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.
