Experian said in its lawsuit that LifeLock doesn't have the legal authority to request fraud alerts on behalf of consumers.
It noted that the Fair Credit Reporting Act mandates that credit bureaus honor requests for fraud alerts from consumers or their individual representatives.
But, Experian's lawsuit said, "the FCRA does not require the credit reporting agencies to accept fraud alerts placed by corporations, such as LifeLock, on behalf of consumers."
In May, a federal judge in Santa Ana, Calif., agreed with Experian, concluding that "there is a public policy against LifeLock placing such fraud alerts."
Experian has requested a permanent injunction that would prohibit LifeLock from requesting fraud alerts on behalf of consumers and from advertising that it can do so. The judge has yet to rule on the injunction request.
"We're disappointed that the court ruled this way," said Todd Davis, LifeLock's CEO. "It's a huge step backwards for consumers everywhere who are potential victims of identity theft. It's put the burden back on the consumer to protect themselves, which seems illogical."
But John Ulzheimer, president of consumer education at Credit.com, a credit education and information Web site, doesn't see that as a problem. If consumers must set their own fraud alerts, there's less chance of a "frivolous fraud alert" being submitted, he said.

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