If, prior to January 2007, you were enrolled in a membership program by a telemarketer and monthly membership fees were charged to your debit card without your prior signed written authorization, a class action settlement may affect your rights.
A class action settlement has been reached in a class action lawsuit against Vertrue, LLC (“Vertrue”) sued as Vertrue, Inc. and Adaptive Marketing LLC (“Adaptive”) (collectively “Defendants”) in the United States District Court for the Middle District of Tennessee (styled Wike v. Vertrue, Inc. et al., Class Action Case No. 3:06-00204) alleging, among other things, that Vertrue & Adaptive Marketing violated the Electronic Fund Transfer Act (“EFTA”) when consumers were enrolled in Adaptive’s membership programs during a telemarketing call and Adaptive charged recurring membership fees to the consumer’s debit card without the consumer’s prior signed written authorization, according to the Vertrue & Adaptive Marketing Debit Card Membership Fee Charges EFTA class action lawsuit settlement notice.
The membership programs involved in the Vertrue & Adaptive Marketing Debit Card Membership Fee Charges class action lawsuit settlement include:
24 Protect
24Protect Plus
AAA Gift Card Center
At Home Rewards
At Home Rewards Plus
Business Max
Club de Compras
Connections
Cross Country
DealMax
DeepDiscount Savings Club
Escapes en Familia
Essentials
Essentials Gold
Fast Track Savings
Food & Flix
Galleria
Galleria USA
Galeria de Compras
Getaway & Save
Home Works
HomeSavings Mall
Homeworks Plus
Leisure Exclusives
Main Street Savings
My Great Deals
Passport to Fun
Passport to Fun Plus
Pharmacy Card
Pharmacy Gold Card
PremierHealth Plus
Privacy Plus
SavingsAce
SavingSmart
Sears PremierHealth Plus
Shopping Essentials
Shopping Essentials Plus
Simple Escapes
Simply You
Su Salud Plus
Today’s Escapes
Today’s Escapes Plus
Value Max
ValueMax
Victoria’s Secret Escapes
Victoria’s Secret Hispanic
Victoria’s Secret Home
Victoria’s Secret Sport & Spa
VistaPrint Rewards
Your Savings Club
Vertrue & Adaptive Marketing Debit Card Membership Fee Charges EFTA class action lawsuit settlement class members reportedly includes, unless otherwise excluded, all people who were enrolled by telemarketing in one or more of Defendants’ membership programs before January 1, 2007, and whose debit card was first charged for the monthly membership fees at any time on or after March 14, 2005.
Excluded from the proposed class are Defendants, any entity in which any Defendant has a controlling interest, Defendants’ officers, directors, and employees, Defendants’ legal representatives, heirs, successors, and assigns, and any judge to whom the case is assigned and his or her immediate family. The class reportedly does not include people who charged the membership fees to their credit card or who were enrolled in one of the membership programs online or via direct mail. In addition, the class will reportedly exclude everyone who elects not to participate in the settlement by filing a valid request for exclusion from the class by the deadline, August 8, 2011.
Under the proposed Vertrue & Adaptive Marketing Debit Card Membership Fee Charges class action settlement, class members can receive $150 for each valid claim they submit. Defendants will reportedly provide up to approximately $300,000 to fund cash payments to class members. If the total value of all valid claims is over approximately $300,000, each payment of a valid claim will be reduced proportionately.
On September 16, 2011, at 1 p.m. Central time, in the courtroom of the Honorable Todd J. Campbell, United States District Judge, Middle District of Tennessee, 801 Broadway, Nashville, TN 37203, Judge Campbell will hold a fairness hearing for the purpose of deciding (a) whether the settlement should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting approval of the settlement and dismissing the lawsuit with prejudice should be entered; and (c) whether Class Counsel’s application for attorneys’ fees and expenses and for a separate service payment to the named plaintiff should be granted.
For more information on the Vertrue & Adaptive Marketing Debit Card Membership Fee Charges class action settlement, visit the Vertrue & Adaptive Marketing Debit Card Membership Fee settlement website:
www.debitcardsettlement.com
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