In a decision that has privacy advocates and others scratching their heads, a federal judge has ruled that LifeLock has been breaking California law for years by placing fraud alerts on its customer's credit profiles.
The decision is a blow to the burgeoning identify-theft protection industry, and means that companies that experience data breaches may no longer be able to offer victims free subscriptions to such services - a standard damage-control tactic in recent years. Consumers can still place fraud alerts by contacting one of the three U.S. credit reporting agencies directly.
Bo Holland, founder and CEO of Debix, a competitor of LifeLock, called the ruling "dramatic and unexpected."
"It causes a real shift in the industry," he told Threat Level.
The pre-trial partial summary judgment comes in a lawsuit filed last year against LifeLock by Experian, one of the nation's three credit reporting bureaus. Experian claimed LifeLock is trying to "game the system" of fraud alerts to make a profit.
LifeLock Inc., the identity-theft protection company that boasts 1.5 million customers, is embroiled in legal battles with critics who say its key service breaks the law and its advertising defrauds consumers.
A federal judge has ruled that the Tempe-based company's practice of setting fraud alerts for consumers with the three main credit bureaus - a major part of its $10-a-month service - is illegal. LifeLock filed a motion challenging the decision.
If the court sides with LifeLock's opponents, the decision could stunt the growth of one of the shining stars of Arizona's startup community, forcing the company to permanently alter its practices.
"A CEO who publicly posted his Social Security number on
billboards and TV commercials as part of a campaign to promote his company's
credit monitoring services was the victim of identity theft at least 13 times, a
news report says.
The
Phoenix New Times
reported that Todd Davis, CEO of
LifeLock Inc., which is based in Tempe, Ariz., was victimized numerous times by
identity thieves who apparently used his Social Security number to commit
various types of fraud.
Davis has previously admitted that he was the victim of an identity theft
once in 2007, when a man in Texas used his Social Security number to take out a
$500 loan which wasn't repaid and ended up being handled by a collection agency.
The New Times reported that Davis has been a victim of similar ID
theft at least a dozen more times."