Who Bears the Burden of Consumer Protection? Privacy Regulation, Gamification, and the Compliance Dilemma in AI-Driven Fintech
摘要
The rapid expansion of the FinTech industry, accelerated by artificial intelligence (AI), has democratized access to sophisticated financial services, making tools like stock investing and overseas transfers widely available to consumers. Major industry players such as Robinhood, Revolut, Wealthsimple, and Hardbacon now offer these services directly to users, immediately grounding consumers in the practical reality of what “FinTech” encompasses in this chapter. AI-driven personalization, through techniques such as gamification and nudging, enhances user engagement and platform competitiveness by delivering tailored experiences based on behavioral patterns. However, these same features can obscure risks and encourage uninformed financial decisions, particularly among less experienced consumers. This chapter provides a comprehensive overview of the challenges surrounding uninformed risk-taking in the FinTech space, exploring the tension between innovation and consumer protection. Drawing on an interdisciplinary literature review and insights from industry stakeholders, this analysis highlights a critical disconnect as consumers often engage with gamified platforms without fully understanding the associated risks—while professionals are still hesitant to alter designs that provide a competitive edge. The use of AI to analyze user behavior and optimize engagement further complicates this dynamic, raising ethical concerns about transparency and manipulation. This chapter examines how user-friendly designs combined with a light regulatory framework can lead to significant financial vulnerabilities for individuals. In response, this analysis explores a normative framework centered on ethics by design and the provision of accessible information, arguing that long-term trust and sustainability in the FinTech sector depend on a shared responsibility between companies, regulators, and consumers to foster a safer financial ecosystem.