Experian Blocked From Sending Transactional Emails to Sell Goods, Says Judge in DOJ Case

Experian is enjoined from treating an email as a transactional or relationship message if the primary purpose is the advertisement or promotion of a good or service, whether paid or free, and whether the product or service is included as part of a membership, said a Monday order (docket 8:23-cv-01494) signed by U.S. District Judge Fred Slaughter for Central California in Santa Ana. The credit reporting agency agreed this month to pay $650,000 to settle charges it sent consumers unsolicited email without offering them a way to opt out (see 2308150053). Experian doesn’t give consumers “clear and conspicuous” notice of their ability to opt out of receiving marketing messages, and a mechanism for them to do so, in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act, said the DOJ’s August complaint. Experian is also enjoined from sending an email that doesn’t have a functioning return email address, conspicuously displayed, that a consumer can reply to; it must also provide a clear and conspicuous way for consumers to opt out of emails, said the order.