cancel
Showing results for 
Search instead for 
Did you mean: 

Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

tag
soliloquy
Regular Contributor

Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

Without giving out a lot of information right now, I work for a law firm somewhere and I approached a senior partner today about filing a potential class action lawsuit against Experian for Fair and Deceptive Trade practices amongst other things for its refusal to give us our FICO credit scores while still providing them to lenders. I explained that there are all kinds of "could be" damages that might result from Experian refusing to give us our FICO scores. 

 

That decision, which has yet to be challenged by regulators or lawmakers, conceals from consumers a vital piece of their credit information.

 

The senior partner seems to think that there is a case there but he also says it is a bear to try and battle the credit reporting agencies. He mentioned that there needs to be a minimum number of Plaintiffs to establish a class action lawsuit in this state and so I wanted to see if there is really an interest amongst the general population in suing for your right to find out the credit score.

 

Experian is pretending the FICO is no big deal.

 

"There is no one credit score that all financial institutions use to make decisions, and there is also no one credit score that consumers must use to help them understand and manage their credit," Experian spokeswoman Susan Hensen wrote me in an e-mail. "There are many reputable credit scores on the market that consumers can use to evaluate their creditworthiness before making financial decisions."

 

Experian has been reciting this line of garbage for years.

 

The other issue, of course, is these FAKO scores which Experian chooses to sell instead. When consumers buy credit scores directly from Experian, they're sold what the bureau calls "educational" scores, Experian's PLUS or the VantageScore, a formula cooked up with the other two major bureaus that's gone over like a lead balloon with lenders.

 

So many consumers have been fooled by this gambit, thinking they're getting FICOs when they're not, and they should be made to state clearly that these are NOT FICO scores...

 

Opinions?

 

What are your thoughts?

Message 1 of 23
22 REPLIES 22
Anonymous
Not applicable

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

I like the idea Smiley Happy  Just curious as to what one would have to do in order to participate.

Message 2 of 23
RobertEG
Legendary Contributor

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

Is this only directed at Experian?

Just curious... is this because they cancelled their prior reciprocal agreement with Fair Isaac to provide their scores generated under their scoring agreement with FI back to FI for their sale on their myFICO site?  Apparently, FI did not  contest this termination.  This looks like a hornets nest.

 

Message 3 of 23
ForceMd
Valued Member

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

I agree that there might be a case regarding misrepresenting Plus, Vantage and other scores as FICO scores by the three bureus. They are taking blatant advantage of consumer ignorance.

As much as I hate to say it though, the EX rep has a point. At the end of the day, it is the lender's desicion (not EX or any of the bureu's ) what scoring algarithm they will use to determine consumer credit worthiness. For this reason, EX cannot be held accountable to giving these scores to consumers as they technically have no way of knowing what system a particular lender will use (even though we all know that the use of the FICO is all but gauranteed to be used). It is up to the lender to provide the score/criteria they used and the reasons that a particular credit app was denied. Of course this is just my humble opinioin. I am sure you know a lot better than me. I am in no way familiar with the legalities of the situation, and I am no lawyer. Any thoughts?

Message 4 of 23
soliloquy
Regular Contributor

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

I guess my thought is...Why should lenders be able to learn what our scores are before we do? And why is Experian fighting this issue so steadfastly? Can you survive without a FICO score based on your Experian credit report data? Sure you can. Will it be harder to manage and improve your credit score?

 

You no longer have any idea, before you apply for a mortgage, what kind of interest rate to expect. That's because most mortgage lenders use the middle of your three credit bureau FICO scores to determine rates and terms. Without access to all three FICOs, you can't know what your middle score might be.

 

You're also at a disadvantage if you are dealing with a lender that subscribes to only one bureau.

 

U.S. Lenders that use just one bureau tend to use the one that specializes in their region i.e. for Experian, it's the West and Midwest; Equifax dominates the South and TransUnion the Northeast.

 

It's just unfair AND DECEPTIVE that information gathered specifically about you and used for profit is unavailable to you, yet can affect every area of your life from mortgage to car loan to security system to insurance...

 

Experian is taking advantage of a loophole in federal law that ensures your access to credit scores but fails to specify which  credit scores you should get. The Fair and Accurate Credit Transactions Act acts like all credit scores are the same, when clearly they aren't. They can say all day long that it's up to the lender to pick who they use but they know darn well lenders use FICO scores. If I was a lender, guess which credit report I would pull if I had to pull just one? I'd pull your experian because you probably have no idea what it is and there's a better chance that since you can't pull it, I can make more money off of you. 

 

People who don't know their FICOs are at a distinct disadvantage. They don't know how they're viewed by lenders, so they don't know if they're being quoted appropriate rates or if they have leverage to get a better deal.

Message 5 of 23
soliloquy
Regular Contributor

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

I just had a preliminary conversation with him about it but I will let you know when I find out more. He just wants me to see if there is a real interest before he makes a decision.

Message 6 of 23
ForceMd
Valued Member

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

Thanks for the insight.

 

 I just want to say, that I am just playing devil's advocate here in the intrest of trying to see things from the EX perspective. I, like anyone else, would love the right to be able to obtain all three of my FICO scores. Having said that, I still can't help but take the side of the EX rep again.

        Why, I believe that EX will continue to argue (and they would be right) that by providing you with your credit report, you are recieving exactly the information that the lender is using to determine your elegibility and terms of a loan. Again it is up to each lender to determine how much weight they will place on each area of that report to detremine elegibility. FICO scores, and any other scores for that matter, are simply tools that allow lenders to do some preliminary catigorization quickly. Simply put, if you have negative information reporting in your credit report, then no matter what scoring algorithm is used, the result is likely not to be in your (the consumer's) favor. If you have a clean report, the results are likely to be in your favor. I think that this is the argument that they will use, and objectively, I can't find a good counter argument to this.

Message 7 of 23
ForceMd
Valued Member

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

I just wanted to add that I have far from a prestine report. I have been climbing out from underneath the horrible financial choices I made as a young adult for over 10 years now. I have decent scores now (high 600's - low 700's last I checked) and my last late is 5 yrs old.

Message 8 of 23
soliloquy
Regular Contributor

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

Why, I believe that EX will continue to argue (and they would be right) that by providing you with your credit report, you are recieving exactly the information that the lender is using to determine your elegibility and terms of a loan. 

 

This is only partly true, some lenders do make "preapproval" decisions based on your credit score alone.

Message 9 of 23
chasmith
Valued Contributor

Re: Experian - Unfair and Deceptive Trade Practices (Potential Class Action Lawsuit?)

Experian is one of three CRAs that defacto must be used by any mortgage applicant, because of the secondary market practices.  FICO scores are the defacto standard.  Experian allows FICO score access to mortgage lenders and refuses it to the consumer in an effort to gain market share for Experian's proprietary scoring.  This seems unfair to me, the claim that "There is no one credit score that all financial institutions use"  is absolutely false, only FICO scores are accepted by Fannie, Freddie, and FHA which account for virtually 100% of the mortgage lending market today.

 

So even if not unfair and deceptive across all consumers, a stronger case can be made on impact to mortgage applicants and potential mortgage applicants.

 

Sign me up!

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
Take the FICO Fitness Challenge
Message 10 of 23
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.