(COLUMBUS, Ohio)—The business that owns ScoreSense has agreed to change its business practices and pay $22 million to resolve claims that it deceptively marketed its online credit monitoring services, according to an agreement announced today by Ohio Attorney General Mike DeWine, the Federal Trade Commission, and Illinois Attorney General Lisa Madigan.
Of the total payment, $21.9 million will be made available for consumer restitution.
“Consumers thought they were signing up to get a free credit score but really were enrolling in a service costing $29.95 a month,” Attorney General DeWine said. “We are pleased to be part of this settlement, which provides substantial relief for consumers. Not only will the business pay millions to reimburse consumers, it also will significantly change the way it markets its services.”
ScoreSense is owned by One Technologies, a Texas-based business that also operated MyCreditHealth and marketed through at least 50 websites, including FreeScore360.com, FreeScoreOnline.com, and ScoreSense.com, according to the lawsuit.
The business bought advertising on search engines such as Google and Bing so that ads for the websites appeared near the top of search results when consumers looked for terms such as “free credit report.” The most prominent ad stated, “View your latest Credit Score from All 3 Bureaus in 60 seconds for $0!”
In the lawsuit, the Federal Trade Commission, Ohio Attorney General, and Illinois Attorney General allege that the business purported to offer consumers “free” online access to their credit scores but failed to adequately disclose that by accessing their score, they would be enrolled in a credit monitoring program costing $29.95 per month until they called to cancel.
Consumers who wanted to cancel often had to make repeated calls, and in some cases, consumers who claimed they did not knowingly enroll in the service were denied refunds.
At least 210,000 consumers contacted banks, credit card companies, law enforcement agencies, and the Better Business Bureau to complain about the scheme. More than 50 complaints were filed with the Ohio Attorney General’s Office alone.
The lawsuit charges the business with violations of state and federal consumer protection laws, including the Restore Online Shoppers’ Confidence Act (ROSCA). ROSCA regulates online transactions involving a negative option, in which the seller interprets consumers’ silence or inaction as permission to charge them.
Under the agreement, which must be approved by the court, One Technologies agrees to clearly disclose terms and conditions, to not make any misrepresentations, and to obtain express informed consent of consumers when using a negative option feature.
For example, consumers who sign up for ScoreSense online will have to affirmatively check a box or sign a signature line, adjacent to important terms about the offer. Plus, within 10 days of the consumer signing up, ScoreSense will send the consumer an email or letter with the disclosures.
In addition to the injunctive relief, the settlement includes $50,000 payments to Ohio and Illinois. The remainder of the $22 million will be paid to and distributed by the Federal Trade Commission.
Affected consumers who have not yet filed a complaint should contact the Federal Trade Commission or the Ohio Attorney General’s Office.
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Documents
Lawsuit (PDF)
Proposed Settlement (PDF)
Media Contacts
Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840