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Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
credit reports, fraud alert

Companies:
experian, lifelock



Lifelock Found To Be Illegally Placing Fraud Alerts On Credit Profiles

from the oops dept

There are all sorts of questions about Lifelock, the company that claims to help protect you from identify theft. There were the stories that the founders of the company had previously been involved in identity fraud operations. And, of course, there's the whole issue with the company's CEO becoming a victim of identity fraud, while out promoting the service, by happily displaying his social security number in ads. In response to this, rather than letting the police handle the situation, the CEO hunted down the guy who impersonated him with a camera crew and coerced a "confession" out of the guy. This basically ruined the police investigation and they gave up prosecuting the case, saying that the evidence was tainted. Oh yeah, and there's the matter of the class action lawsuit against the company from customers who realized that Lifelock doesn't do much to actually prevent identity theft.

However, it's still surprising to find out that a court has ruled that Lifelock's fraud alert services are illegal. The lawsuit was brought by Experian, one of the big credit rating agencies, complaining that Lifelock abuses the fraud alert process. By law, the credit ratings agencies need to agree to put a free fraud alert on an account at the request of the account holder if they feel they're at risk of identity fraud. The alert requires anyone trying to open a new line of credit to first confirm with the customer before being able to extend the line of credit (basically, if someone tries to open a new credit card, the cardholder gets a call to make sure they really wanted it).

This is a free service, which lasts for 3 months -- at which point you need to proactively renew it. One of Lifelock's services is putting that alert on your accounts and promptly renewing it when the 3 months are up. Even though anyone can set their own up for free, for some people it's worth paying Lifelock to manage that process. Experian claimed it was an abuse, well beyond what the law was intended for, and that it was costing the company a ton of money to manage all of these requests. The judge agreed, noting that the lawmakers did not appear to intend for individuals to have middlemen place and manage fraud alerts.

While I'm somewhat skeptical of Lifelock, the idea that a company can't manage such alerts for an individual seems somewhat silly and counterproductive. The issue, though, probably isn't so much with the ruling, but with the law. Perhaps Congress should simply fix it and make it clear that if you want to pay some company to manage such alerts for you, that's perfectly fine.

23 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
advertising, affiliates, google ads, liability

Companies:
lifelock, namesafe



Are Companies Responsible For Actions Of Affiliates?

from the lawsuits-galore dept

Back in May we wrote about how shoe store DSW was suing Zappos over potential trademark infringement done by an affiliate -- and now we've got another similar story. The company NameSafe is suing competitor LifeLock over Google ads that make use of NameSafe's name. While we've seen plenty of lawsuits where Google was incorrectly sued over ads based on competitor search terms, this case actually does seem a little more reasonable on those points: rather than suing Google, NameSafe is suing LifeLock, and NameSafe can probably make a half-decent case that the ads could be seen as confusing or deceptive.

However, where this case gets more interesting is on the question of whether LifeLock is to blame -- or if it's the fault of an affiliate marketer, as LifeLock claims. LifeLock says that it terminated the affiliate's account and also reminded all of its affiliates that this type of activity goes against their reseller agreements. That seems like a reasonable response, but for now the lawsuit against LifeLock continues, which will inevitably raise questions about whether or not a company is responsible for the actions of its affiliates and resellers. It seems like common sense to say no -- that the liability should remain with those who actually did the action -- but we've seen stranger decisions from courts before, so it may not be clear cut here.

17 Comments | Leave a Comment..

 
Scams

Scams

by Mike Masnick


Filed Under:
class action, identity fraud

Companies:
lifelock



Will Lifelock's CEO Get To Be A Part Of The Class Action Lawsuit Against Lifelock?

from the he-could-qualify dept

You may recall the story of Lifelock, the company that heavily advertises its service which charges you $10/month to get services that you can get on your own for free from credit agencies. This is the one where the CEO gives out his Social Security number in every advertisement to show how confident he is in the service. Of course, what he leaves out is that Lifelock failed to stop identity fraud carried out against him (oops). Oh yeah, also the stuff about how the company's founder was being investigated for fraud (and potential identity fraud) at a previous company.

So, it should come as little surprise that some customers of Lifelock aren't particularly pleased with the company and have filed a class action lawsuit against the company, claiming deceptive advertising, and noting that it doesn't really provide much security. One additional nugget of information: the identity fraud against the CEO that we mentioned earlier is just the tip of the iceberg. The CEO's social security number is apparently now widely in use among identity scammers. Well, maybe he'll get some money out of the class action lawsuit, since it appears that he was misled by his own advertising...

32 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Carlo Longino


Filed Under:
identity theft

Companies:
lifelock



Does LifeLock Charge Extra To Coerce Suspected Identity Thieves?

from the smooth-move dept

LifeLock, a company that sells some identity theft protection services that consumers could get for free, got some bad press last month. Not only did it come out that one of the company's founders had allegedly stolen personal information from customers of another business he owned, it was also disclosed that LifeLock's services failed to protect the company's CEO from identity theft. A man in the Dallas area used the CEO's social security number -- which is prominently displayed in LifeLock's marketing materials -- to obtain a $500 loan, and police were waiting to get some subpoenaed information when the CEO took things into his own hands. He showed up at the fraudster's house with a film crew, and apparently coerced a confession out of the guy, who police say is mentally disabled. The confession is legally worthless, and police and prosecutors say it's tainted the case, so they're not going to proceed with their investigation, and have no plans to arrest the suspect. So, it would appear, that not only do LifeLock's anti-identity theft measures not work, the company also manages to bungle the prosecution of identity thieves.

69 Comments | Leave a Comment..

 
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