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Frequently Asked Questions
- What is this case about?
- Am I a Class Member?
- Who is Trilegiant?
- Who are the Marketing Partners?
- What products or programs are included in the Settlement?
- What are the terms of the Settlement?
- What can I receive?
- Who represents me and the Class?
- What are my choices?
- Will someone notify me when the Settlement is final?
- Do I have to file a Request Form?
- When are Request Forms due?
- Can I file a Request Form electronically?
- Do I need to include some kind of documentation?
- The Request Form says that I certify the information
"under penalty of perjury". What does that mean?
- What is an exclusion?
- How can I exclude myself from the Class?
- What is an objection?
- How can I object to or comment on the Settlement?
- Can I speak at the hearing?
- What are the tax consequences to me as it pertains to
the Settlement?
- Do I need to hire an attorney?
- When will I receive my payment?
- The person to whom the Notice was sent is deceased or
incapable of acting. Can I submit the Request Form on his/her behalf?
1. What is this case about?
A class action lawsuit was filed against Trilegiant Corporation in the Circuit Court,
Third Judicial Circuit, Madison County, Illinois, in July 2001, in connection with
various membership-based products or programs offered, sold, serviced, or provided
to consumers by or through Trilegiant Corporation or an entity with which Trilegiant
has a business relationship, and for which the member was charged a membership fee.
These products or programs include but are not limited to Privacy Guard, Credit
Alert, AutoVantage, Travelers Advantage, Buyers Advantage, Complete Home, Digital
Protection Plus, Great Fun, Great Options, HealthSaver, Hot-Line, Just For Me, National
Card Registry, Netmarket.com, Shoppers Advantage, and Travel ER, along with similar
programs marketed or created with Trilegiant that have the same or substantially
the same characteristics of these memberships, regardless of the name of the product.
The lawsuit claims that Trilegiant enrolls consumers in membership programs through
deceptive or unfair means, and places membership charges on consumers' credit or
debit cards, bank accounts, telephone bills, or home mortgage accounts without proper
authorization or consent. The lawsuit further alleges that Trilegiant refuses to
cancel memberships upon a consumer's request. Trilegiant has denied and continues
to deny all charges of wrongdoing or liability against it arising out of the allegations
and claims asserted in the lawsuit, and contends it has complied with all applicable
laws. The Settlement is not an admission of wrongdoing and does not indicate a violation
of any law. Trilegiant has agreed to settle the case to avoid the time, expense,
and distraction of protracted litigation.
The following Related Actions alleging substantially similar claims are also part
of the Settlement: Nordberg v. Trilegiant Corporation, filed in the United
States District Court for the Northern District of California; Schnickel v. Chase
Manhattan Mortgage Corporation, Inc., filed in the United States District
Court for the District of New Jersey; and Power v. GMAC Mortgage Corporation,
filed in the United States District Court for the Northern District of Illinois,
Eastern Division.
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2. Am I a Class Member?
You are a Class Member if you had unsolicited or unauthorized charges for Trilegiant
Products posted to your credit card, debit card, phone, bank, mortgage or other
billing account by Trilegiant or a Marketing Partner of Trilegiant and you were
charged for those Products at any time from July 10, 1998, until February 14, 2008.
Certain categories of people are excluded from the Class, and therefore from the
Settlement. If you did not make a payment or only made a payment of a trial offer
fee, you are excluded from the Class. You are also excluded from the Class if you
have already received a full refund from Trilegiant for all Trilegiant Product charges
paid. In addition, employees of Trilegiant and members of the Illinois state court
judiciary and their families are excluded. Individuals who currently have a pending
lawsuit against Trilegiant, other than the cases that are specifically included
in this Settlement, are excluded.
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3. Who is Trilegiant?
Trilegiant is a membership-based provider of travel, shopping, health, dental, entertainment
and consumer-protection services. Trilegiant and its Marketing Partners sold membership
programs, such as Privacy Guard, Credit Alert, AutoVantage, Travelers Advantage,
Buyers Advantage, Complete Home, Digital Protection Plus, Great Fun, Great Options,
HealthSaver, Hot-Line, Just For Me, National Card Registry, Netmarket.com, Shoppers
Advantage, and Travel ER. Trilegiant and its Marketing Partners typically charged
for these products by posting charges to credit card, debit card, phone, bank, mortgage
or other billing accounts.
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4. Who are the Marketing Partners?
The Marketing Partners varied, and include any entity (or any predecessors, successors
in interest of any such entity and any parent company, subsidiary, or affiliate
of such entity) with which Trilegiant has (or previously had) a contractual relationship
whereby the entity: (i) markets Products to customers of that entity; (ii) posts
a link to any of Trilegiant's websites on the Marketing Partner's website and receives
a commission (or other compensation) for driving traffic to Trilegiant's website;
(iii) advertises, promotes, markets, provides, sells, or participates in the sale
of any Product (including but not limited to providing, directly or indirectly,
gift cards or incentives for use in promoting Products); (iv) offers a private label
or co-branded version of any Product; (v) provides Trilegiant with customer lists
or other information concerning prospective purchasers of Products; or (vi) bills
or charges individuals or entities for a Membership Charge.
The Marketing Partners include but are not limited to Chase Manhattan Mortgage Corporation,
Inc. (as well as its parent company, JPMorgan Chase & Co., and all of their present
or former subsidiaries, divisions, parent companies, affiliates, officers, directors,
employees, trustees, principals, attorneys, agents, representatives, sales associates,
distributors, vendors, shareholders, insurers, partners, joint venturers, and business
units), GMAC Mortgage Corporation (as well as its parent company, GMAC LLC, and
all of their present or former subsidiaries, divisions, parent companies, affiliates,
officers, directors, employees, trustees, principals, attorneys, agents, representatives,
sales associates, distributors, vendors, shareholders, insurers, partners, joint
venturers, and business units), and The Home Depot U.S.A. (as well as its parent
company, Home Depot International, Inc., and all of their present or former subsidiaries,
divisions, parent companies, affiliates, officers, directors, employees, trustees,
principals, attorneys, agents, representatives, sales associates, distributors,
vendors, shareholders, insurers, partners, joint venturers, and business units).
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5. What products or programs are included in the Settlement?
Some of the programs included in the Settlement are the following:
AOL AutoVantage Gold
AOL Credit Alert
AOL Direct Warehouse
AOL Netmarket
AOL Travelers Advantage
Auto Discount Service
AutoVantage
AutoVantage Enhanced
AutoVantage Gold
AutoVantage Silver
Business Advantage
Buyers Advantage
Chase Traveler
Cheap Tickets Gold
Clever Clubhouse
Compass Identity Safe
CompleteHome
Comp-u-store Online
Credentials
Credit Alert
Credit Card Advantages
Credit Card Guardian
Credit Card Protection
Creditline
CreditUpdate
Deals & Destinations
Digital Protection Plan
Dinner on Us Club
Discount Dining Club
Discount Shopping Club
Discount Travel Club
Drivers Club
Drivers Advantage
Elite Excursions
Enhanced Hotline
Event Privileges
Everyday Privileges Gold
Everyday Values
Everyday Values Gold
Everything 4 Less
Family Fun Saver
Family Fun Saver Club
Fee Card
First Card AutoVantage
First Card Dining
Great Experiences
Great Fun
Great Fun Cool Extras
Great Options
HealthSaver
Home Shopping Travel Club
Hotline
ID Secure
Identity Secure
Identity Theft Protection
Identity Theft Protection Powered by PrivacyGuard
Interval International Preferred Shopper
Just For Me
Leisure Value Club
Mortgage Credits Plus
National Card Registry
National Home Protection Alliance
National Media Purchase
Netmarket
PC SafetyPlus
Pet Privileges
Premier Dining
PrivacyGuard
PrivacySource
PrivacyWatch
ProfitPower
ProPlus
Quality Health Service
SecureAll
Select Identity Theft Protection
Shell Advantages
Shoppers Advantage
Shoppers Advantage Gold
SIMM
Small Business Central
Smart Shopper
Texaco Roadside Assistance
Today's Homeowner Values
Travelers Advantage
Value America Shopper
Versatel Advantage Shopper
Vineyard Direct
VIP Pet Locator
Wallet Security
Wallet Security Plus
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6. What are the terms of the Settlement?
Under the Settlement, Trilegiant will provide up to $25 million to make payments
to Class Members who submit valid claims. If you are a Class Member and wish to
make a claim, you needed to file a Request Form, postmarked no later than January
15, 2009. This deadline has passed and you are no longer able to submit a Request
Form.
Trilegiant has also agreed to comply with (or continue complying with) the following
conditions starting no later than six months after Settlement approval, and continuing
for at least three years after Settlement approval:
- When a consumer is enrolled in a Trilegiant Product, Trilegiant must send the initial
Product materials by U.S. Mail or other reliable means within 4-5 weeks after the
recorded date on which the consumer gives express consent to be charged for the
Product either immediately or after expiration of a trial period.
- The Product materials will reasonably inform the consumer in clear and conspicuous
language in the welcome letter accompanying the materials that the consumer has
enrolled in the Product (which shall be identified by name), that a membership charge
will automatically be charged to the consumer (and if it is subject to automatic
renewal, that the membership will automatically renew unless the consumer cancels
the membership), and will also provide an explanation of the cancellation procedures
and a toll-free telephone number that the consumer can call to cancel the membership.
- Trilegiant shall maintain a record of each consumer's express consent to enroll
in or be charged for a Product for at least 24 months after the giving of such consent.
Trilegiant will also donate $100,000 to one or more tax-exempt charities selected
by Class Counsel and approved by the Court.
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7. What can I receive?
The Court granted final approval to the Settlement at the Fairness Hearing held
on July 18, 2008. Trilegiant will provide the following Settlement payments to Settlement
Class Members:
- Class Members who submit valid Request Forms are entitled to Settlement payments
under the Settlement ranging from $20 to up to three times the annual cost of a
membership (for those people who were charged for three years or more) depending
on whether the Class Member elects the Self-Certification Option or the Documentary
Support Option. Payments are subject to a pro rata reduction if the aggregate dollar
amount of all claims exceeds $25 million.
- Under the Self-Certification Option, your Settlement payment consists of $20, regardless
of how many Trilegiant Products you were charged for, and regardless of how much
you paid in membership fees. To make a Self-Certification claim, simply indicate
your choice on the Request Form included in the Notice Packet, available for download
HERE from this website, sign the statement saying
you were charged without your authorization for one or more of the Products listed
on the form, and mail the completed Request Form to the Trilegiant Claims Administrator
postmarked no later than January 15, 2009. Payments are subject to a pro rata reduction
if the aggregate dollar amount of all claims exceeds $25 million.
- Under the Documentary Support Option, the amount of your Settlement payment depends
on the Products for which you are making a claim, the annual cost of each Product,
and how much you actually paid. To make a Documentary Support claim, follow the
directions on the Request Form included in the Notice Packet, available for download
HERE from this website, and remember to submit documentation
of all membership fee amounts that you paid or were charged for each Product and
for which you are making a claim, such as a credit card or debit card statement,
telephone bill, or mortgage account statement reflecting the charge or a cancelled
check reflecting payment of the charge. Please do not send original documents. You
must also sign the statement on the Request Form certifying you were charged for
the identified Products without your authorization. For each Product for which you
provide the required documentation, you will be allocated the lesser of (i) the
total documented amount you paid for the Product or (ii) three times the annual
cost of the Product. The Documentary Support payment consists of the total of all
such allocations. For more information, including deductions that will be made to
your payment amount if it is determined that you previously received a refund for
a Product or you actually used or received a substantive benefit from a Product,
please consult the Notice.
- Trilegiant has agreed to pay up to a total of $25 million for all of the valid claims
submitted by Class Members as part of the Settlement. If the aggregate dollar amount
of all claims exceeds $25 million, then each claimant's payment will be reduced
proportionately to reduce the total amount of claims to $25 million.
PLEASE NOTE THAT THE DEADLINE TO FILE A REQUEST FORM HAS PASSED.
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8. Who represents me and the Class?
The Court has appointed the named plaintiffs in this lawsuit and three other related
lawsuits to serve as the class representatives and has appointed the following attorneys
to serve as Class Counsel: Paul M. Weiss and Eric C. Brunick of Freed & Weiss LLC;
Bradley M. Lakin and Robert W. Schmieder II of The Lakin Law Firm, P.C.; and Daniel
C. Girard, of Girard Gibbs LLP.
The Court approved the Settlement and Class Counsel applied to the Court for an
award of attorneys’ fees and expenses of $8 million. Class Counsel also applied
for incentive awards to the named plaintiffs in this lawsuit and several related
lawsuits concerning the same subject matter, for their initiative and effort in
pursuing the litigation on behalf of consumers in the Class. Any award of attorneys'
fees and expenses and any incentive awards will be paid by Trilegiant separately
from the $25 million available for Settlement payments to Class Members and without
reducing the Settlement payments to Class Members. Under no circumstances will you
be personally liable for Class Counsel's attorneys' fees or expenses or any incentive
awards.
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9. What are my choices?
- You Can Do Nothing: The Court has granted final approval of the Settlement.
Unless you already excluded yourself you are a member of the Settlement Class. This
means you are bound by the Court’s orders in the case and give up your right to
be part of any lawsuit concerning the claims in this case. You will not be eligible
to any Settlement payment unless you submit a Request Form.
- You Can Obtain a Cash Payment Under the Settlement:You needed to file
a Request Form, postmarked no later than January 15, 2009. This deadline has passed
and you are no longer able to submit a Request Form. If you failed to submit the
Request Form by the deadline, you will not be entitled to any Settlement payment
but will still be bound by the Settlement and the judgment, including the release
of your claims unless you already excluded yourself.
- You Had the Option to Exclude Yourself: PLEASE NOTE THAT THE EXCLUSION
DEADLINE HAS PASSED.
- You Had the Option to Comment in Support of or in Opposition to the Proposed
Settlement While Remaining in the Class: PLEASE NOTE THAT THE DEADLINE HAS
PASSED TO SUBMIT A COMMENT OR TO OBJECT TO THE SETTLEMENT.
- You Can Attend the Hearing: PLEASE NOTE THAT THE HEARING WAS HELD
ON JULY 18, 2008.
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10. Will someone notify me when the Settlement is final?
The Court approved the Settlement on July 18, 2008. You may periodically check here
for updates.
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11. Do I have to file a Request Form?
No, you do not have to file a Request Form, but you will not be eligible to receive
your Settlement payment unless you submit a Request Form. The Court has granted
final approval of the Settlement. Unless you already excluded yourself, you are
a member of the Settlement Class. This means you are bound by the Court’s orders
in the case and give up your right to be part of any lawsuit concerning the claims
in this case.
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12. When are Request Forms due?
PLEASE NOTE THAT THIS DEADLINE HAS PASSED. Request Forms needed to be postmarked or electronically filed no later than January 15,
2009.
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13. Can I file a Request Form electronically?
PLEASE NOTE THAT THIS DEADLINE HAS PASSED.
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14. Do I need to include some kind of documentation?
You may submit a claim by electing either the Self-Certification Option or the Documentary
Support Option.
To make a Self-Certification claim, simply indicate your choice on the Request Form
and sign the statement saying you were charged for one or more of the Products listed
on the form without your authorization. Under this option, your Settlement payment
consists of $20, regardless of how many Trilegiant Products you were charged for,
and regardless of how much you paid in membership fees. Payments are subject to
a pro rata reduction if the aggregate dollar amount of all claims exceeds $25 million.
The amount of your Settlement payment under the Documentary Support Option depends
on the Products for which you are making a claim, the annual cost of each Product,
and how much you actually paid. To make a Documentary Support claim: (i) indicate
your choice on the Request Form; (ii) identify all Products for which you are making
the claim; (iii) submit documentation of all membership fee amounts that you paid
or were charged for each Product and for which you are making a claim (such as a
credit card or debit card statement, telephone bill, or mortgage account statement
reflecting the charge or a cancelled check reflecting payment of the charge); and
(iv) sign the statement certifying you were charged for the identified Products
without your authorization. For each Product for which you provide the required
documentation, you will be allocated the lesser of (i) the total documented amount
you paid for the Product, or (ii) three times the annual cost of the Product. The
Documentary Support payment consists of the total of all such allocations. The Product's
annual cost will be obtained from Trilegiant's records. If the annual cost of the
Product varied during your membership, the "three times the annual cost of the Product"
amount referred to above will be considered the total membership cost of the Product
for the three most recent years your documentation shows you were charged for the
Product. Payments are subject to a pro rata reduction if the aggregate dollar amount
of all claims exceeds $25 million.
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15. The Request Form says that I certify the information "under
penalty of perjury." What does that mean?
It means your statement is made under oath, and if it is untrue, your statement
can constitute the crime of perjury.
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16. What is an exclusion?
PLEASE NOTE THAT THE EXCLUSION DEADLINE HAS PASSED.
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17. How can I exclude myself from the Class?
PLEASE NOTE THAT THE EXCLUSION DEADLINE HAS PASSED.
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18. What is an objection?
PLEASE NOTE THAT THE OBJECTION DEADLINE HAS PASSED.
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19. How can I object to or comment on the Settlement?
PLEASE NOTE THAT THE OBJECTION DEADLINE HAS PASSED.
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20. Can I speak at the hearing?
PLEASE NOTE THAT THE HEARING WAS HELD ON JULY 18, 2008.
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21. What are the tax consequences to me as it pertains to the Settlement?
We cannot provide any information regarding any potential tax consequences of Settlement
benefits. You should direct any such questions to your tax advisor.
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22. Do I need to hire an attorney?
You do not need to hire your own attorney, although you may do so at your own expense,
if you wish. There are attorneys who work on behalf of the entire Class at no cost
to you.
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23. When will I receive my payment?
The Court approved the Settlement at the July 18, 2008 Fairness Hearing. You will
receive payment following conclusion of the claims period, which ends in January
2009. Please be patient.
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24. The person to whom the Notice was sent is deceased or incapable
of acting. Can I submit the Request Form on his/her behalf?
If you are the executor of the estate, or if there is no estate and you are the
surviving spouse/child/beneficiary, you may complete the Request Form. Complete
the Request Form as if it is your Request Form; that is, provide your contact information,
Social Security number and signature. Please attach a note explaining the situation
and your relationship to the deceased Class Member. Please also attach a copy of
the death certificate and any legal documents you may have. The attorneys will send
an affidavit of heirship to you at a later date.
If you have a Power of Attorney for the Class Member, please complete the Request
Form on behalf of the Class Member and include a copy of your Power of Attorney
when you send in the Request Form.
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