Photographs by TARA MOORE NEWSWEEK.COM 17
“I am just really sick
of companies like thisacting like it’s just an,
‘Oh well, oops.’”In a written statement, LexisNexis
spokesperson Jennifer Grigas Rich-
man emphasizes that the company’s
data procedures meet or exceed indus-
try and regulatory requirements. “We
cannot underscore enough our com-
mitment to accuracy,” she says.
But consumer lawyers and privacy
advocates worry the problem with
mixed files and other data errors is
likely to get worse. A Government
Accountability Office report in 2013
noted “a vast increase” in the number
and types of companies that collect
and sell consumer data—often called
data brokers—and suggested Con-
gress consider stronger regulation of
the industry, which includes Lexis-
Nexis. More than five years later, the
regulatory landscape hasn’t changed
much, but the industry has continued
to grow and evolve.
These days, Rapp says, it’s almost
impossible to avoid being tracked by
data brokers—not just LexisNexis. “If
you have a pulse, you have a report,”
he says.
Data brokers “operate in a legal
vacuum” when it comes to many
kinds of consumer data, says Lydia
de la Torre, a data protection law pro-
fessor at Santa Clara University who
has worked with companies includ-ing eBay and PayPal on privacy issues.
Although lawmakers have recently
proposed a series of federal regula-
tions to protect consumers from the
industry, de la Torre isn’t optimistic
any will pass in the near term.WHAT THEY KNOW ABOUT YOU
LexisNexis Risk Solutions compiles
much of its information through
public records, such as documents
from courthouses and government
agencies. Buying a home, getting mar-
ried or registering a business can all
show up in public documents and
your LexisNexis file.
Even if you never do any of those
things, going about your life can still
create a record that LexisNexis can
collect. Going to college, holding a
professional license, having a cell
phone, registering to vote and using
your email to register for a website
are just some of the things that can
also populate your file. According to
the company’s website, it holds 83
billion public records on 282 mil-
lion unique identities—an average
of about 290 records per identity.
It also compiles data from private
sources, according to Richman. For
some reports, these sources include
insurance companies, industry
experts say.
“I’m really surprised if they don’t
know what people had for breakfast,”
says Kristi Kelly, a consumer law
attorney in Fairfax, Virginia, who
has argued several mixed-file cases
against LexisNexis.
Data brokers like LexisNexis are
essentially shopping malls for infor-
mation, according to Ed DeForest,
vice president and senior credit
officer at Moody’s Investors Service.
Companies that offer mortgages,
insurance or other products can
turn to LexisNexis to help determine
a consumer’s risk profile.