Posted on 04/30/2008 8:58:56 AM PDT by APRPEH
N.J. Class Action Lawsuit Filed Against LifeLock Alleging Deceptive Marketing Regarding Limited Level of Protection Against Identity Theft
NEW BRUNSWICK, N.J., March 31, 2008 /PRNewswire via COMTEX/ -- A class action lawsuit was filed on Friday, March 28 against LifeLock, Inc. and its CEO Richard "Todd" Davis by Dr. Warren Pasternack and his wife, Susan Pasternack, on behalf of themselves as well as all other New Jersey LifeLock subscribers. The Pasternacks allege that LifeLock misled them about the limited level of identity protection the company provides, and failed to warn them about the potential adverse impact those services could have on their credit profiles.
The plaintiffs, who reside in Middlesex County, filed suit in the New Jersey Superior Court in New Brunswick, claiming that they were the victims of Consumer Fraud by virtue of LifeLock's deceptive advertisements. The suit seeks to recover the money subscribers have paid to LifeLock and prohibit the company from continuing to promote its services through its marketing campaign.
LifeLock, which is headquartered in Tempe, Ariz., charges subscribers $10 per month for the services it provides as "the industry leader in the rapidly growing field of Identity Theft Protection." In fact, in its ubiquitous marketing campaign, Davis broadcasts his own social security number on television and radio stations across the country as testimony to his confidence in the services LifeLock claims to provide.
According to the Complaint, however, LifeLock's popular advertisements lull its subscribers into a false sense of security by misrepresenting the level the protection its services provide. To illustrate this point, the Complaint states that as a result of LifeLock's popular advertisements, CEO Davis's identity "was stolen while he was a customer and is, upon information and belief, presently being misappropriated by at least twenty identity thieves." David Paris of Marks & Klein, LLP, Red Bank, N.J., the attorney for the Pasternacks and the proposed class, maintains that LifeLock dramatically overstates the level of protection provided by its primary service -- the placement and constant renewal of fraud alerts on its subscribers' credit profiles.
"While fraud alerts may be effective in limited instances, they certainly cannot provide the comprehensive identity protection that LifeLock deceptively advertises," said Paris. "For instance, fraud alerts cannot stop the use of existing account numbers, and contrary to LifeLock's advertisements, lenders are certainly not required to contact the subscriber before extending credit to a potential identity thief." According to the Complaint, LifeLock also misleads subscribers by advertising its $1 million service guarantee. "Potential LifeLock subscribers are enticed by the 'safety net' of what appears to be a one-million dollar insurance policy against any losses sustained as a result of identity theft," said Paris. "In actuality, once you get beyond the limitations and disclaimers, you find that the guarantee is limited to fixing failures in LifeLock's services and paying third-parties to attempt to restore subscriber losses." Paris added that Marks & Klein plans to file similar actions in New York, Florida, and California for violations of those states' Consumer Protection Laws. LifeLock, which was founded in 2005, presently has approximately 900,000 subscribers across the United States.
SOURCE Marks & Klein, LLP URL: http://www.markslaw.net www.prnewswire.com Copyright (C) 2008 PR Newswire. All rights reserved -0- KEYWORD: New Jersey INDUSTRY KEYWORD: CPR
Listen more closely.
They used to advertise that they would reimburse you up to a Million Dollars for losses from identity theft. Now they advertise a "One Million Dollar Service Guarantee". The fine print will tell you that this is a promise to provide you with up to a million dollars worth of services in order to correct the identity theft, but they do not promise to reimburse your losses, at all.
Some folks, familiar with the old reimbursement guarantee might think that the One Million Dollar Service Guarantee is the same thing. They would be wrong...
Its a case of class lawyer trolls out to make a buck.
Lifeock is aso being sued by Experian for fraud...you see..its illegal for somone other than you to put a fraud alert on your accounts! Besides SS(which only pays one claim per SS#)there is medical IDT,DMV IDT,Financial also!
Most people are aware of the HIPPA laws regarding patient confidentiality,many are not aware of Facta laws, and the New Red-Flag Rule enacted in January 08 about non-public information. There will be criminal and civil penalties for
businesses that are non-compliant in Nov 08! Identity Theft is Serious...and you better do something about it!
I gag every time I have to listen to the "how in the world are you" spew on the endless XM radio ads. If you think mangosteen juice is magical, you can buy a large bottle at Sam's Club. Multi-level marketing to suckers from suckers.
***There is a commercial that states an idenity is stolen every 3 seconds.***
Seems like that’s LifeLock’s commercial, IIRC.
annualcreditreport.com
So where do you think all those illegal aliens that are pouring over the border getting THEIR social security numbers from?
Actually, it’s a case of a bad company getting caught with its’ hands in the consumers wallets! There is only one company out there with resources for mitigation and restoration for IDT victims. I’d be glad to tell you which one if you pm me! No Brag,just Fact!
That comes out to 31 million identities stolen every year.
For the last 15 years, American Express has called me every time a catalog order was placed where the billing and shipping address didn’t match. Twice it was credit card number theft. I thank them profusely every time they call.
This is the usual corrupt shakedown extortion hit, oops I meant class action lawsuit, against an innocent company.
Lifelock provides a fine, needed service.
The scam artists here are the greedy, crooked shysters behind the scenes, who stand to make millions in their final extortion setllement. You and I get phony worthless coupons from the “fix is in” judge.
You need to call “The General”. I keep my SS # in a steel building.
I get hardly any solicitation calls, my junk mail amount is down to almost nothing, and I don't have to remember when to renew those fraud alerts.
For $10.00/month? How can you go wrong?
you’re half right...it is a needed service, but LifeLock only pretends to provide it,hence the lawsuits! DOH!!
No, it’s a hell of a lot more common than that. My daughter worked at a bank during tax season, investigating tax refund loans. She says it’s so easy to do & so prevalent that she very carefully monitors all of her financial account very frequently.
Like most things, LifeLock may be oversold in a sense, but it does provide a service that for some is reasonable. Not everyone wants to be concerned with doing the fraud alert renewals regularly. And they will provide useful assistance in dealing with a theft incident. For some people it is worth $10 a month to have that done for them.
It is ironic that the SS system has not only saddled us with a fraudulent Ponzi Scheme, but has also provided us with a SS number that was never supposed to be used for ID purposes, but now serves as a universal ID number, and left us vulnerable to ID theft.
If you buy a service that doesn’t deliver, is it still a service?? I don’t think so.....
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