Experian to pay $650,000 for spamming consumers who signed up for accounts with marketing emails they couldn’t opt out of

It’s frustrating to receive dozens, even hundreds of emails every day. But what if there’s no “unsubscribe” link and the emails won’t stop?

People who set up “Free Membership” accounts with Experian to manage access to their Experian credit report information online had that experience. The accounts let people “freeze” their credit to make it difficult for identity thieves to open new accounts in their name and “unfreeze” their credit to apply for a mortgage or other new credit.

But, the Federal Trade Commission said, the free accounts came with an extra that many people didn’t want – emails from Experian pitching its credit card offers, credit score services, auto-related products and services, and upsells for its paid membership programs.

Experian sent the emails even to people who opted out of getting its marketing emails, falsely claiming the email “contains important information about your account,” according to the FTC.

And, the FTC said, the emails didn’t include a way for people to opt out of getting them, in violation of the CAN-SPAM Act.

Experian Customer Service agreed to pay a $650,000 civil penalty and comply with the CAN-SPAM Act to settle an FTC lawsuit.

The CAN-SPAM Act gives consumers the right to stop companies from sending emails that primarily advertise commercial products or services. It requires companies that send marketing emails to include a clear notice that consumers have the right to opt out of getting future marketing emails. They also must give you an “unsubscribe” link or other internet-based way to opt out.

If consumers get unwanted marketing emails, they can opt out of getting them. The company is required to honor a request within 10 business days. If there’s no way to opt out or a consumer is still getting unwanted email from the company after 10 business days, they can tell the FTC at ReportFraud.ftc.gov.

Comments

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Too bad the FTC doesn't go after some of the businesses whose sites or emails do have opt out buttons but if you click on it, don't reach an unsub page, but may reach a page saying, this page no longer exists or similar message or, nothing happens. Or even though you're told your information has deleted from the businesses mailing list (this particular business sends catalogs to a physical address as well as emails), it isn't. I called/emailed one business at least 5 times, was told my name/address/email had been deleted, and then last Christmas, I got another catalog. Plus, the time that it (allegedly) takes to no longer receive junk mail/junk email keeps getting longer. Up to about 8 weeks now, I think.

Mostly business don't care, don't listen. The business I mentioned that despite at least 3 assurances that my name/address, etc, had been removed but, I got a christmas catalog anyway? One of their employees suggested I used DMA, which now charges for at least of its services. I emailed yet another complaint re: that suggestion, got another apology, but who knows if it's a made up identity, a poorly paid temp, or what, but it's clear that for the most part, businesses do not care. And the FTC and usually low budgeted state consumer divisions, do very little. Congress? Useless. Consumer protection laws in the US aren't good, they were better at one time, but as w/medical costs, the supposedly regulated industry has way way too much influence & too many Congress people and agencies get "captured" by those (corporate or other) they're supposed to be regulating see the FAA & Boeing, EPA, and now, the big pharma corporations that are suing CMS re: Medicare actually negotiating the price of all of what, 10 medications. Amazing how many European and other nations are able to successfully negotiate (as does the VA) the prices of most drug prices but the supposedly so powerful US hasn't and its first effort to do a teeny tiny fraction of meds taken by those covered by Medicare will probably be defeated in the courts. Or even this law repealed by bought & paid for members of Congress--despite apparently something like 80% of the US population favoring negotiation (real negotiation) of drug prices to lower them.