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NOTICE OF AFFINION SETTLEMENT

Questions and Answers for CRC Inquires regarding Affinion/Trilegiant Lawsuit and Settlement

What is this case about?

Affinion enrolled consumers in discount clubs and membership programs offering services like credit monitoring, roadside assistance, discounted travel, etc. 

  • Subsidiaries of Affinion are Trilegiant and Webloyalty.com
  • Sold through "marketing partners" like well-known banks and retailers
  • Marketed through direct mail, online, telemarketing, and face-to-face sales  
  • Sent online offers after a transaction with the marketing partner and then enrolled you
  • Sent live checks for a small amount and if you cashed them, you were enrolled
  • Charged a reoccurring monthly fee to consumers until they affirmatively cancel

Two most troubling marketing practices– live checks and online data passes: 

  • Live check solicitation - Affinion sent consumers via direct mail an offer that appeared to be a check, but when consumers endorsed and deposited the checks, they unknowingly authorized Affinion to enroll them in membership programs and bill them each month or each year indefinitely. 
  • Online data pass offer - Consumers were presented an Affinion offer immediately after an online purchase from a retailer. Affinion then enrolled and billed consumers without acquiring any of their account information, because the marketing partner would pass that information to Affinion. 

What does the settlement provide?

  • Affinion must provide clear and conspicuous information to consumers after enrollment telling you when you are being enrolled and sending periodic reminders that you are a member
  • Live check solicitations and data pass offers are prohibited
  • Changes to Affinion's cancellation practices
  • $19 million fund to provide refunds to some consumers from the 47 states who received unauthorized charges for Affinion's programs

Will I be eligible for a refund? What do I need to do?

  1. If you were enrolled after Jan. 15, 2008 through “data pass” online or a live check, you will receive a claim form in the mail from the Administrator. You must follow the instructions and either email it or mail it to the Missouri Attorney General by December 31, 2013.
  2. If you already filed a complaint with the Missouri Attorney General, we will mail you a claim form.  Follow the instructions and email it or mail it back to the this Office by December 31, 2013.
  3. If you already cancelled and complained directly to Affinion, you must call Affinion to obtain a refund. 

When can I expect a refund?

Sometime after December 31, 2013 when the claim period closes. The Claims Administrator will send the refund.

How much will the refund be?

The refund will depend on the number of months you were charged by Affinion/Trilegiant. Consumer can expect anywhere from $8.00 to over $1,000. 

Any consumers who believe they were improperly charged by Affinion, Trilegiant, or Webloyalty can file a consumer complaint with the Missouri Attorney General. If you have any question about whether you should file a complaint, we encourage you to do so in order to protect your potential eligibility. You may send inquiries or claim forms to affinion@ago.mo.gov.

Consumers checking their credit card, debit card, and bank account statements should look for the names of Affinion's marketing partners or membership programs, as often that is how the company's charges appear on their bills. A complete list of Affinion's membership programs is listed at this URL: [http://ago.mo.gov/Affinion/AffinionProductNames.pdf]. 

If you have questions, you can contact the AGO Hotline at 800-392-8222.

 
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