Experian vs. LifeLock Lawsuit

VS.
by Doug Pollack

The Red Tape Chronicles yesterday reported on a recently-filed lawsuit by Experian, a major US credit bureau, against Lifelock. This lawsuit represents the first "shot across the bow" for vendors of credit services that rely on placing continuous fraud alerts on consumer accounts with the credit bureaus.

About.com's identity theft site defines a fraud alert as a "flag that is put on your credit report through the consumer reporting agencies. This flag establishes that as part of any credit approval process, you need to be notified."

Lifelock's consumer service, which they tout as providing guaranteed protection against identity theft, relies solely on the setting of fraud alerts to provide consumers with the stated protection. The Experian lawsuit brings into question the efficacy of fraud alerts as a means to prevent identity theft.

The Red Tape Chronicles article highlights that a key assertion of the lawsuit is that LifeLock is using deceptive advertising practices and making misleading claims in order to persuade consumers to subscribe to their service. The article notes that the "credit bureau Experian is suing the identity theft prevention firm LifeLock, accusing it of deception and fraud in its familiar advertising campaign, which includes a spot in which CEO Todd Davis reveals his Social Security number and then brags about the effectiveness of the company’s protections. In the lawsuit, filed in U.S. District Court on Feb. 13, Experian contends that LifeLock's advertising is misleading and that the firm is breaking federal law in the way it goes about protecting consumers."

The Experian lawsuit also brings into question the legality associated with firms placing fraud alerts on behalf of consumers. The Red Tape Chronicles article notes that "Experian contends that LifeLock's chief ID theft prevention tool -- the placing of continuous fraud alerts on consumers' credit files – is illegal because, under the Fair Credit Reporting Act, fraud alerts can only be requested by the individual consumer or an individual acting on behalf of the consumer."

ID Safeguards provides corporations and consumers with identity theft services. Among these services are those that assist victims of identity theft with recovery of their identities taking a "fully managed" approach to recovery. Coincidentally, the company has handled identity theft recovery efforts for numerous LifeLock members who became victims of identity theft, despite the placement of fraud alerts by LifeLock.

The fact that LifeLock members do fall victim to identity theft should not be surprising. Fraud alerts do not prevent an identity thief from co-opting and using one of your credit cards. They also don't prevent someone from using your social security number to work. They further don't prevent thieves from signing up for utilities of telecommunications services using your identity. And they don't stop someone from using your personal information to get access to health care services.

Fraud alerts also don't prevent inquires for credit from showing up on a victims credit report. These "little dings" can have a detrimental effect on an person's credit score. Fraud alerts do have their place in dealing with a threat to your financial identity, but they are not a silver bullet and certainly are not a guarantee that individuals won't fall victim to identity theft.