In March 2019, the Department of Housing and Urban Development (HUD) charged Facebook with violating central provisions of the Fair Housing Act of 1968 by allowing advertisers to exclude specific groups from housing advertisements based on things like race, religion or national origin.  This is a huge deal because it shows that tech companies can be held accountable for civil rights violations, after years of the federal government turning a blind eye. 

 

That same month, Facebook settled a case brought by the National Fair Housing Alliance (NFHA).  In that case, NFHA and the other plaintiffs asserted that "Facebook’s advertising platform contained pre-populated lists that allowed advertisers to place housing, employment, and credit ads that could 'exclude' (in Facebook terminology) certain protected groups, such as African Americans, Hispanics, and Asian Americans.  The platform was not designed so that “Whites” could be excluded in this manner. The plaintiffs also challenged:

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• The ability of housing, employment and credit advertisers to include or exclude Facebook users from receiving ads based on their sex or age, or based on interests, behaviors, or demographics that allegedly relate to or are associated with race, national origin, sex, age, disability, or family status;

• The ability of housing, employment and credit advertisers to set a narrow geographical area for ad viewership which could allegedly have an adverse impact based on race or national origin; and

• Facebook’s Lookalike Audience tool that allegedly allowed advertisers to create audiences of Facebook users in a way that could have an adverse impact on various groups, including based on gender, race and age.
   

The Fair Housing Act and other civil rights laws require fairness in how certain ads are made available to people. The Fair Housing Act, for example, makes it illegal to “make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement” that would limit housing options for protected groups."

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According to the NFHA, "This historic settlement involves sweeping changes to Facebook’s paid advertising platform and resolves five separate legal claims which alleged that Facebook’s platform unlawfully enabled advertisers to target housing, employment, and credit ads to Facebook users based on race, color, gender, age, national origin, family status, and disability.  Facebook will undertake far-reaching changes and steps that will prevent discrimination in housing, employment, and credit advertising on Facebook, Instagram, and Messenger demonstrating significant progress and a commitment to advancing civil rights. The parties have agreed to work together as changes are implemented to ensure consumers are treated fairly and have access to ads promoting services and amenities that people need to thrive.

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Facebook will be making eight big changes, positioning itself to be a pacesetter in advancing fair and equitable platforms, products and services and making the digital marketplace safer spaces for consumers."

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• Facebook will establish a separate advertising portal for creating housing, employment, and credit (“HEC”) ads on Facebook, Instagram, and Messenger that will have limited targeting options, to prevent discrimination. Click here to see additional requirements for the HEC portal.

• Facebook will create a page where Facebook users can search for and view all housing ads that have been placed by advertisers for the rental, sale, or finance of housing or for real estate related transactions (such as appraisals and insurance), regardless of whether users have received the housing ads on their News Feeds.

• Facebook will require advertisers to certify that they are complying with Facebook’s policies prohibiting discrimination and all applicable anti-discrimination laws.

• Facebook will provide educational materials and features to inform advertisers about Facebook’s policies prohibiting discrimination and anti-discrimination laws.

• Facebook will meet regularly with the Plaintiffs and their counsel to report on and discuss the implementation of the terms of the settlements.

• Facebook will permit the Plaintiffs to engage in testing of Facebook’s ad platform to ensure the reforms established under the settlements are implemented effectively.

• Facebook will work with NFHA to develop a training program for Facebook’s employees on fair housing and fair lending laws.

• Facebook will engage academics, researchers, civil society experts, and civil rights/liberties and privacy advocates (including plaintiffs) to study the potential for unintended bias in algorithmic modeling used by social media platforms.

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We need to keep this pressure up!

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Evidence:

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National Fair Housing Alliance.  "Facebook Settlement."  10 June 2020