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Post date: September 18 2000

National Telemarketing Firm To Reform Practices

Attorney General Spitzer today announced a settlement with a national telemarketing company that will protect consumers from unauthorized credit card charges and require full and clear up-front disclosures in sales representations.

MemberWorks, Inc., a Stamford, Connecticut-based company, settled allegations of telemarketing abuses in connection with its sales of lifestyle club memberships which offer consumers alleged savings on a variety of products and services involving entertainment, shopping, home improvement, and health care. It is estimated that the company has more than 600,000 customers in New York State.

This settlement arose from the Attorney General's continuing investigation of banks and credit card issuers that violated their cardholders' privacy rights by selling their personal account information to telemarketers in return for a substantial commission.

"This agreement reaffirms the need for aggressive oversight of privacy-related issues and the need for tight control over access to financial information such as credit card numbers," Spitzer said. "The reforms provided in this settlement will ensure more complete and accurate disclosures in telemarketing campaigns so that consumers can make informed decisions."

Attorney General Spitzer said that MemberWorks entered into agreements with Citibank, its largest client, and other major financial institutions that provided customer names and account information. This information was used in telemarketing campaigns to lure consumers with a "free 30-day trial membership" in one of its many membership clubs. At the end of the trial period, MemberWorks charged many of its customers' credit card accounts an annual fee of between $60 and $144, without their knowledge or authorization, for the membership using credit card numbers provided by the consumer's financial institution.

MemberWorks made wide use of negative option plans with its "risk free" 30-day free trial membership offer. Although these plans offer consumers a free period in which to consider the advantages of the service, many who accepted the initial free trial did not understand that MemberWorks had access to their credit card numbers and would charge them if they failed to cancel during the trial period.

Spitzer's office also raised concerns that the telemarketing script misled consumers into believing that their financial institution was selling the membership and that there was an unrestricted discount or rebate benefit, when, in fact, significant limitations, restrictions and conditions applied.

Under the terms of the settlement, MemberWorks agreed to clearly disclose the negative option method up front and again before renewal. In addition, the agreement requires MemberWorks to:

  • Tape every consumer's "consent" to ensure it is knowingly given;
  • Ensure that accurate, non-misleading information is provided about the value of the membership;
  • Clearly disclose that it is not their financial institution offering the product or service; and,
  • Disclose that the company already has the customer's credit card number for automatic billing.

MemberWorks also agreed to automatically double the refund for consumers who complain about non-authorization of credit card charges if it cannot produce the taped consent.

MemberWorks reports that it has 6.9 million members nationally. Among the membership programs offered to New York consumers are: Personal Gains, Countrywide Dental & Health Program, Countrywide Dental Program, HealthMAX Advantage, HealthTrends, Travel Arrangements, Connections, CardMember Protection Service, 24Protect, SmartSource, Leisure Advantage, Essentials, ValueMax Shopping Service, MoneyMaster, PrivacyPlus, and RateSaver.

MemberWorks cooperated with the Attorney General's inquiry and paid $75,000 to cover the costs of the Attorney General's investigation. It entered into the settlement without admitting any violation of law.

Individuals with questions or complaints about negative option plans or other abuses by telemarketing firms are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.

This case was handled by Assistant Attorney General Stephen Mindell, Director of Consumer Advocacy, and Assistant Attorney General Herbert Israel.