Friday, December 23, 2011

Discover Financial Services Lawsuit Settlement

Discover Card Class Action Settlement
Opening my Discover Card statement this week, a little loose leaf page fell out. It was covered with a list of court cases brought against Discover Financial Services, et al and DFS Services LLC. It states that it is regarding those enrolled in or billed for Discover payment protection, Accountguard, identity theft protection, and credit score tracker. It is between the dates of Jan 21, 2004 and Nov 9, 2011.

The notification is as follows:

If you were enrolled in or billed for Discover Payment Protection, Accountguard, Identity Theft Protection, Profile Protect, Wallet Protection, The Register and/or Credit Score Tracker between January 21, 2004 and Novemember 9, 2011, This notice describes your rights in connection with a settlement of lawsuit and your potential recovery.
You may be entitled to a payment under a proposed class action settlement. In the actions entitled Walker v. Discover Financial Services, et al. (N.D. III. Case No. 10-cv-06994-JWD), Callahan v. Discover Financial Services, et al. (N.D. III. Case No. 1:10-cv-07181-JWD), Alexander v. Discover Financial Services, et al. (D.S.C. Case No. 7:10-cv-02754-HMH), Sack v. DFS Services LLC, et al. (W.D. Tenn. Case No. 2:10-cv-02906-JPM), Boyce v. DFS Services LLC, et al. (E.D. Pa. Case No. 2:11-cv-00265-LLD), Conroy v. Discover Financial Services, et al. (C.D. Cal. Case No. 2:10-cv-5260-MMM-E), Triplett v. Discover Financial Services, Inc., et al. (S.D. Fla. Case No. 1:11-cv-20519-AJ) and Carter v. Discover Financial Services, Inc., et al. (E.D. Pa. Case No. 2:11-cv-01656-BMS)(collectively, the "Actions"), Plaintiffs challenge as improper certain of Discover Bank's ("Discover") alleged marketing, enrollment, pricing and administration practices for its Discover Payment Protection (formerly known as Discover AccountGuard) ("DPP"), Identity Theft Protection (formerly known as "Profile Protect") ("ITP"), Wallet Protection (formerly known as "The Register") ("WP") and Credit Score Tracker ("CST") products (together, the "Products"). Discover vigorously denies these allegations and denies any claims of wrongdoing. However, in settlement of the Actions, Discover has agreed to establish a settlement fund of $10.5 million. This notice is only a summary. Details of this settlement, including information on how to file a claim, are available at http://www.walkersettlement.com or by writing to or calling the Settlement Administrator at the address or toll-free number below.
Discover's records indicate that you may be a member of the Settlement Class because you were enrolled in or billed for a Product at some time between January 21, 2004 and November 9, 2011. Class members may (1) file a claim for money from the settlement, (2) exlcude themselves from the settlement, or (3) object to the settlement. Class Counsel estimate that settlement payments will be between $10 and $60, but could be more or less based on factors including the number of claims submitted and the amount of fees you paid. You have the right to cancel your enrollment, call 1-800-347-5538.
You cannot receive a payment unless your claim is received by June 6, 2012. In addition to payments to the Settlement Class Members, the settlement provides for not more than $3,500,000 in attorney's fees, costs and $2,500 service awards for the representative plaintiffs to be sought from the Court by counsel for the Settlement Class. Remaining monies will paid to charity.
If you do not want to be legally bound by the settlement (and receive no money from the settlement), the Settlement Administrator must receive your request for exclusion no later than March 23, 2012. The detailed notice fully explains how to exclude yourself or object.
If the settlement is approved, all Settlement Class Members who do not exclude themselves will be bound by any judgement entered whether or not it is favorable to the Settlement Class and they will give up the right to sue Discover or related parties for any known or unknown claims relating to the Products.
To obtain the instructions for excluding yourself, filing an objection or filing a claim, go to http://www.walkersettlement.com, or write or call the settlement administrator at P.O. Box 8023, Faribault, MN 55021-9423 or (866) 944-5034 (Toll-Free).
This is only a summary of the settlement and your rights. Do not call or write to the court or the clerk of the court. Do not contact Discover about the settlement. Telephone representatives are not authorized to change the terms of the settlement or this notice.

STA1211PPL    12-10031