CALIFORNIA – A California man filed a class action lawsuit against Experian Information Solutions, alleging that the company sells consumer phone numbers to third-party lenders in violation of the Fair Credit Reporting Act (FCRA).
Plaintiff Darryl Davis of Richmond, seeks to represent a nationwide class of consumers whose phone numbers were shared by Experian with lenders without consent since June 6, 2023.
FCRA only permits the release of name and address
Davis said he applied for a home equity loan with AmeriSave Mortgage Loan Corporation around June 26, 2024
The same day he applied, AmeriSave pulled his Experian credit report to assess loan eligibility.
After receiving the inquiry, Experian sold the plaintiff’s phone number and credit data to third-party lenders as a “trigger lead” without his consent.
A trigger lead is a sales lead generated when a consumer applies for credit, and a credit bureau alerts other lenders, who may then contact the consumer with competing offers.
However, the FCRA only permits releasing the name and address for trigger leads and firm credit offers.
“The plain language of the FCRA does not permit telephone numbers to be disclosed in connection with trigger leads,” according to the court filing.
Plaintiff received 8-10 unsolicited phone calls per day
Davis said due to Experian’s sale of his phone number, he began receiving 8-10 unsolicited phone calls each day from unknown lenders offering loans.
He said the incessant calls caused him to screen his telephone calls for months, and violated his expectations of and right to consumer privacy under the FCRA.
The plaintiff seeks class certification, damages, legal fees and changes to Experian’s practices.
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