Office of the Attorney General
Consumers Will Begin Receiving Claim Forms Following Multistate Affinion Settlement
Attorney General Jack Conway, along with 46 other state Attorneys General, announced in October a $30 million settlement with the negative option marketer Affinion and its subsidiaries, Trilegiant and Webloyalty. As part of the settlement, Affinion established a fund of approximately $19 million to provide refunds to some consumers who received unauthorized charges for Affinion's programs. Nearly 2,100 Kentucky consumers should receive notices in the coming days via email or the U.S. Postal Service regarding this settlement.
Consumers who have been improperly enrolled by Affinion should be watching both their mailbox and email for an eligibility notice. The letters that consumers will receive by mail are titled "ELIGIBILITY NOTICE – MARKETING SETTLEMENT RESITUTION PROGRAM." Consumers should also watch their email inboxes for any emails from the "Marketing Settlement Restitution Program" with a subject line that reads "IMPORTANT SETTLEMENT NOTICE REGARDING YOUR PAID MEMBERSHIP(S)."
The notices contain important documents that must be completed and returned by any consumer wishing to recover restitution. Consumers should be diligent in checking for these notifications. If a consumer receives an eligibility notice, then he or she will have the opportunity to join the settlement. Consumers who decide to participate in the settlement should follow the proper instructions contained in the correspondence and return the required documents.
There is a slight chance that a consumer who has been improperly billed by Affinion will not receive an eligibility notice. Consumers should check their credit card and bank account statements for any improper charges that may have been made by Affinion or any of Affinion's membership programs. A complete list of the programs can be found at http://ag.ky.gov/pdf_news/affinion-membership-programs.pdf .
Consumers who do not receive an eligibility notice, but believe they were improperly charged by Affinion or its marketing partners, can file consumer complaints with the Kentucky Office of the Attorney General online at ag.ky.gov or by calling (888) 432-9257.
Those complaints should be filed no later than Jan. 17, 2014. Consumers receiving notices by mail and email will have 90 days to file their claims with Affinion.
An example of the letter titled "ELIGIBILITY NOTICE – MARKETING SETTLEMENT RESITUTION PROGRAM" can be found at http://goo.gl/fvmJk5 .
An example of the email from the "Marketing Settlement Restitution Program" can be found at http://goo.gl/mJuQnV .
The original press release from October 10, 2013 announcing the multistate settlement with Affinion may be found by visiting the following link: http://migration.kentucky.gov/newsroom/ag/affinionsettlement.htm .