Western Union, one of the world’s largest money transfer services, is facing claims that it unlawfully shares sensitive customer information. Labaton Keller Sucharow LLP represents individuals alleging that Western Union collects personal data—including names, addresses, Social Security numbers, and other identifiers—from money transfers of $500 or more to or from California, and transmits this information to a third-party database known as the Transaction Record Analysis Center, Inc. (“TRAC”). TRAC, which is operated by a private company called Forcepoint, stores this data and provides law enforcement with access to millions of financial transactions. Critically, law enforcement agencies can search the TRAC database without a subpoena, even when the individuals involved are not suspected of any criminal activity or misconduct.
According to a federal lawsuit, between 2010 and at least 2019, Western Union sent sensitive personal information to Forcepoint and TRAC in response to subpoenas issued by the Arizona Attorney General. However, a 2006 Arizona court ruling—cited by the American Civil Liberties Union (ACLU article)—found that the law the Arizona Attorney General relied on did not permit broad, indiscriminate requests for money transfer records. Western Union also disseminated this information in response to U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), from 2019-2022. However, even though HSI withdrew the summonses, Western Union continued to disclose this information to Forcepoint/TRAC.
Forcepoint/TRAC are not government entities. Privacy advocates are very concerned that the information of millions of law-abiding Americans has been swept up in TRAC’s surveillance network. As reported by the ACLU, the TRAC surveillance program is enormous. According to the minutes of TRAC’s board meetings, 28 different companies, including Western Union, had produced 145 million records to TRAC just in 2021 alone. Law enforcement agencies from New York to Los Angeles have access to TRAC.
Labaton Keller Sucharow LLP is representing Californians who sent money transfers of more than $500 to or from California in the last four years and who had details about their identities and money transfers sent to TRAC/Forcepoint.