If you (hereinafter “you”) or your enrolled children (where applicable) become a victim of Identity Theft (as defined below) due to a failure of the Family Secure product to provide the services identified below, ConsumerInfo.com, Inc. (hereinafter “we”, “our” or “us”) will reimburse you for certain Identity Theft Expenses (as described in Section 3, below) subject to the terms and conditions of this Guarantee. For purposes of this Guarantee, “Identity Theft” means that your name, address, Social Security number, credit card account number, or other personal identifying information was used without your knowledge or approval to commit fraud or other crimes. The maximum amount that we will pay you is $2 Million for Identity Theft Expenses as a direct result of an Identity Theft.
- GUARANTEE PERIOD: Under the $2 Million Family Secure Product Guarantee, we will reimburse you solely for Identity Theft Expenses you incur as a direct result of an Identity Theft that occurs while you are actively enrolled in and using the above listed product and are a member in good standing (“Guarantee Period”).
- WHAT YOU MUST DO: During the Guarantee Period, you must take an active role in protecting yourself against Identity Theft by using Family Secure as described below. To be eligible to seek and retain reimbursement under this Guarantee, you must do the following:
- You have an obligation to review your credit report and any email or other notification we may send you and if, upon your review, you observe suspicious activity (including, but not limited to credit cards or loans you did not apply for, credit inquiries you did not authorize, etc.) and/or suspect an Identity Theft, you must:
- File a police report with the relevant police authority within the earlier of thirty (30) days from (i) the date you received such email or other notification from us or (ii) the date that you first had knowledge of an Identity Theft;
- Report the suspected Identity Theft to our Fraud Resolution Department within the earlier of thirty (30) days from (i) the date you received such email or other notification from us or (ii) the date that you first had knowledge of an Identity Theft. You can contact our Fraud Resolution Department Monday-Friday, 6:00 a.m. to 6:00 p.m., Pacific Time at 1-888-276-0529;
- Place a fraud alert with Experian, Equifax and TransUnion within thirty (30) days from the date you had knowledge of an Identity Theft (to learn more about fraud alerts or to place a fraud alert on your Experian credit report go to www.experian.com/fraud);
- Work directly with our Fraud Resolution Department to mitigate your liability and/or pursue all sources of potential reimbursement and submit all documentation, if any, relating to the mitigation of liability and/or resolution of any requests for reimbursement from all sources, and/or assign your right to us to seek and recover funds reimbursable under this Guarantee, and reimburse us in the event you obtain recovery of any amounts paid by us hereunder. For example, if we pay a direct expense under this Guarantee to you or on your behalf and you later recover the amount paid to you or on your behalf, then we are entitled to receive, retain or recover the amount paid to you or on your behalf. You must provide all reasonable and necessary assistance to us in our recovery and reimbursement efforts; and
- You agree to pay and/or reimburse us for any amount paid to you or on your behalf under this Guarantee due to your misrepresentation, as defined in Section 4, below, in connection with an Identity Theft.
- WHAT WE WILL DO: Under the $2 Million Family Secure Product Guarantee, we will reimburse you solely for the following Identity Theft Expenses incurred as a direct result of an Identity Theft that occurs during the Guarantee Period while you are using Family Secure as described above:
- Stolen Funds: Funds directly stolen from you or charges that you are liable for, in each case, that are related to any credit account that is reported (or should have been reported) on any of your Experian, Equifax, or TransUnion credit reports that are provided with the product you receive from us, provided that you assign any rights you might have to us for recovery or reimbursement as further provided below;
- Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against you by merchants, financial institutions or other credit grantors or their collection agencies that relate to credit accounts that were wrongfully opened in your name as a result of Identity Theft, or the removal of any criminal or civil judgment wrongly entered against you that relates to a suit brought against you by a credit grantor based on an account wrongfully opened in your name as a result of Identity Theft. You must obtain our advance written consent to your choice of any attorney and/or legal counsel, and we reserve the right to select such attorney and legal counsel. You must forward all attorney invoices to us on a current basis;
- Lost Wages: Actual United States wages or salary you lose as a direct result of time off work taken by you to report and/or resolve an Identity Theft;
- Miscellaneous: Loan application fees, long distance telephone costs, mailing and postage costs, costs of having affidavits or other documents notarized that relate to you reporting and/or resolving an Identity Theft; and
- Private Investigators: Any fees or costs associated with the use of any investigative agencies or private investigators that are necessary for reporting, resolving or recouping losses incurred as a result of an Identity Theft. You must obtain our advance written consent to engage a private investigator, and we reserve the right to select such private investigator in our reasonable discretion. You must forward all private investigator invoices to us on a current basis.
(collectively, “Identity Theft Expenses”).
- WHAT WE WILL NOT DO: We will NOT reimburse you for any expenses, damages or losses that are not expressly described in Section 3 above, including without limitation the following types of expenses, damages or losses you incur in connection with an Identity Theft:
- Any expense, damage or loss due to any act of theft, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any of your authorized representatives, whether acting alone or in collusion with you or others (collectively, your “Misrepresentation”) and you expressly agree to reimburse us for any expense, damage or loss due to your Misrepresentation;
- Any expense, damage or loss arising from the theft or unauthorized or illegal use of your business name, “d/b/a,” or any other method of identifying your business activity;
- Any expense, damage or loss due to bodily injury, sickness, emotional distress or breakdown or any other medical condition, including without limitation, lost wages or salary;
- Any expense, damage or loss due to the termination of your employment or separation from your employment, whether temporary or permanent, for any reason;
- Any expense, damage or loss of any type for which a credit card company, credit card processor, bank, creditor, insurer or other third party is legally liable; excluding any company or agency contracting with us to provide products in connection with a data loss;
- Any expense, damage or loss that relates to any account that is NOT reported on any of your Experian, Equifax, or TransUnion credit reports that are provided with the product you receive from us, unless such account should have been reported on any such credit report.
- Any expense, damage or loss incurred by you from an Identity Theft that did not occur during the Guarantee Period; and
- Any expense, damage or loss in connection with an Identity Theft if you fail to comply with all obligations, requirements, terms and conditions of Section 2 entitled “What You Must Do.”
- HOW TO REQUEST REIMBURSEMENT: To request reimbursement under the $2 Million Family Secure Product Guarantee, you must contact our Fraud Resolution Department Monday-Friday, 6:00 a.m. to 6:00 p.m., Pacific Time at 1-888-276-0529 to obtain an Identity Theft Expense Reimbursement Request Form. To receive reimbursement, you must submit the following documentation to one of our Fraud Resolution Representatives, in accordance with the requirements described in Section 2 above: (a) a completed and signed Identity Theft Expense Reimbursement Request Form; (b) proof that a fraud alert was placed with either Experian, Equifax or TransUnion; (c) if applicable, a copy of any settlement agreement reached by each party (creditors, collection agency, banks, etc.) involved with an Identity Theft; (d) a copy of a police report from your local jurisdiction and provide proof that such police report was filed; (e) copies of all receipts, bills, pay stubs, court documents and other records that support the Identity Theft Expenses incurred by you.
- OUR RIGHT TO TERMINATE $2 Million Family Secure PRODUCT GUARANTEE: We expressly reserve the right to change the terms of, terminate and discontinue offering the $2 Million Family Secure Product Guarantee at any time in our sole and complete discretion. We will continue to honor the $2 Million Family Secure Product Guarantee for an Identity Theft that occurred prior to any termination of the $2 Million Family Secure Product Guarantee.
- THE PRODUCT PROVIDES THE FOLLOWING SERVICES:
- Where indicated in the product literature as a product benefit, we will deliver one or more consumer credit reports from any of Experian, TransUnion and Equifax;
- Where indicated in the product literature as a product benefit, deliver daily consumer credit monitoring of your Experian credit report showing:
- New accounts;
- Public records;
- Address changes;
- Potentially negative information; and
- New inquiries;
- Where indicated in the product literature as a product benefit, we will deliver a consumer credit score (i.e., the PLUS Score);
- Where indicated in the product literature as a product benefit, calculate and track the customer´s credit score based on the consumer´s Experian credit report, and, where indicated in the product literature, three scores based on the consumer´s Experian, TransUnion and Equifax credit reports;
- Deliver consumer assistance in cases of real and/or suspected identity theft, such as:
- Canceling credit cards and debit cards; or assisting the member in canceling credit cards and debit cards;
- Guiding the member in the submission of a police report;
- Assisting the member in notifying financial institutions that provide credit and preventing member liability for unauthorized charges or losses from credit accounts that are or should have been included on the consumers credit report(s); and
- Providing information to help the member to contact the credit bureaus to place a fraud alert on their credit file; and
- Deliver information for members to help them minimize the risk of identity theft and to prepare them to respond in the event that it should happen to them.
THE $2 Million Family Secure PRODUCT GUARANTEE IS NOT OFFERED, APPLICABLE OR AVAILABLE TO RESIDENTS OF THE STATE OF NEW YORK.