Federal Trade Commission Announced a Settlement with Experian for Spamming

Earlier this month, the Federal Trade Commission (“FTC”) announced a settlement with Experian after they charged Experian with spamming consumers who signed up for company accounts with marketing emails consumers couldn’t opt-out of. The Department of Justice, acting on behalf of the FTC, filed a complaint alleging that Experian Consumer Services (“ECS”), a California-based company also known as ConsumerInfo.com, Inc., sent unsolicited marketing offers to customers who had registered for an account to manage their Experian credit report information. The complaint claims that the corporation violated the CAN-SPAM Act by failing to give customers a clear and obvious notice in the emails about their option to opt out of receiving further marketing messages, along with a method for doing so. Customers must register for an account with ECS in order to manage their Experian credit information online, including freezing it. According to the complaint, after registering for a free membership account with ECS, customers allegedly received emails endorsing Experian's goods and services, including one that offered a free "Dark Web" scan and another that touted Experian Boost, which helps customers raise their credit scores. However, there was no unsubscribe link in the emails for customers to use to stop receiving more marketing communications. If you would like to read more about this case and others, visit our Case Studies Library.