Intersections, Inc.
Documents in this case
- Complaint · · 6 p.
- Consent order · · 18 p.
Case summary
CFPB took action against two credit card add-on product vendors – Affinion Group Holdings, Inc., Affinion’s affiliated companies, and Intersections Inc. – for unfairly charging consumers for credit card add-on benefits they did not receive.
Complaint ()
PDF of this document (6 pages)
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FILED
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION 2015 JUL -1 A 1G 38 Consumer Financial Protection Bureau, ) Reprints tea ne ) Petits VE vi Plaintiff, ) 2 ) Civil Action No. / «5 (47> V. ) ) Intersections Inc., ) ) Defendant. ) )
COMPLAINT
The Consumer Financial Protection Bureau (Bureau) alleges the following against
Intersections Inc. (Intersections):
INTRODUCTION
1. The Bureau brings this action under the Consumer Financial Protection
Act of 2010 (CFPA), 12 U.S.C. §§ 5531(a), 5536, 5564, and 5565, based on unfair acts or practices related to the billing and administration of certain identity theft and credit monitoring products, typically sold as add-ons to other consumer financial products and services. The Bureau seeks to obtain permanent injunctive relief, restitution, civil money penalties, and other relief as set forth below.
2. The Bureau previously issued consent orders against some of Intersections’ clients for engaging in unfair acts or practices relating to the billing and administration of Intersections’ products. See, e.g., In re Bank of America, N.A., et al., 11 1, 4(o), 4(t) (2014-CFPB-0004) (finding that Intersections was a service provider to Bank of America). )
JURISDICTION AND VENUE
3. 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.
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4. Venue is proper in this district because Intersections is located, resides, and does 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); 12 U.S.C. § 5564(f).
PARTIES
5. The Consumer Financial Protection Bureau is an independent agency of the United States charged with regulating the offering and provision of consumer financial products and services under Federal consumer financial law, including the CFPA. 12 U.S.C. §§ 5481(14); 5491(a); 5531(a). The Bureau has independent litigating
authority to enforce Federal consumer financial laws. 12 U.S.C. §§ 5564(a), (b).
6. Defendant Intersections, Inc. is a Delaware corporation headquartered in Chantilly, Virginia.
7. Originally founded in 1996 as CreditComm, LLC, Intersections offers identity theft and credit information management solutions, including credit monitoring services, to consumers primarily through its depository institution clients.
8. Intersections “engages in the offering or providing of a consumer financial product or service,” and it is therefore a “covered person” under the CFPA. 12 U.S.C.
8 5481(6).
9. Intersections is also a “service provider” under the CFPA since it provided
a material service to its depository institution clients in connection with the offering or
provision of consumer financial products or services. 12 U.S.C. § 5481(26).
FACTUAL ALLEGATIONS Intersections’ Products
10. Intersections has provided credit monitoring and identity theft services to millions of consumers primarily through direct, indirect, or shared marketing arrangements with approximately 35 depository institution clients. These products were usually ancillary, “add-on” products to other consumer financial products or services, typically credit cards.
11. Although the precise features of its credit monitoring and identity theft products varied by depository institution client, Intersections’ products generally
purported to provide consumers with credit monitoring services from all three major
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credit reporting agencies, access to their credit reports, access to a credit score, email or phone alerts when new credit accounts were opened, and access to phone representatives who could respond to questions about credit reports.
12, Consumers generally paid between $8 and $13 per month for Intersections’ credit monitoring and identity theft products, which typically were billed directly to the consumer’s credit card. The exact price of Intersections’ products varied by depository institution client.
Intersections’ Enrollment Process
13. Intersections’ depository institution clients generally enrolled consumers in Intersections’ products.
14. | Whenenrolling consumers, Intersections or its depository institution clients generally would orally disclose certain terms of enrollment and solicit a consumer’s oral authorization to enroll in the product.
15. After enrollment, the depository institution client would send Intersections a data file that contained the enrolled consumer’s personal information, as well as a recording of each consumer’s purported oral authorization to purchase the Intersections product.
16. Intersections typically had responsibility for maintaining the list of customers to be charged for its identity theft and credit monitoring products, and providing that list to its depository institution clients.
17. Each month, Intersections would send a data file to many of its depository institution clients telling them which consumers to charge for the company’s services. The depository institution, or an entity working on its behalf, would then bill the consumer for Intersections’ product.
18. The depository institutions depended on Intersections to identify which consumers to bill for Intersections’ services.
Service Gaps Related to Intersections’ Enrollment Process
19. | Many consumers signed up for an Intersections product but could not receive the benefits of the product. This was typically caused by, among other things, the failure to obtain valid authorization from the consumer, fraud alerts on a consumer’s credit file preventing Intersections from obtaining information necessary to provide full
product services, or incomplete social security information.
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20. Consumers experiencing these problems often did not receive the full identity theft and credit monitoring services they purchased during the period in which the problem persisted.
21. When Intersections identified an error in a consumer’s enrollment, it could take Intersections anywhere from a few hours to a few years to resolve the issue.
22. Despite these enrollment issues, Intersections billed or instructed its depository institution clients to bill affected consumers for its identity theft and credit monitoring products knowing those consumers were not receiving full product benefits.
23. Asaresult, many consumers paid for Intersections’ products for months or years even though these consumers were not receiving all the service benefits for which they paid.
24. From January 1, 2009 through February 28, 2013, Intersections authorized approximately $32 million in billings for approximately 300,000 consumers
who were experiencing a service gap.
COUNT I (Unfair Acts or Practices)
25. Theallegations in Paragraphs 1 to 24 are incorporated by reference.
26. Intersections caused substantial injury to consumers by causing the consumers to be billed for services that the consumers were not receiving.
27. | Consumers could not reasonably avoid these injuries.
28. Thesubstantial injury to consumers was not outweighed by countervailing benefits to consumers or to competition.
29. Therefore, Intersections engaged in unfair acts or practices in violation of sections 1036(a)(1)(B) and 1031(c)(1) of the CFPA. 12 U.S.C. §§ 5536(a)(1)(B) and 5531(c)(1).
COUNT II (Substantial Assistance to Depository Institution Clients) 30. The allegations in Paragraphs 1 to 24 are incorporated by reference. 31. The CFPA prohibits any person from knowingly or recklessly providing substantial assistance to any covered person in violation of the CFPA’s prohibition on
unfair, deceptive, or abusive conduct. 12 U.S.C. § 5536(a)(3). The CFPA provides that
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any such person “shall be deemed to be in violation of [12 U.S.C. § 5531] to the same extent as the person to whom such assistance is provided.” 12 U.S.C. § 5536(a)(3).
32. Intersections’ depository institution clients were engaged in “offering or providing a consumer financial product or service,” and were therefore “covered persons” under the CFPA. 12 U.S.C. 5481(5), (6), (15)(A)(Giv).
33. Intersections’ depository institution clients billed, either directly or through Intersections, consumers for identity theft and credit monitoring products when those consumers were not receiving full product benefits. This constituted an unfair practice in violation of the CFPA. 12 U.S.C. §§ 5536(a)(1)(B) and 5531(c).
34. Intersections instructed its depository institution clients to bill affected consumers during the period of time when the enrollment problem persisted knowing those consumers were not receiving full product benefits.
35. Intersections knowingly or recklessly provided substantial assistance to these depository institution clients in violation of the provisions of section 1031 of the CFPA in violation of section 1036(a)(3) of the CFPA. 12 U.S.C. § 5536(a)(3).
THE COURT’S POWER TO GRANT RELIEF 36. The CFPA empowers this Court to grant any appropriate legal or equitable relief with respect to violations of Federal consumer financial law, including, without limitation, permanent or temporary injunction, rescission or reformation of contracts, the refund of moneys paid, restitution, disgorgement or compensation for unjust
enrichment, and civil money penalties. 12 U.S.C. § 5565.
PRAYER FOR RELIEF
WHEREFORE, the Bureau requests that the Court:
A. Permanently enjoin Intersections from committing future violations of the CFPA;
B. Order Intersections to pay restitution to consumers harmed by its unlawful conduct;
C. Impose civil money penalties against Intersections;
D. Order Intersections to pay the Bureau’s costs incurred in connection with
proceeding with this action; and
E. Award additional relief as the Court may determine to be just and proper.
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Respectfully submitted,
BENJAMIN C. MIZER Principal Deputy Assistant Attorney General
DANA J. BOENTE United States Attorney
By: [he Meter
om KONKOLY
Assistant U.S. Attorney
2100 Jamieson Avenue
Alexandria, Virginia 22314 Telephone: (703) 299-3799 Facsimile: (703) 299-3983
E-Mail: [email protected]
Anthony Alexis Enforcement Director
Deborah Morris Deputy Enforcement Director
Michael G. Salemi Assistant Litigation Deputy
Alusheyi J. Wheeler, (pro hac vice) Brandis Anderson, (pro hac vice) Enforcement Attorneys
Consumer Financial Protection Bureau 1700 G Street, NW
Washington, DC 20552
Email: [email protected] Email: [email protected] Telephone: 202-435-7786
Facsimile: 202-435-7722
Attorneys for Plaintiff Consumer Financial Protection Bureau
Consent order ()
PDF of this document (18 pages)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION r'i r f"
-I Consumer Financial Protection Bureau, Plaintiff, Civil Action No.
V.
Intersections Inc., Defendant.
STIPTTIATED FINAL JUDGMENT AND ORDER The Consumer Financial Protection Bureau (Bureau) commenced this civil action to obtain injunctive relief, civil penalties, and other relieffrom Intersections Inc. (Intersections). The Complaint alleges violations of Sections 1031and 1036 of the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C. §§ 5531(a), 5536(a)(1), for unfair acts or practices related to the billing and administration of Identity Protection Products. The Parties request that the Court enter this Stipulated Final Judgment and Order (Order).
FINDINGS 1.
The Court has jurisdiction over the Parties and the subject matter ofthis action. 2.
The Parties agree to the entry of this Order, without adjudication of any issue of fact or law, to settle and resolve all matters in dispute arising from the conduct alleged in the Complaint to the date this Order is entered. f, Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 1 of 18 PageID# 12
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3. Intersections neither admits nor denies any allegations in the Complaint, except as stated in this Order. For purposes of this Order, Intersections admits the facts necessary to establish the Court’s jurisdiction over it and the subject matter of this action.
4. Intersections waives service under Rule 4(d) of the Federal Rules of Civil Procedure and waives all rights to seek judicial review or otherwise challenge or contest the validity of this Order. Intersections also waives any claim that it 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.
DEFINITIONS
6. “Affected Consumers” includes any consumer who, during the Relevant Period, enrolled in and paid for Intersections’ Identity Protection Product and who experienced a Service Gap during any portion of his or her enrollment.
7. “Board” means Intersections’ duly-elected and acting Board of Directors.
8. “Effective Date” means the date on which the Order is entered on the docket.
g. “Enforcement Director” means the Assistant Director of the Office of Enforcement for the Consumer Financial Protection Bureau, or his or her delegate.
10. “Identity Protection Products” means any Intersections product that was sold to customers of its depository institution customers, ancillary to credit or deposit accounts, during the Relevant Period. All “Identity Protection Products” include at least one
feature relating to credit reports, identity theft or fraud assistance, or credit monitoring.
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11. "Intersections" means Intersections Inc. and any successors and assigns. 12. "Related Consumer Action"means a private action by or on behalfof one or more consumers or an enforcement action by another governmental agencybrought against Intersections based on substantially the same facts as described in the Complaint. 13. "Relevant Period" means the period from January 1,2009 to February 28,2013. 14. "Service Gap" refersto a period oftime when a consumer,for at least one month, wasbilledfor an Identity Protection Product, butwas not deliveredfiill product benefits. 15. "ServiceGap End Date" is the date on which the AffectedConsxmier ceased experiencing the Service Gap.
16. "Service Gap Start Date" is the date on whichthe Affected Consumerstarted being billed for the Identity Protection Product despite experiencing a Service Gap. ORDER I Injimctive Relief IT IS ORDERED under Sections 1053 and 1055 ofthe CFPA that: 17. Intersections and its officers, agents and employees, whether acting directly or indirectly, may not violate Sections 1031and 1036 ofthe CFPA, 12 U.S.C. §§5531and 5536, with respect to the billing of, and must not bill, or assist in billing, Identity Protection Product customers for product fees if those customers are experiencing a Service Gap.
18. Intersections must take the following affirmative actions within 30 days ofthe Effective Date ofthis Order:
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a. Implement procedures to ensure that only consumers who do not experience a Service Gap are billed for Intersections’ Identity Protection Products; and
b. Implement procedures to ensure that consumers receive all the benefits of
Intersections’ Identity Protection Products for which they have paid.
II Monetary Relief
IT IS FURTHER ORDERED that:
19. Within 10 days of the Effective Date, Intersections must reserve or deposit into a segregated deposit account $55,000 (the “Redress Fund”), which represents the approximate amount of injury caused by the practices described in the Complaint that has not already been refunded to Affected Consumers. To the extent that an Affected Consumer has already received a refund of the amount paid between the Service Gap Start Date and Service Gap End Date due to Identity Protection Product Service Gaps, this Order does not require Intersections to provide duplicative redress to those Affected Consumers.
20. Within 30 days of the Effective Date, Intersections must submit to the Enforcement Director for review and non-objection a comprehensive written plan for providing for payment of the Redress Fund to Affected Consumers who have not already received refunds, consistent with this Order (Redress Plan). The Redress Plan must identify the total number of Affected Consumers who will receive payment of some portion of the Redress Funds, the manner and form in which the Redress Fund will be
distributed among Affected Consumers, and the procedures to locate Affected
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Consumerswhose redress payment is returned as undeliverable.The Enforcement Director willhave the discretion to make a determination of non-objection to the Redress Plan or direct Intersections to revise it. Ifthe Enforcement Director directs Intersections to revisethe Redress Plan, the Respondent must make the revisions and resubmit the Redress Plan to the Enforcement Director within 15days. After receiving notification that the Enforcement Director has made a determination of non-objection to the Redress Plan, Intersections must implement and adhere to the steps, deadlines, and timeframes outlined in the Redress Plan.
21. Within 30 daysof completingthe Redress Plan, Intersections must submit to the Enforcement Director a report with an assessment of its compliance with the terms of the Redress Plan (Redress Plan Report). The Redress Plan Report miist: a.
Describe the methodology used to determine the population of Affected Consumers who received redress under this Order;
b.
State the total number ofAffected Consumers to whom Intersections provided redress;
c.
State the total amounts reimbursed to Affected Consumers; d.
Describe the procedures used to issue and track redress payments; and e.
Describethe work of independent consultants that Intersections has used, ifany, to assist and review its execution ofthe Redress Plan. 22. After completing the Redress Plan, if the amount ofredress provided to Affected Consumers is less than $55,000, within 30 days of the completion of the Redress Plan, Intersections 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 ofredress provided to Affected Consumers and $55,000. Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 5 of 18 PageID# 16
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23. The Bureau may use these remaining funds to pay additional redress to Affected Consumers. If the Bureau determines, in its sole discretion, that additional redress is wholly or partially impracticable or otherwise inappropriate, or if funds remain after the additional redress is completed, the Bureau will deposit any remaining funds in the U.S. Treasury as disgorgement. Intersections will have no right to challenge any actions that the Bureau or its representatives may take under this Section.
24. Intersections may not condition the payment of any redress to any Affected
Consumer under this Order on that Affected Consumer waiving any right.
iI Civil Money Penalties
IT IS FURTHER ORDERED that:
25. Under Section 1055(c) of the CFPA, 12 U.S.C. § 5565(c), by reason of the violations of law described in the Complaint, and taking into account the factors in 12 U.S.C. § 5565(c)(3), Intersections must pay a civil money penalty of $1,200,000 to the Bureau, as set forth herein.
26. Within 10 days of the Effective Date, Intersections must pay $400,000 of the civil money penalty by wire transfer to the Bureau or to the Bureau’s agent in compliance with the Bureau’s wiring instructions.
27. Within 30 days of the Effective Date, Intersections must pay an additional $400,000 of the civil money penalty by wire transfer to the Bureau or to the Bureau's
agent in compliance with the Bureau’s wiring instructions.
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28. Within60 daysofthe Effective Date, Intersectionsmust payan additional $400,000 ofthe civil moneypenaltybywiretransfer to the Bureauor to the Bureau's agent in compliance with the Bureau's wiring instructions. 29. Thecivil moneypenaltypaid under this Order will be depositedin the Civil Penalty Fund of the Bureau as required by Section 1017(d) of the CFPA, 12 U.S.C. § 5497(d).
30. Intersections 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, Intersections may not: 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. 31. To preserve the deterrent effect of the civil money penalty, Intersections may not argue in any Related Consumer Action that Intersections is entitled to, nor may Intersections benefit by, any offset or reduction of any compensatory monetary remedies imposed in the Related Consumer Action because ofthe civil money penalty paid in this action (Penalty Offset). Ifthe court in any Related Consumer Action grants such a Penalty Offset, Intersections must, within 30 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 ofthe civil money penalty imposed in this action.
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IV Additional Monetary Provisions IT IS FURTHER ORDERED that:
32. In the eventofanydefault on Intersections' obligations to makepaymentunder this Order, interest, computed under 28 U.S.C. § 1961, as amended, willaccrue on any outstanding amounts not paidfrom the date ofdefaultto the date of payment,and will immediately become due and payable.
33. Intersectionsmust relinquish alldominion,control,and title to the funds paid to the fullest extent permitted by law and no part ofthe funds may be returned to Intersections.
34. Under 31 U.S.C. § 7701, Intersections must furnish to the Bureau its taxpayer identifying numbers, which may be used for purposes of collecting and reporting on any delinquent amount arising out ofthis Order, 35. Within 30 days of the entry ofa final judgment, consent order, or settlement in a Related Consumer Action, Intersections must notifythe Enforcement Director of the final judgment, consent order, or settlement in writing. That notification must indicate the amount of redress, if any, that Intersections paid or is required to pay to consumers and describe the consumers or classes of consumers to whom that redress has been or will be paid.
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V Compliance Plan rr IS FURTHER ORDERED that:
36. Within 90 days ofthe Effective Date,Intersections must submit to the Enforcement Director for review and determination ofnon-objection a comprehensive complianceplan designedto ensure that Intersections' practices relating to Identity Protection Products comply with Sections 1031and 1036 of the CFPA, 12 U.S.C.§§ 5531 and 5536, with respect to the billing of, or assistance in billing of, Identity Protection Product customers for products fees, and all of the terms of this Order (Compliance Plan).
37.
The Compliance Plan must include, at a minimum:
a.
Detailedsteps for addressing each action required by this Order; and b.
Specifictimeframes and deadlines for implementation of the steps described above.
38. The Enforcement Director will have the discretion to make a determination of non-objection to the Compliance Plan or direct Intersections to revise it. Ifthe Enforcement Director directs Intersections to revise the Compliance Plan, Intersections must make the revisions and resubmitthe Compliance Plan to the Enforcement Director within 15 days.
39. After receiving notification that the Enforcement Director has made a determination of non-objection to the Compliance Plan, Intersections must implement and adhere to the steps, deadlines, and timeframes outlined in the Compliance Plan. VI Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 9 of 18 PageID# 20
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Role of the Board
IT IS FURTHER ORDERED that:
40. The Board must review all submissions (including plans, reports, programs, policies, and procedures) required by this Order prior to submission to the Bureau.
41. Although this Order requires Intersections to submit certain documents for the review or non-objection by the Enforcement Director, the Board will have the ultimate responsibility for proper and sound management of Intersections and for ensuring that Intersections complies with Federal consumer financial law and this Order.
42. In each instance that this Order requires the Board to ensure adherence to, or perform certain obligations of Intersections, the Board must:
a. Authorize whatever actions are necessary for Intersections to fully comply with the Order;
b. Require timely reporting by management to the Board on the status of compliance obligations; and
c. Require timely and appropriate corrective action to remedy any material non-compliance with any failures to comply with Board directives related to this Section.
VII Reporting Requirements
IT IS FURTHER ORDERED that:
43. Intersections 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
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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 proceeding by or against Intersections; or a change in Intersections’ name or address. Intersections must provide this notice at least 30 days before the development or as soon as practicable after learning about the development, whichever is sooner.
44. Within 7 days of the Effective Date, Intersections must designate at least one telephone number and email, physical, and postal addresses as points of contact, which the Bureau may use to communicate with Intersections.
45. Intersections must report any change in the information required to be submitted under Paragraph 43 at least 30 days before the change or as soon as practicable after the learning about the change, whichever is sooner.
46. Within 90 days of Intersections’ receipt of the Bureau’s non-objection to the Compliance Plan, and again one year after the submission of the initial Compliance Report, Intersections must submit to the Enforcement Director an accurate written compliance progress report (Compliance Report) that has been approved by the Board, which, at a minimum:
a. Describes in detail the manner and form in which Intersections has complied with this Order; and
b. Attaches a copy of each Order acknowledgment obtained under Section VIII, unless previously submitted to the Bureau.
47. After the one-year period, Intersections must submit to the Enforcement Director additional Compliance Reports within 14 days of receiving a written request from the Bureau.
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VIII Order Distribution and Acknowledgment IT IS FURTHER ORDERED that, 48. Within30 daysofthe Effective Date, Intersectionsmust deliver a copyofthis Order to each ofits board members and executive officers, as well as to any managers, employees, serviceproviders,or other agents and representativeswhohave responsibilities related to the subject matter of the Order. 49. For 5years from the Effective Date, Intersections must deliver a copy ofthis Order to any business entity resulting from any change in structure referred to in SectionVII, any future board members and executiveofficers,as wellas to any managers, employees, serviceproviders, or other agents and representatives whowill have responsibilities related to the subject matter ofthe Order before they assume their responsibilities.
50. Intersections must secure a signed and dated statement acknowledgingreceipt of a copy of this Order, ensuring that any electronic signatures comply with the requirements of the E-SignAct,15U.S.C. § 7001 et seq., within 30 days of delivery,from all persons receiving a copy of this Order under this Section. IX Recordkeeping IT IS FURTHER ORDERED that 51. Intersections must create and maintain, for at least 5 years from the Effective Date, the following business records:
a.
All documents and records necessary to demonstrate full compliance with each provision ofthis Order, including all submissions to the Bureau. Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 12 of 18 PageID# 23
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b.
For each individual Affected Consumer and his or her enrollment in Intersections'IdentityProtection Product: the consumer'sname;address;phone number; email address; enrollment date; amount paid for the Identity Protection Product; any refunds provided for the Identity Protection Product; ServiceGap Start Date; Service Gap End Date;and the reason whythe consumer experienced a Service Gap.
52. Intersections must make the documents identified in Paragraph 51available to the Bureau upon the Bureau's request.
X Notices IT IS FURTHER ORDERED that:
53. Unless otherwise directed in writing by the Bureau, Intersections must provide all submissions, requests, communications, or other documents relating to this Order in writing, with the subject line, "In re Intersections Inc., No. 2012-0111-02," and send them either:
a. Byovernight courier (not the U.S. Postal Service), as follows: Assistant Director for Enforcement Consumer Financial Protection Bureau ATTENTION: Office of Enforcement 1625 Eye Street, N.W.
Washington D.C. 20006; or b. Byfirst-class mail to the below address and contemporaneously by email to [email protected]:
Assistant Director for Enforcement Consumer Financial Protection Bureau ATTENTION: Office of Enforcement 1700 G Street, N.W.
Washington D.C. 20552 Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 13 of 18 PageID# 24
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XI Cooperation with the Bureau IT IS FURTHER ORDERED that:
54. Intersections must cooperate fullyto help the Bureaudetermine the identity and location of, and the amount of injury sustained by, each Affected Consumer. Intersectionsmust providesuch informationin its or its agents' possessionor control within 14days of receiving a written request from the Bureau. 55. Intersections must cooperate fullywith the Bureau in this matter and in any investigation related to or associated with the conduct described in the Complaint. Intersections must provide truthful and complete information, evidence, and testimony. Intersections must cause Intersections' officers, employees, representatives, or agents to appear for interviews, discovery, hearings, trials, and any other proceedings that the Bureau may reasonably request upon 15days written notice, or other reasonable notice, at such places and times as the Bureau may designate, without the service of compulsoiy process.
XII Compliance Monitoring IT IS FURTHER ORDERED that:
56.
Within 14 days of receipt ofa vmtten request from the Bureau, Intersections must: submit additional compliance reports or other requested information, which must be made under penalty of perjuiy; provide sworn testimony; or produce documents. Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 14 of 18 PageID# 25
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57- Intersections must permit Bureau representatives to interviewany employeeor other person affiliated with Intersections who has agreed to such an interview. The person interviewed may have counsel present.
58. Nothing in this Order willlimit the Bureau's lawful use of compulsory process, under 12 C.F.R. § 1080.6 or otherwise.
XIV Administrative Provisions 59. The Bureau releases and discharges Intersections from all potential liability for law violations that the Bureau has or might have asserted based upon the practices described in the Complaint and this Order, to the extent that such practices occurred before the Effective Date and the Bureau knows about them as ofthe Effective Date. The Bureau may use the practices described in this Order in future enforcement actions against Intersections and its affiliates, including, without limitation, to establish a pattern or practice ofviolations 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 ofthe Bureau to determine and ensure compliance with the Order, or to seek penalties for any violations ofthe Order.
60. This Order will terminate 5 years from the Effective Date or 5 years from the most recent date that the Bureau initiates an action alleging any violation of the Consent Order by Intersections. Ifsuch action is dismissed or the relevant adjudicative body rules that Intersections did not violate any provision ofthe Order, and the dismissal or ruling is either not appealed or upheld on appezd,then the Order will terminate as though the action had never been filed. The Order will remain effective and enforceable until such time, except to the extent that any provisions of this Order have been Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 15 of 18 PageID# 26
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amended, suspended, waived, or terminated in writing by the Bureau or its designated
agent.
xV Retention of Jurisdiction
61. The Court will retain jurisdiction of this matter for purposes of construction,
modification, and enforcement of this Order.
IT IS SO ORDERED.
Ge av DATED this | day of N do , 2015.
United StHtee Distt Court niied States District Juy p
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Consented and agreed to:
BENJAMIN C. MIZER Principal Deputy Assistant Attorney General
DANA J. BOENTE United States Attorney
By: Th Yrter Z ANTONIA KONKOLY
Assistant U.S. Attorney
2100 Jamieson Avenue
Alexandria, Virginia 22314 Telephone: (703) 299-3799 Facsimile: (703) 299-3983
E-Mail: [email protected]
FOR THE CONSUMER FINANCIAL PROTECTION BUREAU:
Anthony Alexis Enforcement Director
Deborah Morris Deputy Enforcement Director
Michael G. Salemi Assistant Litigation Deputy
Alusheyi J. Wheeler, (pro hac vice) Brandis Anderson, (pro hac vice) Enforcement Attorneys
Consumer Financial Protection Bureau 1700 G Street, NW
Washington, DC 20552
Email: [email protected] Email: [email protected] Telephone: 202-435-7786
Facsimile: 202-435-7722
Attorneys for Plaintiff Consumer Financial Protection Bureau
Page 25
FOR INTERSECTIONS, INC.: 0^1 p0vr\Ac^*£v.
Merceaes K. Tunstall ^ ^ Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street NW Washington, DC 20036 Email: [email protected] Telephone: 202-663-8118 Facsimile: 202-663-8007 Christopher J. Willis Ballard Spahr LLP 999 Peachtree Street, Suite 1000 Atlanta, GA30309 Email: [email protected] Telephone: 678-420-9436 Facsimile: 678-420-9301 Attorneysfor Defendant Intersections, Inc.
Case 1:15-cv-00835-LO-JFA Document 5 Filed 07/01/15 Page 18 of 18 PageID# 29