about the base FICO

00:12:50.629 --> 00:12:52.909
score, 300 to 850, which is a general purpose

00:12:52.909 --> 00:12:55.429
measure. But the source material highlights the

00:12:55.429 --> 00:12:57.950
existence and purpose of industry -specific scores.

00:12:58.250 --> 00:13:01.190
And these have a different higher range, 250

00:13:01.190 --> 00:13:04.129
to 900. That's right. So why does that range

00:13:04.129 --> 00:13:06.750
expand and why do these specific scores even

00:13:06.750 --> 00:13:10.970
exist? It's all about predictive tuning. An industry

00:13:10.970 --> 00:13:14.070
-specific score is tuned to be more predictive

00:13:14.070 --> 00:13:17.009
of risk within that particular vertical. For

00:13:17.009 --> 00:13:19.740
example, a FICO auto score. Is customized to

00:13:19.740 --> 00:13:21.860
predict the likelihood of defaulting on an auto

00:13:21.860 --> 00:13:24.559
loan? Exactly. It might weigh timely payment

00:13:24.559 --> 00:13:26.779
of previous auto loans or the utilization rate

00:13:26.779 --> 00:13:28.700
on credit cards differently than a standard mortgage

00:13:28.700 --> 00:13:31.879
score would. So the 250 to 900 range doesn't

00:13:31.879 --> 00:13:33.940
necessarily mean the consumer has better credit.

00:13:34.039 --> 00:13:36.659
It just means the model is calibrated for a narrower,

00:13:36.720 --> 00:13:39.730
more specialized risk profile. That's it. And

00:13:39.730 --> 00:13:42.710
by offering these tailored scores, FICO can maximize

00:13:42.710 --> 00:13:44.809
its revenue by selling multiple products to the

00:13:44.809 --> 00:13:47.169
same lender, asserting its specialized expertise

00:13:47.169 --> 00:13:49.889
across different lending departments. It's brilliant

00:13:49.889 --> 00:13:52.450
product segmentation that further locks in their

00:13:52.450 --> 00:13:55.710
position as the authoritative provider of risk

00:13:55.710 --> 00:13:59.129
metrics for virtually any lending scenario. So

00:13:59.129 --> 00:14:01.830
now we connect that deep history and strategic

00:14:01.830 --> 00:14:05.850
evolution to FICO's current market reality. The

00:14:05.850 --> 00:14:08.690
scale is... Well, it's almost unbelievable. We

00:14:08.690 --> 00:14:10.929
already established the 10 billion scores purchased

00:14:10.929 --> 00:14:13.990
by lenders in 2013, which shows that institutional

00:14:13.990 --> 00:14:17.049
reliance. But the score has also become essential

00:14:17.049 --> 00:14:20.450
to individual consumers. Yes. The sheer volume

00:14:20.450 --> 00:14:23.570
of consumer engagement is astonishing. In that

00:14:23.570 --> 00:14:27.240
same year, 2013. 30 million American consumers

00:14:27.240 --> 00:14:29.980
access their scores themselves. 30 million. That

00:14:29.980 --> 00:14:32.000
shows a huge transition in consumer behavior.

00:14:32.299 --> 00:14:34.460
It's no longer just a metric used against you.

00:14:34.519 --> 00:14:36.820
It's a vital tool for personal financial planning

00:14:36.820 --> 00:14:39.179
and negotiation. And the market dominance becomes

00:14:39.179 --> 00:14:41.080
crystalline when you consider the distribution

00:14:41.080 --> 00:14:44.019
network. For the listener, the three major U

00:14:44.019 --> 00:14:46.860
.S. credit bureaus are Equifax, Experian, and

00:14:46.860 --> 00:14:49.340
TransUnion. And FICO scores are available through

00:14:49.340 --> 00:14:51.759
all three of them. That ubiquity is non -negotiable

00:14:51.759 --> 00:14:54.659
for standardization. If a lender pulls a report

00:14:54.659 --> 00:14:57.460
from Experian, they expect to see the FICO score

00:14:57.460 --> 00:14:59.559
as the gold standard of risk measurement. But

00:14:59.559 --> 00:15:02.120
the source material also mentions FICO's availability

00:15:02.120 --> 00:15:04.399
through the fourth U .S. Credit Reporting Bureau,

00:15:04.580 --> 00:15:08.509
PRBC. And that detail is important. PRBC stands

00:15:08.509 --> 00:15:12.029
for Pay Rent Build Credit. It focuses on including

00:15:12.029 --> 00:15:15.210
non -traditional credit data, like rent and utility

00:15:15.210 --> 00:15:17.629
payments. The fact that FICO scores are available

00:15:17.629 --> 00:15:20.809
through PRBC shows their ability to integrate

00:15:20.809 --> 00:15:24.309
into new, evolving data streams designed to serve

00:15:24.309 --> 00:15:27.029
potentially credit -thin populations. It proves

00:15:27.029 --> 00:15:29.129
that FICO is not beholden only to the established

00:15:29.129 --> 00:15:31.970
Big Three. They maintain universal access across

00:15:31.970 --> 00:15:34.610
the spectrum of data providers. This is strategic

00:15:34.610 --> 00:15:37.210
ubiquity, ensuring that almost every significant

00:15:37.210 --> 00:15:39.389
credit decision in the U .S. relies on their

00:15:39.389 --> 00:15:41.409
intellectual property. But their reach extends

00:15:41.409 --> 00:15:43.549
far beyond the domestic market. I mean, we are

00:15:43.549 --> 00:15:46.169
talking about a true global data analytics firm.

00:15:46.389 --> 00:15:48.649
Indeed. The source material underscores their

00:15:48.649 --> 00:15:51.110
substantial global footprint, providing scores

00:15:51.110 --> 00:15:53.350
and analytical services in major international

00:15:53.350 --> 00:15:56.070
markets. Including neighboring economies like

00:15:56.070 --> 00:15:58.590
Mexico and Canada, where they hold significant

00:15:58.590 --> 00:16:01.289
market share. The global operational footprint

00:16:01.289 --> 00:16:04.070
listed in the sources is truly impressive and

00:16:04.070 --> 00:16:06.990
illustrates the scope of their ambition. International

00:16:06.990 --> 00:16:09.750
locations in major economies like Australia,

00:16:10.029 --> 00:16:13.809
Brazil, China, Germany, India, Italy, Japan,

00:16:14.269 --> 00:16:16.850
the UK. And they even maintain a presence in

00:16:16.850 --> 00:16:19.769
smaller specialized markets like Lithuania, Poland,

00:16:19.909 --> 00:16:22.710
and South Africa. This global presence serves

00:16:22.710 --> 00:16:26.429
multiple strategic purposes. It diversifies their

00:16:26.429 --> 00:16:29.029
risk exposure away from any single regulatory

00:16:29.029 --> 00:16:31.649
body, which is particularly relevant given their

00:16:31.649 --> 00:16:33.809
domestic antitrust challenges. And second, for

00:16:33.809 --> 00:16:36.230
multinational banks, having a single familiar

00:16:36.230 --> 00:16:38.889
and objective risk management vendor that operates

00:16:38.889 --> 00:16:41.750
seamlessly across diverse regulatory environments

00:16:41.750 --> 00:16:44.309
is an enormous advantage. They're exporting the

00:16:44.309 --> 00:16:46.990
concept of data driven statistical credit worthiness

00:16:46.990 --> 00:16:48.950
worldwide. That's exactly what they're doing.

00:16:49.049 --> 00:16:51.210
And that global scale and proprietary product

00:16:51.210 --> 00:16:53.769
suite translate directly into immense financial

00:16:53.769 --> 00:16:56.519
power. Looking at recent financial data based

00:16:56.519 --> 00:17:00.039
on 2025 SEC filings, we can establish FICO's

00:17:00.039 --> 00:17:02.059
current market capitalization and profitability.

00:17:02.440 --> 00:17:04.940
The revenue figures are striking. They reported

00:17:04.940 --> 00:17:10.740
revenue of $1 .99 billion. Nearly $2 billion

00:17:10.740 --> 00:17:13.539
generated from algorithms, software, and data

00:17:13.539 --> 00:17:16.160
analytics. It's a testament to the high value

00:17:16.160 --> 00:17:18.259
the financial industry places on their proprietary

00:17:18.259 --> 00:17:20.819
risk models. But what really hammers home the

00:17:20.819 --> 00:17:23.380
efficiency and the market power is the margin.

00:17:23.559 --> 00:17:27.740
The operating income was $925 million. And net

00:17:27.740 --> 00:17:30.779
income stood at $652 million, a nearly billion

00:17:30.779 --> 00:17:33.559
-dollar operating profit from $2 billion in revenue.

00:17:33.819 --> 00:17:35.940
That's the kind of margin you see when you sell

00:17:35.940 --> 00:17:37.980
proprietary... intellectual property with very

00:17:37.980 --> 00:17:40.200
low marginal costs. The infrastructure is built,

00:17:40.279 --> 00:17:42.299
the data feeds are running, and the algorithms

00:17:42.299 --> 00:17:45.079
are operating. Every subsequent score they sell

00:17:45.079 --> 00:17:48.099
is almost pure profit. And they manage this operation

00:17:48.099 --> 00:17:52.279
with just 3 ,811 employees. Their status as an

00:17:52.279 --> 00:17:56.200
S &amp;P 500 component, traded as NYSE. FICO just

00:17:56.200 --> 00:17:57.819
solidifies their position as one of the most

00:17:57.819 --> 00:18:00.059
essential and profitable financial technology

00:18:00.059 --> 00:18:02.240
giants in the world. So when you look at that

00:18:02.240 --> 00:18:04.400
level of financial dominance and market saturation,

00:18:04.960 --> 00:18:06.880
The $10 billion score is the near billion -dollar

00:18:06.880 --> 00:18:10.480
operating income. It becomes obvious why FICO's

00:18:10.480 --> 00:18:12.960
dominant position would attract intense scrutiny.

00:18:13.220 --> 00:18:15.960
Which leads us directly into the modern challenges

00:18:15.960 --> 00:18:19.059
they face. The story of FICO in the 21st century

00:18:19.059 --> 00:18:21.720
is increasingly defined by the legal pushback

00:18:21.720 --> 00:18:24.220
against its market power. And the key distinction

00:18:24.220 --> 00:18:26.259
we have to make here is that the controversy

00:18:26.259 --> 00:18:29.339
isn't about whether the score is accurate. No,

00:18:29.339 --> 00:18:32.180
it's about whether FICO is using its infrastructural

00:18:32.180 --> 00:18:35.400
status. That national standardization solidified

00:18:35.400 --> 00:18:39.500
back in 1995 to charge excessive prices and stifle

00:18:39.500 --> 00:18:41.859
competitors. And the U .S. Department of Justice,

00:18:42.039 --> 00:18:44.559
the DOJ, has certainly been involved. We saw

00:18:44.559 --> 00:18:46.859
the initial rumblings of an antitrust investigation

00:18:46.859 --> 00:18:49.619
opened in March of 2020. Which was eventually

00:18:49.619 --> 00:18:51.700
reported as closed later that year in December

00:18:51.700 --> 00:18:54.829
2020. But the concern, especially among political

00:18:54.829 --> 00:18:56.950
leaders, it never really went away. We saw a

00:18:56.950 --> 00:18:58.769
high profile resurgence of political pressure

00:18:58.769 --> 00:19:01.750
much more recently in March 2024. Right. When

00:19:01.750 --> 00:19:03.990
U .S. Senator Josh Hawley publicly urged the

00:19:03.990 --> 00:19:06.529
DOJ to open a new investigation into the Fair

00:19:06.529 --> 00:19:09.410
Isaac Corporation. The political allegation didn't

00:19:09.410 --> 00:19:11.950
mince words. The senator specifically stated

00:19:11.950 --> 00:19:14.970
that FICO appears to be using its monopolistic

00:19:14.970 --> 00:19:17.849
power over the credit scoring market to increase

00:19:17.849 --> 00:19:21.109
costs for mortgage lenders. And that claim is

00:19:21.109 --> 00:19:23.569
important because it directly targets the heart

00:19:23.569 --> 00:19:27.490
of FICO's power, the 1995 standardization by

00:19:27.490 --> 00:19:30.029
Fannie and Freddie. It's the foundation. Since

00:19:30.029 --> 00:19:33.049
lenders must use FICO to sell conventional mortgages,

00:19:33.250 --> 00:19:36.109
they are, in the senator's view, captive customers.

00:19:36.430 --> 00:19:38.809
And the allegation is that FICO is exploiting

00:19:38.809 --> 00:19:41.410
that mandatory infrastructure role to continuously

00:19:41.410 --> 00:19:43.509
raise the cost of participating in the housing

00:19:43.509 --> 00:19:46.119
market. But the core fight, it's not happening

00:19:46.119 --> 00:19:48.240
in Washington. It's happening in courtrooms across

00:19:48.240 --> 00:19:50.400
the country through these business to business

00:19:50.400 --> 00:19:52.859
lawsuits. Yes. We're talking about a flood of

00:19:52.859 --> 00:19:55.200
class action lawsuits. At least 10 were filed

00:19:55.200 --> 00:19:58.579
between 2020 and 2023. And the plaintiffs are

00:19:58.579 --> 00:20:00.990
FICO's direct customers. This is the ultimate

00:20:00.990 --> 00:20:03.410
confrontation between FICO and the institutions

00:20:03.410 --> 00:20:05.890
it serves. The plaintiffs are credit unions,

00:20:06.210 --> 00:20:08.450
major banks, regional mortgage lenders, real

00:20:08.450 --> 00:20:11.150
estate brokerages, even auto dealers. These are

00:20:11.150 --> 00:20:13.130
the institutions whose business models require

00:20:13.130 --> 00:20:16.109
them to purchase FICO scores hundreds, thousands

00:20:16.109 --> 00:20:19.150
or even millions of times a year. So what exactly

00:20:19.150 --> 00:20:22.210
are these lenders alleging in detail? It's not

00:20:22.210 --> 00:20:24.809
just about high prices, is it? It's about the

00:20:24.809 --> 00:20:28.130
mechanisms FICO allegedly uses to maintain that

00:20:28.130 --> 00:20:30.490
monopoly. That's the crux of the legal argument.

00:20:31.109 --> 00:20:33.890
The plaintiffs claim FICO maintains monopoly

00:20:33.890 --> 00:20:36.789
power through a series of anti -competitive agreements

00:20:36.789 --> 00:20:39.650
and business practices. And one of the central

00:20:39.650 --> 00:20:42.049
claims revolves around alleged tying agreements.

00:20:42.490 --> 00:20:44.930
OK, let's define a tying agreement in this context.

00:20:45.210 --> 00:20:48.160
So a tying arrangement is where a seller. Who

00:20:48.160 --> 00:20:50.779
has a monopoly in one market, the tying product,

00:20:51.000 --> 00:20:53.619
which here's the mandatory FICO score used for

00:20:53.619 --> 00:20:56.279
mortgages. Right. forces customers to also buy

00:20:56.279 --> 00:20:59.140
a separate product or service, the tied product.

00:20:59.359 --> 00:21:01.359
Which might be other FICO analytics software,

00:21:01.680 --> 00:21:04.680
fraud tools, or consulting services? Exactly.

00:21:04.859 --> 00:21:06.920
They make it a condition of obtaining the product

00:21:06.920 --> 00:21:09.940
you have to buy. So the allegation is that FICO

00:21:09.940 --> 00:21:12.259
is leveraging the one product lenders must buy

00:21:12.259 --> 00:21:15.180
the score to coerce them into buying the other,

00:21:15.220 --> 00:21:17.299
more lucrative analytical products we discussed

00:21:17.299 --> 00:21:19.859
earlier. The anti -fraud software, the collection

00:21:19.859 --> 00:21:23.680
software? Yes. This creates a powerful competitive

00:21:23.680 --> 00:21:27.220
moat. How so? Well, if a competitor develops

00:21:27.220 --> 00:21:30.259
a better collection software or a more accurate

00:21:30.259 --> 00:21:32.960
specialized auto score, lenders may still be

00:21:32.960 --> 00:21:35.660
hesitant to adopt it. Because FICO could potentially

00:21:35.660 --> 00:21:38.480
retaliate by raising the price or restricting

00:21:38.480 --> 00:21:40.940
access to the mandatory base FICO mortgage score?

00:21:41.180 --> 00:21:43.650
It's a network of alleged dependencies. So the

00:21:43.650 --> 00:21:45.730
lenders aren't just complaining about the cost

00:21:45.730 --> 00:21:47.730
of the score itself, but about the structure

00:21:47.730 --> 00:21:50.750
of the contracts, which they claim mandate purchasing

00:21:50.750 --> 00:21:53.710
a broader suite of FICO products. And that they

00:21:53.710 --> 00:21:56.150
charge artificially inflated prices for these

00:21:56.150 --> 00:21:58.329
captive products. That's the financial core of

00:21:58.329 --> 00:22:00.869
the lawsuit. The lenders argue that they are

00:22:00.869 --> 00:22:03.730
essentially paying a monopoly tax a premium because

00:22:03.730 --> 00:22:06.069
they have no viable alternative, particularly

00:22:06.069 --> 00:22:09.089
when dealing with GSE backed mortgages. And this,

00:22:09.190 --> 00:22:12.349
the plaintiffs argue, hurts competition and raises

00:22:12.349 --> 00:22:14.950
the cost of credit throughout the entire financial

00:22:14.950 --> 00:22:17.990
ecosystem. But surely the lenders knew the cost

00:22:17.990 --> 00:22:20.309
of standardization when they signed on in 1995.

00:22:20.970 --> 00:22:24.150
Is this really an antitrust issue or is it just

00:22:24.150 --> 00:22:26.829
buyer's remorse now that FICO has become so successful

00:22:26.829 --> 00:22:28.970
and its prices have gone up? Well, that is the

00:22:28.970 --> 00:22:30.890
central question the court will have to wrestle

00:22:30.890 --> 00:22:34.009
with. FICO's defense is that they're being competitively

00:22:34.009 --> 00:22:37.089
smart and innovative and that their pricing reflects

00:22:37.089 --> 00:22:39.990
the value of their proprietary intellectual property.

00:22:40.460 --> 00:22:42.859
But the plaintiffs successfully argued that FICO

00:22:42.859 --> 00:22:45.779
is exploiting a regulatory mandate, that 1995

00:22:45.779 --> 00:22:48.900
Fannie Freddie decision, which they claim eliminates

00:22:48.900 --> 00:22:51.900
any true price competition. And the biggest validation

00:22:51.900 --> 00:22:54.319
of the seriousness of these claims came in September

00:22:54.319 --> 00:22:57.259
2023. This was the moment the legal challenge

00:22:57.259 --> 00:22:59.740
received its judicial green light. Tell us about

00:22:59.740 --> 00:23:01.799
that. Yes. U .S. District Judge Edmund Chang

00:23:01.799 --> 00:23:04.400
delivered a really critical ruling. He stated

00:23:04.400 --> 00:23:06.119
that the plaintiffs had presented enough evidence

00:23:06.119 --> 00:23:08.940
that FICO had violated antitrust law to allow

00:23:08.940 --> 00:23:11.259
the lawsuits to proceed to discovery and trial.

00:23:11.460 --> 00:23:14.740
That ruling is seismic. It means these claims

00:23:14.740 --> 00:23:17.559
are not just political posturing or idle complaints.

00:23:17.720 --> 00:23:20.180
They are recognized by the judiciary as having

00:23:20.180 --> 00:23:23.319
sufficient factual basis to challenge FICO's

00:23:23.319 --> 00:23:26.160
fundamental business model under U .S. antitrust

00:23:26.160 --> 00:23:28.289
law. The judge essentially acknowledged that

00:23:28.289 --> 00:23:30.529
the plaintiffs had plausible arguments that FICO

00:23:30.529 --> 00:23:32.809
was exploiting its government -mandated status

00:23:32.809 --> 00:23:35.950
as the national standard. It means the company

00:23:35.950 --> 00:23:38.950
founded on statistical objectivity must now subject

00:23:38.950 --> 00:23:41.549
its business structure and proprietary algorithms

00:23:41.549 --> 00:23:44.190
to the intense scrutiny of a major antitrust

00:23:44.190 --> 00:23:46.279
trial. The financial industry is essentially

00:23:46.279 --> 00:23:48.740
challenging the terms of its own dependency on

00:23:48.740 --> 00:23:51.339
the Fair Isaac Corporation. It truly is the ultimate

00:23:51.339 --> 00:23:53.720
test of whether total market domination achieved

00:23:53.720 --> 00:23:56.200
through standardization and strategic acquisition

00:23:56.200 --> 00:23:59.539
is defensible under modern competition statutes.

00:23:59.700 --> 00:24:01.559
So this deep dive has really shown us how the

00:24:01.559 --> 00:24:03.940
Fair Isaac Corporation became the invisible engine

00:24:03.940 --> 00:24:06.440
of global consumer finance. We began with two

00:24:06.440 --> 00:24:08.779
men at the Stanford Research Institute inventing

00:24:08.779 --> 00:24:11.039
a concept of objective credit risk measurement

00:24:11.039 --> 00:24:15.160
way back in 1956. And that concept was cemented

00:24:15.160 --> 00:24:17.180
as the national standard for the U .S. mortgage

00:24:17.180 --> 00:24:21.440
market in 1995. Then, through massive strategic

00:24:21.440 --> 00:24:24.920
acquisition, FICO transformed itself from a specialized

00:24:24.920 --> 00:24:27.920
credit score provider into a multifaceted software

00:24:27.920 --> 00:24:30.500
and data analytics corporation. Generating nearly

00:24:30.500 --> 00:24:34.799
$2 billion in revenue by 2025. Today, FICO is

00:24:34.799 --> 00:24:37.170
a global data behemoth. providing the metrics

00:24:37.170 --> 00:24:40.109
for risk management, fraud detection and optimization

00:24:40.109 --> 00:24:42.829
across countless industries worldwide. Yet that

00:24:42.829 --> 00:24:45.789
very success has created intense scrutiny, culminating

00:24:45.789 --> 00:24:48.470
in political demands for investigation. And more

00:24:48.470 --> 00:24:51.470
importantly, these high stakes class action lawsuits

00:24:51.470 --> 00:24:54.190
from the very banks and lenders who depend on

00:24:54.190 --> 00:24:56.609
its core product. And they're alleging monopolistic

00:24:56.609 --> 00:24:58.750
pricing and anti -competitive tying agreements.

00:24:58.990 --> 00:25:01.109
The discussion boils down to this fundamental

00:25:01.109 --> 00:25:03.829
tension, the efficiency provided by standardization

00:25:03.829 --> 00:25:11.180
versus the costs and potential. FICO built the

00:25:11.180 --> 00:25:13.319
engine, and now the users of that engine are

00:25:13.319 --> 00:25:15.769
fighting over the price of the oil. So what does

00:25:15.769 --> 00:25:18.349
this all mean for you, the listener? We know

00:25:18.349 --> 00:25:20.970
that your personal FICO score, ranging from 300

00:25:20.970 --> 00:25:24.529
to 850, is based on your credit reports and was

00:25:24.529 --> 00:25:26.789
established as the national standard for mortgages

00:25:26.789 --> 00:25:30.150
back in 1995. But think back to that long list

00:25:30.150 --> 00:25:32.329
of acquisitions we meticulously went through.

00:25:32.509 --> 00:25:35.609
Fraud detection, security scoring, optimization,

00:25:36.150 --> 00:25:40.079
compliance, collection software. Right. Considering

00:25:40.079 --> 00:25:42.599
that FICO has aggressively moved into every corner

00:25:42.599 --> 00:25:44.799
of institutional risk management and big data

00:25:44.799 --> 00:25:47.380
infrastructure, the final provocative thought

00:25:47.380 --> 00:25:50.440
we want to leave you with is this. Given FICO's

00:25:50.440 --> 00:25:52.599
immense profitability and proprietary control

00:25:52.599 --> 00:25:55.160
over these key software tools, how much more

00:25:55.160 --> 00:25:57.259
of the modern financial and transactional ecosystem,

00:25:57.640 --> 00:26:00.099
from preventing corporate fraud to optimizing

00:26:00.099 --> 00:26:02.579
collections on credit cards, is now silently

00:26:02.579 --> 00:26:05.500
governed and influenced by the powerful yet invisible

00:26:05.500 --> 00:26:08.549
algorithms of the Fair Isaac Corporation? They

00:26:08.549 --> 00:26:10.450
aren't just scoring credit anymore. They are

00:26:10.450 --> 00:26:12.950
managing risk, fighting fraud, and defining the

00:26:12.950 --> 00:26:14.789
rules of engagement across the entire financial

00:26:14.789 --> 00:26:17.490
world. Something to mull over the next time you

00:26:17.490 --> 00:26:19.730
see that three -digit number. Thank you for joining

00:26:19.730 --> 00:26:21.089
the Deep Dive. We'll catch you next time.
