Affinion Group Holdings, Inc., Affinion Group Inc., Affinion Group, LLC, et al.
Documents in this case
- Complaint · · 12 p.
- Stipulation · · 20 p.
- Order · · 1 p.
Case summary
On July 1, 2015, the Bureau filed a complaint against Affinion Group Holdings, Inc., Affinion Group, Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC, along with a proposed stipulated final judgment and order. The defendants are Delaware corporations based in Connecticut or Tennessee, which collectively advertised, sold, and delivered identity theft and credit monitoring products to consumers by establishing marketing and service agreements with banks. The Bureau alleged that defendants engaged in deceptive and unfair acts and practices in violation of the Consumer Financial Protection Act of 2010. On October 27, 2015, the court entered the stipulated final judgment and order. It required defendants to pay $6,756,025 in consumer redress, pay $1,900,000 in civil money penalties, and come into compliance with the law.
Paragraphs 53 and 54 of the order provided that the court retained jurisdiction for “construction, modification, and enforcement” of the order, that the parties can make administrative modifications to certain provisions of the order by agreement, and that any other modifications may be made upon approval of the court by motion of any party. In light of these provisions, on January 27, 2026, several defendants filed a motion to terminate the stipulated final judgment and order and dismiss the case with prejudice, to which the Bureau consented. As set forth in the motion, defendants fully disbursed the consumer redress as required under Section IV of the order, paid the civil money penalty to the Bureau as required under Section V of the order, and to the best of defendants’ knowledge, substantially complied with the other conduct provisions of the order. On February 4, 2026, the court terminated the stipulated final judgment and order and dismissed the case with prejudice.
Complaint ()
PDF of this document (12 pages)
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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
Consumer Financial Protection Bureau,
Plaintiff,
v.
Affinion Group Holdings, Inc., Affinion Group Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC,
Defendants.
Civil Action No.
COMPLAINT
Complaint The Consumer Financial Protection Bureau (“Bureau”) brings this action against Affinion Group Holdings, Inc., Affinion Group, Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC (collectively, “Defendants”) under §§ 1031, 1036, 1054, and 1055 of the Consumer Financial Protection Act of 2010 (“CFPA”), 12 U.S.C. §§ 5531, 5536, 5564, and 5565, to obtain permanent injunctive relief, restitution, disgorgement for unjust enrichment, civil money penalties, and other appropriate relief for Defendants’ acts or practices in violation of the CFPA in connection with their marketing, sales, enrollment, billing, and administration of identity theft protection products sold to customers of partnering financial institutions.
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Jurisdiction and Venue 1.
This Court has subject-matter jurisdiction over this action because it is “brought under Federal consumer financial law,” 12 U.S.C. § 5565(a)(1); presents a federal question, 28 U.S.C. § 1331; and is brought by an agency of the United States, 28 U.S.C. § 1345. 2.
Venue is proper in this district because Defendants do business in this district, and because a substantial part of the events or omissions giving rise to the claims occurred in this district. 28 U.S.C. § 1391(b) and 12 U.S.C. § 5564(f).
Parties 3.
The Bureau is an agency of the United States charged with regulating the offering and provision of consumer financial products and services under Federal consumer financial law. 12 U.S.C. § 5491(a). It has independent litigating authority to enforce the CFPA and Federal consumer financial laws. 12 U.S.C. § 5564.
4.
Trilegiant Corporation (“Trilegiant”) is a Delaware corporation and a wholly-owned subsidiary of Affinion Group, LLC. Trilegiant transacts business in this district and throughout the United States, and is based in Stamford, CT.
5.
Watchguard Registration Services, Inc. (“Watchguard”) is a Delaware corporation and a wholly-owned subsidiary of Trilegiant. Watchguard transacts business in this district and throughout the United States, and is based in Stamford, CT.
6.
Global Protection Solutions, LLC (“GPS”) is a Delaware corporation and a wholly-owned subsidiary of Trilegiant. GPS transacts business in this district and throughout the United States, and is based in Franklin, TN.
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7.
Affinion Group Holdings, Inc. (“AGH”) is a Delaware corporation that transacts business in this district and throughout the United States, and is based in Stamford, CT. It is the parent company of Affinion Group Inc. and is under common control with all Defendants. 8.
Affinion Group Inc. (“AGI”) is a Delaware corporation and a wholly-owned subsidiary of AGH. AGI transacts business in this district and throughout the United States, and is based in Stamford, CT. 9.
Affinion Group, LLC (“AGL”) is a Delaware corporation and a wholly-owned subsidiary of AGI. AGL transacts business in this district and throughout the United States, and is based in Stamford, CT. 10.
Affinion Benefits Group, LLC (“ABG”) is a Delaware corporation and a wholly-owned subsidiary of AGL. ABG transacts business in this district and throughout the United States, and is based in Franklin, TN.
11.
The identity theft protection products offered or provided to customers of partnering financial institutions by Defendants included the following benefits: credit information (credit reports and monitoring), and financial advisory services (Credit Information Hotline service). These benefits are “consumer financial products or services” under the CFPA. 12 U.S.C. § 5481(5); 12 U.S.C. § 5481(15)(A)(i), (viii), (ix). Defendants’ identity theft protection products were offered in connection with these benefits, as well as in connection with credit cards or other consumer financial products or services offered by partnering financial institutions. 12.
Defendants are “covered persons” under the CFPA because they offered or provided consumer financial products or services. 12 U.S.C. § 5481(6).
13.
Defendants are “service providers” under the CFPA. 12 U.S.C. Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 3 of 12
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§ 5481(26)(A).
14.
Defendants are “affiliates” of each other under the CFPA because they control, are controlled by, or are under common control with each other. 12 U.S.C. § 5481(1).
Facts 15.
At all times material to this complaint, Defendants have offered or provided financial advisory services through their Credit Information Hotline service, and analyzed, maintained and provided consumer report information through credit report, credit score, and credit monitoring benefits. These benefits were offered with other identity theft protection benefits as product bundles (Protection Products). 16.
Defendants use codes called PDEF’s to identify specific Protection Product bundles.
17.
The following PDEF’s are defined as “Specified Protection Products”: ITY54, ITY56, PGP120AF, ITY100, PGP151, PGPA60, ITY102, PGP144, ITYSC11, PGPA50, ITY73, PGPA85AF, PGPA86, ITY33, ITY72AF, ITY91AF, ITY70, PGP146AF, PGPA81AF, PGP113, PGP114, PGP124, PGP125, PGP137AF, PGP138, PGP139AF, PGP140, PGP168, PGP170, PGPA53AF, PGPA54AF, and PGPA94AF.
18.
Trilegiant, ABG, GPS, and Watchguard (collectively, the “Affinion Subsidiaries”) advertised, sold and delivered Protection Products to consumers by establishing marketing and service agreements with financial institutions (“Marketing Partners”). 19.
The Affinion Subsidiaries sold Protection Products to the Marketing Partners’ customers in connection with the Marketing Partners’ offer or servicing of a credit card, checking account, or home mortgage loan, or as stand-alone products to the customers of those Marketing Partners. Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 4 of 12
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20.
Consumers enrolling in Protection Products were billed a monthly or annual fee for the cost of their membership until they contacted Defendants to cancel.
21.
Consumers generally paid between $6.95 and $15.99 per month (or an equivalent annualized amount) for Affinion’s Protection Products, which typically were billed directly to the consumer’s credit card account or deposit account.
22.
The Affinion Subsidiaries provided material services to Marketing Partners in connection with the offering or provision of Protection Products by those financial institutions, including by participating in the design, operation, administration, or maintenance of the Protection Products.
23.
AGH, AGI, and AGL provided material services to the Affinion Subsidiaries in connection with the offering or provision of Protection Products, including by participating in the design, operation, administration, or maintenance of the Protection Products. 24.
AGH and AGI shared the same board of directors, which provided oversight for the Affinion Subsidiaries’ Protection Product operations.
25.
AGL provided corporate client marketing services on behalf of the Affinion Subsidiaries.
26.
Defendants conducted the business practices described in this complaint through an interrelated network of companies. 27.
Defendants share common control, ownership, officers, managers, office locations, marketing and advertising. Incoming Telephone Calls Requesting Cancellation 28.
Since at least 2010, Defendants handled telephone calls from Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 5 of 12
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consumers wishing to cancel their Protection Product membership. 29.
Defendants evaluated their employees who handled incoming cancellation calls primarily on their ability to prevent consumers from cancelling the product membership.
30.
Defendants referred to calls in which their employees prevented a consumer from cancelling as “saves.”
31.
Defendants rewarded employees with positive evaluations and bonuses for maintaining a save percentage above a certain threshold. 32.
Defendants’ employees who failed to maintain the minimum threshold were subject to discipline leading up to termination. 33.
During telephone calls in which consumers requested cancellation of their Protection Product membership, Defendants claimed that product credit scores came “from” one or three of the major credit reporting agencies, when those scores were not developed by any of the major credit reporting agencies.
34.
During telephone calls in which consumers requested cancellation of their Protection Product membership, Defendants claimed that its identity theft insurance benefit covered “any” or “all” expenses caused by identity theft. In reality, the Protection Products had material coverage limitations and exclusions and did not cover “any” or “all” identity theft-related expenses.
35.
During telephone calls in which consumers requested cancellation of Protection Products, Defendants claimed that the identity theft insurance benefit covered specific related expenses, such as legal fees, court costs and lost wages. Defendants failed to disclose during the calls that the Protection Products had material coverage limitations and exclusions in connection with those expenses.
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36.
During telephone calls in which consumers requested cancellation of Protection Products, Defendants expressly claimed or implied that the identity theft insurance benefit provided a broader range of coverage than available. Defendants failed to disclose significant coverage exclusions and limitations.
37.
During telephone calls in which consumers requested cancellation of Protection Products, Defendants claimed its Credit Information Hotline service could improve the consumer’s credit score by directly removing inaccurate information from the consumer’s credit reports. In fact, Defendants lacked the ability to directly remove inaccurate information from a consumer’s credit report or ensure improvement to the consumer’s credit score by removal of such inaccurate information. 38.
During telephone calls in which consumers requested cancellation of Protection Products, Defendants emphasized that the fraud liability protection benefit provided $5,000 coverage for unauthorized use of a member’s credit or debit cards. But Defendants failed to disclose that federal law significantly limited the amount of liability a consumer could actually incur for unauthorized use of their credit or debit cards. 39.
Defendants’ misrepresentations and omissions relating to Protection Product benefits during retention calls resulted in a significant overstatement of product value.
Credit Information Billing Practices 40.
From at least July 2, 2010 through August 20, 2012, Defendants and their Marketing Partners enrolled consumers in Protection Products with benefits that purported to provide the consumers with credit monitoring, credit report retrieval, or both. 41.
To access the consumers’ credit files at the major credit Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 7 of 12
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reporting agencies so as to provide these benefits, Defendants needed the consumer’s written authorization, which in turn authorized the credit reporting agencies to release the credit information to Defendants under the Fair Credit Reporting Act, 15 U.S.C. § 1681b(a)(2). 42.
For consumers who enrolled over the telephone, Defendants and their Marketing Partners attempted to obtain the consumer’s written authorization after the enrollment call by mail. 43.
In many cases, however, significant time elapsed before Defendants or their Marketing Partners obtained the consumer’s authorization, or Defendants or their Marketing Partners never obtained the consumer’s authorization at all.
44.
Defendants and their Marketing Partners billed numerous Specified Protection Product consumers the full product fee despite not receiving the consumer’s written authorization and not providing full credit monitoring or credit report retrieval services. 45.
Even when they had obtained the consumer’s written authorization, Defendants and their Marketing Partners often failed to deliver full credit monitoring and credit report retrieval services in certain circumstances, including when the consumer’s personal information did not match the information on file at one or more of the credit reporting agencies, when the consumer did not have a credit file at one or more of the credit reporting agencies, or when Defendants unilaterally withheld services when they determined the consumer lacked sufficient credit history to warrant activation of credit monitoring or credit report retrieval services. 46.
Defendants and their Marketing Partners billed the full product fee to Specified Protection Product members who were not receiving full credit monitoring or credit report retrieval services in those circumstances. Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 8 of 12
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47.
For consumers enrolled in Specified Protection Products between July 2, 2010 and August 20, 2012, Defendants and their Marketing Partners billed full product fees to at least 73,000 accounts when Defendants and their Marketing Partners failed to provide the full credit monitoring or credit report retrieval services offered, and failed to provide corresponding refunds.
Count I (Violations of CFPA’s Prohibition of Deceptive Acts or Practices) 48.
The Bureau incorporates by reference the allegations of ¶¶ 1-47. 49.
In numerous instances, in connection with transactions with consumers for a consumer financial product or service, or the offering of a consumer financial product or service, Defendants misrepresented, directly or by implication, during telephone calls with consumers attempting to cancel their Protection Product memberships: a. that the credit score benefit provided came “from” one or all three major credit reporting agencies;
b. that the identity theft insurance benefit provided covered “any” or “all” expenses caused by identity theft; c. that the identity theft insurance benefit provided covered specific related expenses, such as legal fees, court costs and lost wages, without disclosing material coverage limitations and exclusions;
d. that the identity theft insurance benefit provided a broader range of coverage than actually available; e. that the Credit Information Hotline benefit would improve the consumer’s credit score by directly removing inaccurate information from the consumer’s credit reports; and Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 9 of 12
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f. that the fraud liability protection benefit included $5,000 coverage for unauthorized use of credit or debit cards without disclosing material information that would convey to consumers that their potential individual liability for unauthorized use of credit or debit cards was much less than what Defendants suggested.
50.
The representations set forth in ¶ 49 were false or misleading and were material to consumer decisions to eschew cancelation of their product membership. Defendants’ acts and practices are deceptive under the CFPA. Because each Defendant is a “covered person” or “service provider,” their conduct is unlawful under §§ 1031(a) and 1036(a)(1) of the CFPA. 12 U.S.C. §§ 5531(a), 5536(a)(1).
Count II (Violations of CFPA Prohibition of Unfair Acts or Practices) 51.
The Bureau incorporates by reference the allegations of ¶¶ 1-50. 52.
In numerous instances, in connection with transactions with consumers for a consumer financial product or service, or the offering of a consumer financial product or service, Defendants billed consumers for full Specified Protection Product fees while failing to provide full credit monitoring or credit report retrieval services. 53.
These acts and practices caused or were likely to cause substantial injury to consumers. This injury was not reasonably avoidable by consumers and is not outweighed by countervailing benefits to consumers or to competition.
54.
Defendants’ acts and practices are unfair under the CFPA. Because each Defendant is a “covered person” or “service provider,” their Case 5:15-cv-01005 Document 1 Filed 07/01/15 Page 10 of 12
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conduct is unlawful under §§ 1031(a) and 1036(a)(1) of the CFPA. 12 U.S.C. §§ 5531(a), 5536(a)(1).
Request for Relief 55.
The Bureau requests that the Court:
a. permanently enjoin Defendants from committing future violations of the CFPA;
b. award such relief as the Court finds necessary to redress injury to consumers resulting from Defendants’ violations of the CFPA, including, but not limited to, rescission or reformation of contracts, the refund of moneys paid, restitution, disgorgement or compensation for unjust enrichment, and payment of damages;
c. award Plaintiff civil money penalties; and d. award Plaintiff the costs of bringing this action, as well as such other and additional relief as the Court may determine to be just and proper.
Dated: July 1, 2015 Respectfully submitted,
Anthony Alexis Enforcement Director
Deborah Morris Deputy Enforcement Director
Michael G. Salemi Assistant Litigation Deputy
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Genessa Stout, Fed. Bar No. phv07530 Irfan M. Murtuza, Fed. Bar No. phv07531 Charles R. Gayle, Fed. Bar No. phv07532 Enforcement Attorneys [email protected] [email protected] [email protected] 202-435-7920 (Stout) 202-435-7965 (Murtuza) 202-435-9555 (Gayle) 202-435-7722 (Facsimile)
Consumer Financial Protection Bureau 1700 G Street, NW Washington, DC 20552
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Stipulation ()
PDF of this document (20 pages)
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Exhibit A Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 1 of 20
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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
Consumer Financial Protection Bureau,
Plaintiff,
v.
Affinion Group Holdings, Inc., Affinion Group Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC,
Defendants.
STIPULATED FINAL JUDGMENT AND ORDER
STIPULATED FINAL JUDGMENT AND ORDER
Plaintiff, the Consumer Financial Protection Bureau (“Bureau”) commenced this civil action against Defendants Affinion Group Holdings, Inc., Affinion Group, Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC (collectively, “Defendants”) on July 1, 2015, to obtain injunctive relief, redress, and civil money penalties. The Complaint alleges violations of §§ 1031(a) and 1036(a)(1) of the Consumer Financial Protection Act of 2010 (“CFPA”), 12 U.S.C. §§ 5531(a), 5536(a)(1).
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Plaintiff and Defendants request that the Court enter this Stipulated Final Judgment and Order (“Order”).
FINDINGS 1.
This Court has jurisdiction over the parties and the subject matter of this action.
2.
Plaintiff and Defendants agree to entry of this Order, without adjudication of any issue of fact or law, to settle and resolve all matters in this dispute arising from the conduct alleged in the Complaint to the date this Order is entered.
3.
Defendants neither admit nor deny any allegation in the Complaint, except as stated in this Order. For purposes of this Order, Defendants admit the facts necessary to establish the Court’s jurisdiction over Defendants and the subject matter of this action. 4.
Defendants waive service under Rule 4(d) of the Federal Rules of Civil Procedure and waive all rights to seek judicial review or otherwise challenge or contest the validity of this Order. Defendants also waive any claim they may have under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action to the date of this Order. Each party will bear its own costs and expenses, including without limitation attorneys’ fees.
5.
Entry of this Order is in the public interest.
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DEFINITIONS 6.
The following definitions apply to this Order: a.
“Affected Consumer” means a consumer that enrolled in a Specified Protection Product between July 2, 2010 and August 20, 2012.
b.
“Board” means each of the Defendants’ duly-elected and acting Boards of Directors.
c.
“Defendants” means Affinion Group Holdings, Inc., Affinion Group, Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC and any successors or assigns.
d.
“Effective Date” means the date on which the Order is entered on the docket.
e.
“Enforcement Director” means the Assistant Director of the Office of Enforcement for the Consumer Financial Protection Bureau, or his delegate. f.
“Financial Institution” means an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. § 1813(h)); a commercial bank or trust company; a private banker; an agency or branch of a foreign bank in the United States; any credit union; a thrift institution; an issuer, Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 4 of 20
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redeemer, or cashier of travelers’ checks, checks, money orders, or similar instruments; an operator of a credit card system; a loan or finance company; or any business or agency which engages in activity which is similar to, related or a substitution for activity in which any business described in this is authorized to engage.
g.
“Protection Product” means a consumer financial product or service, as defined by § 1002(5) of the CFPA, 12 U.S.C. § 5481(5), that includes at least one feature relating to credit reports, credit monitoring, credit scores, or identity fraud assistance, and was sold to the customers of a Financial Institution, and serviced directly or indirectly by the Defendants.
h.
“Related Consumer Action” means a private action by or on behalf of one or more consumers or an enforcement action by another governmental agency brought against Defendant based on substantially the same facts as described in this Order or the Complaint.
i.
“Relevant Period” means July 2, 2010 until August 20, 2012.
j.
“Specified Protection Product” means a Protection Product identified in ¶ 17 of the Complaint. Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 5 of 20
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ORDER
IT IS ORDERED that:
I.
Conduct Prohibition 7.
Under §§ 1053 and 1055 of the CFPA, Defendants and its officers, agents, servants, employees, and attorneys who have actual notice of this Order, whether acting directly or indirectly, may not violate §§ 1031 and 1036 of the CFPA, 12 U.S.C. §§ 5531 and 5536. 8.
Defendants must take reasonable measures to ensure that Defendants and service providers, affiliates, and other agents of Defendants do not violate §§ 1031 and 1036 of the CFPA 12 U.S.C. §§ 5531 and 5536, regarding the billing and administration of Protection Products. 9.
Defendants may not make, or allow to be made, any material deceptive representation, statement, or omission, expressly or by implication, in connection with the marketing, solicitation, or administration of any Protection Product or during membership retention for such products.
10.
Defendants must correct all alleged violations of law, as described in the Complaint and addressed in this Order and implement procedures to prevent their recurrence.
11.
If a customer enrolled in a Protection Product as of the Effective Date contacts Defendants and requests to cancel the customer’s Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 6 of 20
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membership in a Protection Product, Defendants will immediately cancel the Protection Product and will not make any rebuttal or other attempt to persuade the customer to retain the Protection Product. 12.
Defendants will immediately begin efforts to comply with this Section, but detailed steps for fully addressing the restrictions and requirements of this Section, and specific timeframes and deadlines for implementing the restrictions and requirements of this Section will be set forth in the Compliance Plan described in § II. II.
Compliance Plan 13.
Within 90 days of the Effective Date, Defendants must submit to the Enforcement Director for review and determination of nonobjection a comprehensive compliance plan designed to ensure that Defendants’ practices that relate to Protection Products complies with all applicable Federal consumer financial laws and the terms of this Order (“Compliance Plan”). The Compliance Plan must include, at a minimum: a.
Detailed steps for addressing each action required by this Order; and b.
Specific timeframes and deadlines for implementation of the steps described above.
14.
The Enforcement Director will have the discretion to make a determination of nonobjection to the Compliance Plan or direct the Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 7 of 20
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Defendants to revise it. If the Enforcement Director directs the Defendants to revise the Compliance Plan, the Defendants must make the revisions and resubmit the Compliance Plan to the Enforcement Director within 45 days. 15.
After receiving notification that the Enforcement Director has made a determination of nonobjection to the Compliance Plan, the Defendants must implement and adhere to the steps, recommendations, deadlines, and timeframes outlined in the Compliance Plan. III.
Role of the Board 16.
The Board must review all submissions required by this Order before the materials are submitted to the Bureau. 17.
Although this Order requires the Defendants to submit certain documents for the review or nonobjection by the Enforcement Director, the Board will have the ultimate responsibility for proper and sound management of Defendants and for ensuring that Defendants comply with Federal consumer financial law and this Order. 18.
In each instance that this Order requires the Board to ensure adherence to, or perform certain obligations of the Defendants, the Board must:
a.
Authorize whatever actions are necessary for Defendants to fully comply with the Order;
b.
Require timely reporting by management to the Board on the status of compliance obligations; and Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 8 of 20
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c.
Require timely and appropriate corrective action to remedy any material noncompliance with any failures to comply with Board directives related to this Section. 19.
The Board may delegate all obligations in § III to a Compliance Committee comprised of at least three or more Board members, of which a majority may not be employees or officers of the Defendants or any of their subsidiaries.
IV.
Monetary Provisions 20.
Within 10 days of the Effective Date, Defendants must reserve $6,756,025 for the purpose of providing restitution to Affected Consumers. 21.
Within 90 days of the Effective Date, Defendants must submit to the Enforcement Director for review and nonobjection a comprehensive written plan for providing redress consistent with this Order (“Redress Plan”). The Enforcement Director will have the discretion to make a determination of nonobjection to the Redress Plan or direct the Defendants to revise it. If the Enforcement Director directs the Defendants to revise the Redress Plan, the Defendants must make the revisions and resubmit the Redress Plan to the Enforcement Director within 30 days. After receiving notification that the Enforcement Director has made a determination of nonobjection to the Redress Plan, the Defendants must implement and adhere to the steps, recommendations, deadlines, and timeframes outlined in the Redress Plan.
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22.
Redress will be paid to Affected Consumers who were billed for the Specified Protection Products and did not receive credit monitoring or credit report retrieval services because of a lack of authorization or service delivery issues. Defendants will refund the full amount of fees paid by the Affected Consumer while the Affected Consumer did not receive full credit monitoring or credit report retrieval services. Redress will not be provided to Affected Consumers if it is not possible to determine the specific cause of any temporary nonreceipt of credit monitoring or credit report retrieval services. In addition, an Affected Consumer will be deemed to have received benefits if such benefits could be accessed online or web-enabled, or if partial monitoring was received and the Affected Consumer was notified of the partial receipt.
23.
After completing the Redress Plan, if the amount of redress provided to Affected Consumers is less than $6,756,025, within 90 days of the completion of the Redress Plan, Defendants must pay to the Bureau, by wire transfer to the Bureau or to the Bureau’s agent, and according to the Bureau’s wiring instructions, the difference between the amount of redress provided to Affected Consumers and $6,756,025. 24.
Within 90 days of completing the Redress Plan, Defendants will submit to the Enforcement Director a report with an assessment of its compliance with the terms of the Redress Plan (“Redress Report”). The Redress Report will:
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a.
Describe the methodology used to determine the population of Affected Consumers who received redress under this Order and as described in the Redress Plan; b.
State the total number of Affected Consumers to whom Defendants provided redress;
c.
State the total amounts reimbursed to Affected Consumers;
d.
Describe the procedures used to issue and track redress payments to Affected Consumers; and e.
Describe the work of independent consultants that Defendants used, if any, to assist and review its execution of the Redress Plan.
25.
If the Bureau determines, in its sole discretion, that further redress to consumers is wholly or partially impracticable, or if funds remain after additional redress is completed, those remaining funds will be deposited in the U.S. Treasury as disgorgement. The Defendants will have no right to challenge any actions that the Bureau or their representatives may take under this Paragraph.
26.
Defendants may not condition the payment of redress to any Affected Consumer under this Order on that Affected Consumer waiving any right.
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27.
For any Affected Consumer that receives redress as a credit that decreases the existing balance or charged-off balance, Defendants must, as permitted by law, report the updated balance to each credit bureau to which Defendants had previously furnished balance information for the account or delete the account tradeline if the updated balance is zero dollars or less. V.
Civil Money Penalties 28.
Under § 1055(c) of the CFPA, 12 U.S.C. § 5565(c), by reason of the alleged violations of law described in the Complaint, and taking into account the factors in 12 U.S.C. § 5565(c)(3), a judgment for a civil money penalty is entered in favor of the Bureau and against Defendants, jointly and severally, in the amount of $1,900,000.
29.
Within 20 days of the Effective Date, Defendants must pay the civil money penalty by wire transfer to the Bureau or to the Bureau’s agent in compliance with the Bureau’s wiring instructions. 30.
The civil money penalty paid under this Order will be deposited in the Civil Penalty Fund of the Bureau as required by § 1017(d) of the CFPA, 12 U.S.C. § 5497(d).
31.
Defendants must treat the civil money penalty paid under this Order as a penalty paid to the government for all purposes. Regardless of how the Bureau ultimately uses those funds, Defendants may not: Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 12 of 20
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a.
Claim, assert, or apply for a tax deduction, tax credit, or any other tax benefit for any civil money penalty paid under this Order; or b.
Seek or accept, directly or indirectly, reimbursement or indemnification from any source, including but not limited to payment made under any insurance policy, with regard to any civil money penalty paid under this Order.
32.
To preserve the deterrent effect of the civil money penalty in any Related Consumer Action, Defendants may not argue that Defendants are entitled to, nor may Defendants benefit by, any offset or reduction of any compensatory monetary remedies imposed in the Related Consumer Action because of the civil money penalty paid in this action (“Penalty Offset”). If the court in any Related Consumer Action grants such a Penalty Offset, Defendants must, within 90 days after entry of a final order granting the Penalty Offset, notify the Bureau, and pay the amount of the Penalty Offset to the U.S. Treasury. Such a payment will not be considered an additional civil money penalty and will not change the amount of the civil money penalty imposed in this action.
VI.
Additional Monetary Provisions 33.
In the event of any default on Defendants’ obligation to make payment under this Order, interest, computed under 28 U.S.C. § 1961, as amended, will accrue on any outstanding amounts not paid from the date of Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 13 of 20
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default to the date of payment, and will immediately become due and payable.
34.
Defendants must relinquish all dominion, control, and title to the funds paid or to be paid under this Order to the fullest extent permitted by law and no part of the funds may be returned to Defendants. 35.
Under 31 U.S.C. § 7701, Defendants must furnish to the Bureau their taxpayer identifying numbers, which may be used for purposes of collecting and reporting on any delinquent amount arising out of this Order. 36.
Within 30 days of the entry of a final judgment, consent order, or settlement in a Related Consumer Action, Defendants must notify the Enforcement Director of the final judgment, consent order, or settlement in writing. That notification must indicate the amount of redress, if any, that Defendants paid or are required to pay to consumers and describe the consumers or classes of consumers to whom that redress has been or will be paid.
VII.
Reporting Requirements 37.
Defendants must notify the Bureau of any development that may affect compliance obligations arising under this Order, including but not limited to, a dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor company; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order; the filing of any bankruptcy or insolvency Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 14 of 20
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proceeding by or against Defendants; or a change in Defendants’ name or address. Defendants must provide this notice at least 30 days before the development or as soon as practicable after the learning about the development, whichever is sooner.
38.
Within 30 days of the Effective Date, Defendants must: a.
Designate at least one telephone number and email, physical, and postal address as points of contact, which the Bureau may use to communicate with Defendants; b.
Identify all businesses for which any Defendant is the majority owner, or that a Defendant directly or indirectly controls, by all of their names, telephone numbers, and physical, postal, email, and Internet addresses; c.
Describe the activities of each such business, including the products and services offered, and the means of advertising, marketing, and sales.
39.
Defendants must report any change in the information required to be submitted under ¶ 37 at least 30 days before the change or as soon as practicable after the learning about the change, whichever is sooner. 40.
Within 120 days of the Effective Date, and again one year after the Effective Date, Defendants must submit to the Enforcement Director an Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 15 of 20
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accurate written compliance progress report that has been approved by the Board, which, at a minimum:
a.
Describes in detail the manner and form in which Defendants have complied with this Order; and b.
Attaches a copy of each Order Acknowledgment obtained under § VIII, unless previously submitted to the Bureau. VIII.
Order Distribution and Acknowledgment 41.
Within 90 days of the Effective Date, Defendants must deliver a copy of this Order to each of its Board members and executive officers, as well as to any managers, or service providers who have responsibilities related to Protection Products. Defendants must deliver a copy of this Order or a summary of this Order, as to which the Enforcement Director has made a determination of nonobjection, to employees or other agents and representatives who have responsibilities related to Protection Products. 42.
For 5 years from the Effective Date, Defendants must deliver a copy of this Order to any business entity resulting from any change in structure referred to in § VII, any future Board members and executive officers, as well as to any managers and service providers, who will have responsibilities related to Protection Products before they assume their responsibilities. Defendants must deliver a copy of this Order or a summary of this Order (as described in ¶ 41), to employees of any business entity Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 16 of 20
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resulting from any change in structure referred to in § VII, or other agents and representatives of such an entity, who will have responsibilities related to Protection Products.
43.
Defendants must secure a signed and dated statement acknowledging receipt of a copy or the summary of this Order described in ¶ 41, ensuring that any electronic signatures comply with the requirements of the E-Sign Act, 15 U.S.C. § 7001 et seq., within 90 days of delivery, from all persons receiving a copy or summary of this Order under this Section. IX.
Recordkeeping 44.
Defendants must maintain for at least 5 years from the Effective Date all documents and records necessary to demonstrate full compliance with each provision of this Order, including all submissions to the Bureau. 45.
Defendants must retain the documents related to the compliance report described in ¶ 44 for at least 5 years. 46.
Defendants must make the documents identified in ¶ 44 available to the Bureau upon the Bureau’s request. X.
Notices 47.
Unless otherwise directed in writing by the Bureau, Defendants must provide all submissions, requests, communications, or other documents relating to this Order in writing, with the subject line, “In re Affinion Group Holdings, Inc. Matter No. 2012-0110-02” and send them to:
Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 17 of 20
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Assistant Director for Enforcement Consumer Financial Protection Bureau ATTN: Office of Enforcement 1700 G Street, NW Washington, DC 20552
XI.
Cooperation with the Bureau 48.
Defendants must cooperate fully to help the Bureau determine the identity and location of, and the amount of injury sustained by, each Affected Consumer. Defendants must provide such information in its or its agents’ possession or control within 30 days of receiving a written request from the Bureau.
49.
Defendants must cooperate fully with the Bureau in this matter and in any investigation related to or associated with the conduct described in the Complaint. Defendants must provide to the Bureau truthful and complete information, evidence, and testimony. Defendants must appear for interviews, discovery, hearings, trials, and any other proceedings that the Bureau may reasonably request upon 10 days written notice, or other reasonable notice, at such places and times as the Bureau may designate, without the service of compulsory process. XII.
Compliance Monitoring 50.
Within 30 days of receipt of a written request from the Bureau, Defendants must submit compliance reports or other requested Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 18 of 20
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information, which must be made under penalty of perjury; provide sworn testimony; or produce documents.
51.
Defendants must permit Bureau representatives to interview any employee or other person affiliated with Defendants who have agreed to such an interview regarding the subject matter or compliance of this Order. The person interviewed may have counsel present. 52.
Nothing in this Order will limit the Bureau’s lawful use of civil investigative demands under 12 C.F.R. § 1080.6 or other compulsory process.
XIII.
Retention of Jurisdiction 53.
The Court will retain jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. 54.
Notwithstanding the provisions of ¶ 53, any time limits for performance fixed by this Order may be extended by mutual written agreement of the parties and without further Court approval. Additionally, details related to administration of §§ VII through XII of this Order may be modified by written agreement of the parties and without further Court approval. Any other modifications to this Order may be made only upon approval of the Court, upon motion by any party. XIV.
Release 55.
The Bureau releases and discharges Defendants from all potential liability for law violations that the Bureau has or might have Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 19 of 20
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asserted based on the practices alleged in the Complaint, to the extent such practices occurred before the Effective Date and the Bureau knows about them as of the Effective Date. The Bureau may use the practices alleged in the Complaint in future enforcement actions against Defendant or its affiliates to establish a pattern or practice of violations or the continuation of a pattern or practice of violations or to calculate the amount of any penalty. This release does not preclude or affect any right of the Bureau to determine and ensure compliance with this Order, or to seek penalties for any violations of this Order.
IT IS SO ORDERED.
DATED this ___ day of ______________, 2015.
______________________________ United States District Court Judge Case 5:15-cv-01005 Document 2-1 Filed 07/01/15 Page 20 of 20
Order ()
PDF of this document (1 pages)
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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Consumer Financial Protection Bureau, Plaintiff, v.
Affinion Group Holdings, Inc., Affinion Group Inc., Affinion Group, LLC, Affinion Benefits Group, LLC, Trilegiant Corporation, Watchguard Registration Services, Inc., and Global Protection Solutions, LLC, Defendants.
Case No. 15-cv-01005 ORDER ORDER The Defendants through their relevant successors in interests (herein “Defendants”), having moved the Court to terminate the Consent Order and dismiss this matter with prejudice, the Consumer Financial Protection Bureau indicating its consent, and the Court being sufficiently advised, IT IS HEREBY ORDERED that, with the consent of the Consumer Financial Protection Bureau and Defendants, the Stipulated Final Judgment and Order in this case is TERMINATED and this case is DISMISSED WITH PREJUDICE. Hon. Victor A. Bolden United States District Court Judge /s/ Victor A. Bolden Case 3:15-cv-01005-VAB Document 46 Filed 02/04/26 Page 1 of 1