Consumers File Consolidated Complaint Against LifeLock, Hagens Berman Announces

Thu Aug 6, 2009 3:19pm EDT
 
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Consumer-rights attorneys demand LifeLock follow court order and halt fraud
alerts




PHOENIX, Aug. 6 /PRNewswire/ -- LifeLock, the Tempe, Arizona-based company
that touts identity-theft-prevention services is the target of a consolidated
lawsuit claiming that the company misrepresented its product, illegally sold
insurance and breached its contracts with customers. 

(Logo: http://www.newscom.com/cgi-bin/prnh/20080317/AQM144LOGO)

The new consolidated complaint combines 13 lawsuits filed against LifeLock in
various jurisdictions and expands the claims against LifeLock, according to
Rob Carey, a partner at Hagens Berman Sobol Shapiro and interim lead counsel
for the consolidated case.  

The lawsuit claims the company defrauds customers by offering services it
cannot legally perform and by touting a $1 million guarantee that consumers
claim is virtually worthless. 

One of the key components of the lawsuit relates to whether LifeLock can
lawfully place fraud alerts for consumers. As interim lead counsel for the
case, Carey demanded that LifeLock cease placing fraud alerts and advise
consumers that the company cannot legally place fraud alerts.  

"A federal judge has already confirmed that LifeLock cannot legally place
fraud alerts," said Carey. "It's time the company shows some respect for the
law, stops placing these alerts and transitions into a more legitimate
business model." 

The ruling on fraud alerts arose from a suit brought against LifeLock in
February 2008 by Experian, one of the major credit reporting agencies. At that
time, the agency stopped accepting and renewing requests from LifeLock to
place fraud alerts. However, LifeLock continued to collect monthly payments
from customers for services, which included fraud alert protection with
Experian.

"We intend to show the court that LifeLock's refusal to notify customers of
its activities or change its practices violates state and federal laws and
demonstrates a clear disregard for its customers," said Leonard Aragon,
another HBSS attorney on the case. 

Many of the new allegations in the consolidated complaint are related to what
the plaintiff's claim is LifeLock's refusal to comply with the Fair Credit
Reporting Act (FCRA). The FCRA says that only an individual can place a fraud
alert and the Act's language clearly excludes corporations, such as LifeLock
from doing so, the complaint states.  
 
"The consolidated complaint is a call for LifeLock to change its business
practices to comply with federal law," said Carey. "LifeLock's customers will
no longer stand for business as usual."  

The suit claims another legal issue with LifeLock is that the $1 million
guarantee is an insurance product that must comply with Arizona Insurance
Code, but LifeLock fails to even attempt to comply with the Insurance Code's
rules and regulations. 
 
The master complaint represents current or past customers of LifeLock, with
the exception of those living in Maryland or West Virginia. 

The lawsuit names several counts against LifeLock, including, violation of the
Arizona Consumer Fraud Act, false and misleading advertising of an insurance
product, unjust enrichment and breach of contract. 

You can view court documents and learn more about this case at
www.hbsslaw.com/Lifelock. Any customers interested in participating in this
lawsuit can contact attorneys through the Web site. 

About Hagens Berman Sobol Shapiro  
Hagens Berman Sobol Shapiro is a nationally recognized class-action and
complex-litigation law firm based in Seattle with offices in Chicago, Boston,
Los Angeles, Phoenix and San Francisco. Among recent successes, HBSS
negotiated a $300 million settlement in the DRAM memory antitrust litigation,
the largest antitrust settlement in U.S. history, recovered $340 million on
behalf of Enron employees, and was part of the leadership team in the $3
billion Visa/MasterCard settlement. In pharmaceutical litigation, the firm's
recent successes include a $350 million settlement with McKesson, more than
$200 million with other parties in drug-pricing litigation, and a $150 million
settlement regarding Lupron.  HBSS represented Washington and 12 other states
against the tobacco industry that resulted in the largest settlement in
history.  For a complete listing of HBSS cases, visit www.hbsslaw.com.

    CONTACTS:
    Rob Carey (602) 840-5900
    Hagens Berman Sobol Shapiro
    Rob@hbsslaw.com

    Mark Firmani (206) 443-9357
    Firmani + Associates Inc.
    Mark@firmani.com






SOURCE  Hagens Berman Sobol Shapiro

Rob Carey of Hagens Berman Sobol Shapiro, +1-602-840-5900, Rob@hbsslaw.com; or
Mark Firmani of Firmani + Associates Inc., +1-206-443-9357, Mark@firmani.com,
for Hagens Berman Sobol Shapiro

 

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