San Francisco, CA: A proposed settlement has been reached in a class action lawsuit claiming that Vertrue LLC ("Vertrue") and Adaptive Marketing LLC ("Adaptive") (collectively, "Defendants") violated the Electronic Fund Transfer Act ("EFTA"), when telemarketers enrolled consumers in Adaptive membership programs, and Adaptive charged the consumers' debit cards without first obtaining and providing the consumers with copies of their signed written authorization. Defendants deny all allegations of wrongdoing and the Court has not decided who is right or wrong.
Some of Adaptive's membership programs include: 24 Protect Plus, At Home Rewards, Connections, Galleria USA, Home Works, Passport to Fun, PremierHealth Plus, Privacy Plus, Shopping Essentials, Today's Escapes, and Value Max. For a complete list, visit: www.debitcardsettlement.com.
You are included in the settlement class if you were enrolled in one or more of Adaptive's membership programs before January 1, 2007 during a telemarketing call, and membership fees were charged to your debit card for the first time on or after March 14, 2005.
If you are included in this settlement class, your legal rights are affected. You have a choice to either complete a Claim Form to receive the settlement benefit, or, if you do not want to be bound by the settlement, you must exclude yourself. If you take no action, you will not receive a cash settlement benefit and you will give up your right to sue Defendants for any alleged violation of the EFTA.
If you complete the Claim Form and your claim is deemed valid, you are eligible to receive a cash payment of up to $150 for each membership program charged to your debit card during the relevant timeframe without your prior signed written authorization. If the total value of valid claims submitted exceeds the Maximum Aggregate Settlement Amount of approximately $300,000, each class member's actual settlement payment will be reduced proportionately.
To submit a Claim Form, visit www.debitcardsettlement.com or call the toll-free number to get one. Claim Forms must be postmarked by December 31, 2011 and must be deemed valid by the Claims Administrator in order to qualify for cash payment.
If you are a class member and do not want to be legally bound by the settlement, you must exclude yourself by August 8, 2011. By excluding yourself you will maintain your right to sue Defendants for the EFTA claims covered by the settlement, but you will not be eligible for a cash payment. The full Notice on the website describes how to exclude yourself.
The Court will hold a hearing in this case, Wike v. Vertrue, Inc. et al., to consider whether to approve the settlement, including the payment of attorneys' fees and expenses to the lawyers who filed this class action, and a service payment to the class representative. The hearing will be held on September 16, 2011.
