Experian Sold Consumer Data Without Consent, Class Action Claims

One of the “Big Three” credit bureaus in the United States (along with TransUnion and Equifax), Experian frequently handles sensitive consumer information. Many would assume that data privacy is a fundamental tenet of credit reporting. However, the UK-based company is in hot water for allegedly violating laws by mishandling consumer information.

A new class action lawsuit claims that Experian sold or disclosed consumer phone numbers to third-party credit lenders without consent. The credit bureau is accused of violating the Fair Credit Reporting Act (FCRA) through this purported misuse of trigger leads, which frequently resulted in unwanted advertisements.

Plaintiffs demand a jury trial, hoping to force Experian to own its allegedly harmful actions and compensate impacted consumers. The class action primarily concerns mortgage and home equity loan applicants, but anyone in the US whose telephone number was released by Experian to third-party lenders during the class period may qualify.

What Are Trigger Leads?

Have you ever found your mailbox full of credit card, insurance, or loan offers shortly after applying for financing? Perhaps you were inundated with phone calls or texts advertising credit products. Maybe you chalked it up to coincidence, but there’s a good chance a trigger lead was responsible.

Trigger leads involve personal information obtained by a credit bureau like Experian following a hard credit inquiry (also known as a credit pull). They include details regarding a consumer’s interest in lending products. 

Credit bureaus sometimes sell trigger leads to third-party companies, which use them for targeted advertising. The goal is to increase market competition and provide consumers with more credit offers. As the Experian mortgage leads lawsuit summarizes, “[trigger leads are] so termed because the ‘trigger’ for the sales lead is the consumer’s application for credit.”

Trigger leads can result in an onslaught of unsolicited advertisement calls, texts, and mailings. Though some consumers welcome the resulting credit offers, others find them intrusive and spam-like. 

Are Trigger Leads Illegal?

Trigger leads in principle are not illegal, provided that credit bureaus obtain proper consent before releasing consumer information. Credit bureaus and third-party lenders must also adhere to all applicable laws, such as the Fair Credit Reporting Act (FCRA).

However, recently proposed legislation aims to outlaw trigger leads in the mortgage industry. For prospective homebuyers, trigger leads can generate a particularly bothersome number of solicitations that legislators have called “predatory.” As of September 2025, the bill has passed in both the House and Senate and is currently awaiting final presidential approval. 

What Is Experian Accused Of? 

So what pushed Experian’s use of trigger leads into allegedly unlawful territory? Plaintiffs claim the answer lies in the credit bureau’s purported failure to obtain proper consumer consent. In fact, the lawsuit states that Experian totally neglected to inform consumers that it sold their personal information.

The class action lawsuit explains that, following a home equity loan or mortgage application, Experian automatically released consumer phone numbers and credit reports to “a swarm of third-party lenders hungry for sales leads.” 

Allegedly completely unaware that their information had been disclosed, many individuals were baffled by the ensuing barrage of unsolicited lending advertisements, which often started as soon as a day after a financing application. One plaintiff recalled confusion about how third-party lenders knew about his loan application and obtained his phone number. 

Specifically, the lawsuit states, Experian used several different services to sell trigger leads, such as: 

• Mortgage Broker Leads
• Mortgage and Refinance Leads
• Prescreen
• Prospect Triggers

The unsolicited credit offers lawsuit referenced Experian’s Prospect Triggers service, in particular, which promotes financing advertisement “to increase response rate, reduce overall acquisition costs, boost profitability and reach credit active consumers.”

FCRA Violation: Experian Broke The Law?

The complaint states that, through its actions, “Experian has not only trampled on Plaintiff’s and Class Members’ consumer privacy rights under federal law; it has also created a nuisance for consumers across the country.” 

Indeed, plaintiffs reported receiving “hundreds of unwanted telephone calls.” Experian’s disclosure of personal protected data may have allegedly resulted in this “intrusive nuisance,” but the graver accusation is that the credit bureau broke the law.

Experian maintains that it upheld all federal requirements. However, the trigger lead class action says it violated the Fair Credit Reporting Act (FCRA) by releasing personally identifiable information, like consumer phone numbers. The complaint notes that, according to FCRA, Experian must be held accountable regardless of whether it willfully or negligently disclosed the private consumer data.

Not The Only Accusation: More On Experian Class Action 2025 

Its allegedly illegal use of trigger leads isn’t the only reason Experian is currently under fire. The Consumer Financial Protection Bureau (CFPB) recently sued Experian for failing to “reasonably investigate” consumer disputes regarding inaccurate or incomplete credit reports. Incorrect credit reports can lead to denied financing and poor credit terms and can even have life-altering impacts when they result in missed housing or employment opportunities. 

When consumers dispute inaccurate reports, credit bureaus are supposed to investigate thoroughly within a reasonable timeframe. The lawsuit claims that Experian failed to do so, instead conducting “sham investigations” or completely neglecting to review. The CFPB demands that Experian pay civil money penalties and compensate consumers in relation to these accusations. 

What’s Next For the Experian Trigger Lead Lawsuit?

The Experian phone number disclosure litigation is still in its early stages. If the case successfully progresses through the legal system, potential class members may be notified of their eligibility to file a claim via postcard or email. They may also see a settlement page promoted online, which should advise on how to make any potential Experian data sharing claims.