LifeLock Identity Theft Company pays $11 million to Federal Trade Commission (FTC)

For Release: 03/09/2010

LifeLock Will Pay $12 Million to Settle Charges by the FTC and 35 States That Identity Theft Prevention and Data Security Claims Were False.

LifeLock, Inc. has agreed to pay $11 million to the Federal Trade Commission and $1 million to a group of 35 state attorneys general to settle charges that the company used false claims to promote its identity theft protection services, which it widely advertised by displaying the CEO’s Social Security number on the side of a truck.

In one of the largest FTC-state coordinated settlements on record, LifeLock and its principals will be barred from making deceptive claims and required to take more stringent measures to safeguard the personal information they collect from customers.

“While LifeLock promised consumers complete protection against all types of identity theft, in truth, the protection it actually provided left enough holes that you could drive a truck through it,” said FTC Chairman Jon Leibowitz.

“This agreement effectively prevents LifeLock from misrepresenting that its services offer absolute prevention against identity theft because there is unfortunately no foolproof way to avoid ID theft,” Illinois Attorney General Lisa Madigan said. “Consumers can take definitive steps to minimize the chances of having their personal information stolen, and this settlement will help them make more informed decisions about whether to enroll in ID theft protection services.”
Since 2006, LifeLock’s ads have claimed that it could prevent identity theft for consumers willing to sign up for its $10-a-month service.

According to the FTC’s complaint, LifeLock has claimed:

“By now you’ve heard about individuals whose identities have been stolen by identity thieves . . . LifeLock protects against this ever happening to you. Guaranteed.”
“Please know that we are the first company to prevent identity theft from occurring.”
“Do you ever worry about identity theft? If so, it’s time you got to know LifeLock. We work to stop identity theft before it happens.”
The FTC’s complaint charged that the fraud alerts that LifeLock placed on customers’ credit files protected only against certain forms of identity theft and gave them no protection against the misuse of existing accounts, the most common type of identity theft. It also allegedly provided no protection against medical identity theft or employment identity theft, in which thieves use personal information to get medical care or apply for jobs. And even for types of identity theft for which fraud alerts are most effective, they do not provide absolute protection. They alert creditors opening new accounts to take reasonable measures to verify that the individual applying for credit actually is who he or she claims to be, but in some instances, identity thieves can thwart even reasonable precautions.

New account fraud, the type of identity theft for which fraud alerts are most effective, comprised only 17 percent of identity theft incidents, according to an FTC survey released in 2007.

The FTC’s complaint further alleged that LifeLock also claimed that it would prevent unauthorized changes to customers’ address information, that it constantly monitored activity on customer credit reports, and that it would ensure that a customer always would receive a telephone call from a potential creditor before a new account was opened. The FTC charged that those claims were false.

In addition to its deceptive identity theft protection claims, LifeLock allegedly made claims about its own data security that were not true. According to the FTC, LifeLock routinely collected sensitive information from its customers, including their social security numbers and credit card numbers. The company claimed:

“Only authorized employees of LifeLock will have access to the data that you provide to us, and that access is granted only on a ‘need to know’ basis.”
“All stored personal data is electronically encrypted.”
“LifeLock uses highly secure physical, electronic, and managerial procedures to safeguard the confidentiality and security of the data you provide to us.”
The FTC charged that LifeLock’s data was not encrypted, and sensitive consumer information was not shared only on a “need to know” basis. In fact, the agency charged, the company’s data system was vulnerable and could have been exploited by those seeking access to customer information.

The FTC and state settlements with LifeLock bar deceptive claims, and prohibit the company from misrepresenting the “means, methods, procedures, effects, effectiveness, coverage, or scope of any identity theft protection service.” They also bar misrepresentations about the risk of identity theft, and the manner and extent to which LifeLock protects consumers’ personal information. In addition, the settlements require LifeLock to establish a comprehensive data security program and obtain biennial independent third-party assessments of that program for twenty years.

The Attorneys General of Alaska, Arizona, California, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, 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 participated in this settlement.

In addition to LifeLock, the FTC complaint named co-founders Richard Todd Davis and Robert J. Maynard, Jr., who will be barred from the same misrepresentations as LifeLock.

The Commission vote to authorize staff to file the complaint and the settlement with LifeLock and Richard Todd Davis was 4-0. The Commission vote to authorize staff to file the settlement with Robert J. Maynard, Jr. was 3-1, with Commissioner J. Thomas Rosch dissenting. The documents were filed in the U.S. District Court for the District of Arizona.

The FTC will use the $11 million it receives from the settlements to provide refunds to consumers. It will be sending letters to the current and former customers of LifeLock who may be eligible for refunds under the settlement, along with instructions for applying. Customers do not have to contact the FTC to be eligible for refunds. Up-to-date information about the redress program can be found at 202-326-3757 and at www.ftc.gov/lifelock.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. Stipulated judgements are for settlement purposes only and do not constitute an admission by the defendant of a law violation. Consent judgments have the force of law when signed by the judge.

In addition to announcing the LifeLock case, the FTC’s Northeast Regional Office sponsored an event to kick off National Consumer Protection week. The goal was to alert consumers to the top complaint categories in the Northeast Region and to arm consumers with the tools to recognize and protect themselves against all types of fraud. Also participating were the Better Business Bureau serving Metropolitan New York, the New York Attorney General’s Office, the New York City Department of Consumer Affairs, and AARP.

The Federal Trade Commission works for the consumer to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, click http://www.ftccomplaintassistant.gov or call 1-877-382-4357. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. For free information on a variety of consumer topics, click http://www.ftc.gov/bcp/consumer.shtm.

MEDIA CONTACT:
Claudia Bourne Farrell
Office of Public Affairs
202-326-2181
STAFF CONTACT:
Maneesha Mithal or David Lincicum
Bureau of Consumer Protection
202-326-2771 or 202-326 2773
(FTC File No. 072-3069)
(Lifelock)

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Top Five Most Ridiculous Lawsuits

Here’s living proof that lawsuits are out of control.

In the Press Release below ILR has announced the top five vote getters of its 1st Annual Most Ridiculous Lawsuit of the Year Poll.

FOR IMMEDIATE RELEASE – December 30, 2009 
Contact: Mark Szymanski 
202-463-5874 

Top Five Most Ridiculous Lawsuits of 2009 Announced
Voters Give Top ‘Honor’ to Lawsuit Brought by Illegal Immigrants Who Sued Rancher for Turning Them Over to U.S. Border Patrol 

WASHINGTON, D.C.—The U.S. Chamber Institute for Legal Reform (ILR) announced today the top five vote getters of its 1st Annual Most Ridiculous Lawsuit of the Year Poll. Nominees were drawn from the monthly Most Ridiculous Lawsuit poll winners, chosen by visitors to FacesofLawsuitAbuse.org, a public awareness campaign Web site that aims to show how abusive lawsuits affect small businesses and average families in very real ways. “

While ridiculous lawsuits may be easy fodder for late-night television hosts, they are no laughing matter for the defendants targeted,” said ILR President Lisa Rickard.

The top five Most Ridiculous Lawsuits of 2009 are: 

5. Neighbor sues woman for smoking in her own home;

4. Double-murderer sues to claim his victims’ classic Chevy pickup; 

3. Holocaust denier sues Auschwitz survivor, alleging memoir contains “fantastical tales;” 

2. Tourist sues hotel, claiming swimming pool got daughter pregnant; 

1. Illegal immigrants sue rancher who stopped them on his property at gunpoint and turned them over to the Border Patrol. 

Links to the news stories about these lawsuits can be found at: http://facesoflawsuitabuse.org/polls-archive/

Throughout the year, the monthly and annual polls collectively received more than 50,000 votes.

ILR seeks to promote civil justice reform through legislative, political, judicial, and educational activities at the national, state, and local levels. 

The U.S. Chamber is the world’s largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

    Caution this video contains anger and foul language.


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A True Story of Identity Theft: Michelle Brown’s Terrifying Experience

[caption id="attachment_259" align="alignleft" width="300" caption="Identity Theft: The Michelle Brown Story"]Id theft is Real and It could happen to you![/caption]

In the time it takes you to read this post, someone could steal your life.

Well, that’s exactly what happens to Michelle Brown. When her personal information is stolen and falls into the wrong hands, Michelle discovers that someone else has taken over her identity and is wreaking total havoc in her world. This is an eye-opening true story they even made a movie about it; Identity Theft: The Michelle Brown Story. We watched it tonight on LMN.tv

Check out this true story on how Identity Theft ruined her life (and all the more terrifying because of it!). It really brings home how terrible this crime can be upon innocent victims.

Based on a true story of Michelle Brown whose identity is stolen by a stranger. Michelle Brown goes into an office one day to fill out a simple rental form, then handed it to the receptionist, she never dreamed that her information would fall into the wrong hands. As Michelle keeps receiving hefty bills for services and merchandise she never purchased, it doesn’t take her long to figure out that someone has stolen her identity, and is determined to take over her life, no matter the cost. But when a warrant is issued for the arrest of the impostor, the real Michelle is wrongly accused. With her life escalating out of control, Michelle must regain her own self to confront her nemesis, and appeal to the U.S. Senate for more concise identity theft laws.

Can you imagine how terrifying this must have been for her? I know if it were me I’d been freaked out. I mean getting arrested for something I had nothing to do with and then have to prove it really wasn’t me is scary.

    Verbal Testimony by Michelle Brown:

U.S. Senate Committee Hearing on the Judiciary Subcommittee on Technology, Terrorism and Goverment Information — “Identity Theft: How to Protect and Restore Your Good Name”
July 12, 2000

Senator Jon Kyl, Chairman
Senator Dianne Feinstein

Mr. Chairman and Members of the Committee,

I am pleased to be in your presence today and I genuinely thank you for the opportunity to elevate the invasive crime known as identity theft. This is a topic that I am unfortunately, intimately familiar with.

My name is Michelle Brown. I am 29 years old and have been working in the disciplined field of international banking for the last 7 years. I am an ambitious and hard-working individual; I’m certain that I am much like any of your cousins, your nieces, your daughters. I believe that I strongly represent any average, respectable citizen of the United States. However, there is one clear-cut issue that separates me from nearly the rest of the population: I have lived and breathed the nightmare of identity theft. I will tell you first-hand, this is a devastation beyond any outsiders’ comprehension, a nearly unbearable burden that no one should ever have to suffer.

Imagine establishing credit at age 17, and building a perfect credit profile over the next 11 years. Imagine working consistently since age 15, helping to finance your education at an accredited University to advance your future success in life. Imagine never having been in trouble with the law. Imagine the violation you would internalize as you realize some vile individual you have never met nor wronged, has taken everything you have built-up from scratch to grossly use and abuse your good name and unblemished credit profile.

That’s precisely what happened to me. I discovered this new blackened reality on January 12, 1999, when a Bank of America representative called me inquiring about the first payment on a brand new truck, which had been purchased just the previous month. I immediately placed fraud alerts on my credit reports, cancelled all credit cards, and even placed a fraud alert on my Driver’s License number. From that day forward, I unearthed the trail of this menace’s impersonation and attempted to work with the current faulty system to protect myself from any further abuse. The system clearly failed me.

To summarize, over a year and a half from January 1998 through July 1999, one individual impersonated me to procure over $50,000 in goods and services. Not only did she damage my credit, but she escalated her crimes to a level that I never truly expected: she engaged in drug trafficking. The crime resulted in my erroneous arrest record, a warrant out for my arrest, and eventually, a prison record when she was booked under my name as an inmate in the Chicago Federal Prison.

The impersonation began with the perpetrator’s theft of my rental application from my landlord’s property management office in January 1998. Immediately, the perpetrator set up cellular service, followed by residential telephone and other utility services, attempted to obtain timeshare financing and department store credit cards, purchased a $32,000 truck, had nearly $5,000 worth of liposuction performed to her body, and even rented properties in my name including signing a year lease. Not only did this person defraud the Department of Motor Vehicles in obtaining a duplicate drivers’ license (with my name and number) in October 1998, but she even presented herself as me with this identification to the DEA and before a federal judge when she was caught trafficking 3,000 pounds of marijuana in May 1999.

She remained a fugitive for almost 6 months while still assuming my name– and was finally turned in by an acquaintance in July 1999.

Months later – in September 1999 – I was stopped at LAX’s Customs after returning from a vacation in Mexico (after she was already in prison). While I explained my innocence to several agents in a stream of tears, and as I attempted to clearly distinguish this Michelle Brown from the “other Michelle Brown” with a criminal record, I was blatantly treated with strong suspicion. I was, as is typical for an identity fraud victim, guilty until proven innocent. I was finally let go after an hour, after the police were called to vouch for me. This situation reinforced my fear that I may be wrongly identified as the criminal, which could end up with my arrest, or worse yet, being taken into custody to serve time in jail. After having seen so many inefficiencies and blatant errors in the system, I feel no assurance nor can I receive any concrete evidence from authorities that this type of insane mix-up would never happen again.

It was tormenting to know someone was in essence living the good life at my expense, and I was left in the dust with the taxing chore of proving my innocence. The restoration of my credit and my good name was a seemingly never-ending process. I was forced to make literally thousands of phone calls, fill out various forms, submit all sorts of documents, and have many documents notarized. Without a doubt, I was entirely consumed with the whole painstaking process. I gained nothing from putting over 500 hours into the chore of restoration; all in all, it was an exhausting waste of a good person’s time and a massive drain on my life and energy. At one point, I even feared my safety after I learned that the perpetrator had previously been linked with a convicted murderer. The whole identity fraud experience was, by far, the darkest, most challenging and terrifying chapter of my life.

I faced many difficulties in clearing my name, and I still face the fear that I will forever be linked with the perpetrator’s criminal record. I have encountered widespread inefficiency and general insensitivity at nearly every turn, and know that there are most definitely not enough dedicated resources and governmental authorities to assist victims and to simplify the burden on the innocent’s life.

Clearly changes need to be made. The Government not only needs to promote initiatives to shorten and simplify restoration of one’s name and credit, but also to facilitate early detection and termination of an abused name, and most importantly, to deter criminals from the lure of such an easy crime by enforcing swift and severe punishment.

I think that Senator Feinstein’s Identity Theft Prevention Act of 2000 is definitely a positive initiative and will put the legislation in the right direction to fight this crime. I support the two corresponding bills and recommend the enforcement of such initiatives.

I came here today because I feel responsible to limit the abuse of other innocent’s names and their lives. I know how terribly tormenting it is to be a victim. I am living proof that identity theft is a very real crime, with very real victims, and true life-altering consequences. It’s astounding that my life-long discipline to be a law abiding citizen, and to have the diligence to establish perfect credit, was reversed so easily, so quickly, simply because I represent the perfect victim in a criminal’s eyes. This crime is clearly on the rise, and no one at this time is completely protected from becoming the next victim.

I realize the scenario of becoming an identity fraud victim seems entirely far-fetched and implausible to many of you. I know the feeling. I was once in your shoes.

I thank you for your time and for the opportunity to present my story and views today. I hope it is clear now that many changes need to effected to the current system to combat this crime and protect victims. This fact is crystal clear in my mind.

Thank you.

Michelle Brown

Source: http://www.privacyrights.org/cases/victim9.htm

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