Class Action Claims Equifax Illegally Listed Colorado Phone Numbers in Online Directories

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A proposed class action lawsuit claims that Equifax illegally sold or otherwise provided Colorado residents’ phone numbers to businesses and other clients via online directories without first obtaining consent.

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According to the 12-page data privacy lawsuit, Equifax violated Colorado’s Prevention of Telemarketing Fraud Act (PTFA), which prohibits listing a cell phone number in a directory for commercial purposes without permission, by selling commercial access to thousands of Colorado residents’ personal cell phone numbers.

Specifically, per the suit, Equifax includes phone numbers and other personal information in its BusinessConnect for Marketing, Digital Identity Trust, Marketing Identity Elements, Contact and Locate, TargetPoint Alerts and FirstSearch directories without requesting or receiving consumers’ permission.

Through these products, access to which requires subscriptions, credits or other types of payment, Equifax monetizes people’s personal data for its own gain, either to entice clients to pay for access to its products or to fulfill its obligations to subscribers and customers, the filing alleges. The lawsuit notes that consumer data is one of the most valuable currencies in the modern business landscape, calling it the key pillar of the $26 billion-per-year online advertising industry.

Each person’s private data, the case states, “possesses inherent monetary value.” As consumers become increasingly aware of the economic value of their data, they are willing to pay more for services from companies that are committed to protecting that privacy, the suit says. According to a 2014 survey, 89 percent of consumers avoid doing business with companies they do not believe protect their privacy online, the case relays.

The lawsuit claims Equifax’s alleged sale of Colorado cell numbers “deprives state residents of the ability to enjoy their PTFA privacy rights … [and] of the real, quantifiable value of such data.”

Additionally, the accessibility of “people search sites,” such as those offered by Equifax, makes people’s sensitive personal information readily available to “malicious actors,” the suit alleges, putting many at risk of stalking and other types of harassment, as well as making them easier targets for fraudulent telemarketing, more convincing scams and identity theft.

The Equifax class action lawsuit seeks to represent all Colorado residents who, during the applicable statute of limitations period, had their cell phone numbers listed on one of Equifax’s directory products—which include BusinessConnect for Marketing, Contact and Locate, Digital Identity Trust, FirstSearch, Marketing Identity Elements and TargetPoint Alerts—without their consent.

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