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Attorney
General Gansler Reaches Settlement
with LifeLock, Inc.
Identity Theft Protection Provider Agrees to $11 Million for Consumers
BALTIMORE,
MD ( March 9, 2010) - Attorney General Douglas F.
Gansler announced today that his Consumer Protection Division,
along with consumer protection agencies from 34 other states
and the Federal Trade Commission, has reached a settlement
with LifeLock, Inc., a Tempe, Arizona-based identity theft
protection provider, concerning the company’s advertising
practices.
LifeLock sold its identity
theft services through advertisements that claimed its services
were “guaranteed” to protect
consumers’ personal information and prevent criminals from
using that information to open accounts in their names. Some ads
even included CEO Todd Davis’ Social Security number, which
Davis said, showed “how confident I am in LifeLock’s
proactive identity theft protection.” The Attorney General
alleges that LifeLock made a range of deceptive claims in its advertisements
that misled consumers to believe its services were a “proven
solution” that would protect against all forms of identity
theft, including criminal, mortgage and child identity theft.
In a Complaint filed by the Attorney General in the Circuit Court
for Baltimore City, the company was accused of exaggerating the
protection it provided, falsely representing to consumers that
it would reimburse them up to $1 million for their losses if their
identities were stolen while they were LifeLock subscribers, and
misrepresenting the nature of the services it provided to protect
or alert consumers when their personal information had been compromised.
Under the settlement reached with the states and the FTC, LifeLock
is prohibited from misrepresenting that its services:
- Protect against
all types of identity theft;
- Constantly monitor
activity on each of its customers’ consumer
reports;
- Always prompt a
call from a potential creditor before a new credit account
is opened in the customer’s name;
and,
- Eliminate the risk of identity theft.
LifeLock is also prohibited from overstating the risk of identity
theft to consumers, including whether a particular consumer has
become or is likely to become a victim. Past
marketing materials have warned consumers about their heightened
risk of identity theft when LifeLock did not have information
to warrant such a warning.
“Identity theft is a growing threat to consumers,” said
Attorney General Gansler. “Consumers who purchase services
to protect their identities need to be told all of the facts so
that they will not be misled concerning the scope of the protections
that are being offered.”
LifeLock agreed to
pay $11 million in restitution to consumers. The FTC and states
will jointly send letters to eligible consumers,
notifying them of the agreement and how they can opt-in to the
settlement. LifeLock also agreed to pay $1 million to cover the
costs of the states’ investigation. In addition to Maryland,
the states that settled with LifeLock were Alaska, Arizona, California,
Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky,
Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana,
Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota,
Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee,
Texas, Vermont, Virginia, Washington and West Virginia.
Consumers who believe
they have been the victims of identity theft may contact the
Attorney General’s Identity Theft Unit by
calling (410) 576-6491 or visiting the Attorney General’s
Web site at: www.IDTheft@oag.state.md.us
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