Please refer to your Plan Summary to determine which of the benefits below are included within the plan in which you have enrolled. You are eligible to receive only those benefits for which you have paid. Benefits A through F are provided by your financial institution as part of the ID Fraud Solutions program.
Depending on the membership that you choose at the time of enrollment, credit report, score and/or credit monitoring benefits may or may not be available.
With the exception of Sections II.A. and II.C, these terms and conditions are provided by Consumer Assist Network Association, Inc. (CANA), which is the provider of ID Fraud Solutions, to the individual specified on the enclosed membership materials (Covered Member, You, or Your). CANA is a provider for membership services and offers various programs that range from home protection plans to reward memberships. Sections II.A and II.C contain terms and conditions provided by our benefit provider, CSIdentity Corporation, an Experian Company.
Please read this information carefully and keep the enclosed materials in a safe place for future reference relating to your benefits. If you have any questions, please call our Membership Services Center at +1.866.632.5335.
I. DESCRIPTION OF SERVICE
As a member of ID Fraud Solutions, you are entitled to receive the benefits, services or products (Benefits) that you have selected outlined in the enclosed materials. CANA reserves the right to change or modify the benefits and the terms and conditions at any time without notice.
Memberships automatically renew indefinitely without action by the member, and the membership fee is charged to the member at the time of renewal. An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the enrolled member cancels such membership. Consent to obtain credit data to fulfill the benefits of subscription Products shall be valid under the program until cancelled. Upon cancellation, the member loses access to the areas of the Site designated for members only. This could include any credit data and analyses that have been displayed during the membership. A member may cancel at any time. There is NO REFUND for credit reports that are deliverable by us online. To cancel your membership, please contact our CANA Customer Service Center number at +1.866.632.5335. If you prefer to contact us in writing, please write to us at CANA - IDFS Members, T3, FSO Policy Operations, PO Box 979230, Miami, FL 33197. When you become a member and your benefits include Single and/or Triple Bureau Credit Monitoring, or Credit Score Monitoring, you understand that we will attempt to automatically activate your monitoring benefits using the information you provided at time of your enrollment and that activation of your credit monitoring will take a minimum of seven (7) days to establish following your enrollment. If a credit bureau is unable to authenticate your identity using only this information, you will be sent notification outlining the additional action needed by you to authenticate your identity to establish your monitoring benefit(s). Upon activation of your monitoring benefits, your membership will automatically renew itself indefinitely unless you cancel according to the terms described herein, and we will charge the membership fee to the mortgage billing, credit card or bank account that was last used, at the prevailing rate, and your membership will continue automatically.
II. GENERAL DEFINITIONS, LIMITATIONS, EXCLUSIONS, AND BENEFIT DESCRIPTIONS
A. CREDIT REPORT, SCORE AND MONITORING
The terms and conditions for Credit Report, Score and Monitoring are provided by CSIdentity Corporation, an Experian Company. Credit Monitoring is provided by Experian. Credit Monitoring monitors one or more of your credit files, depending upon the type of Credit Monitoring you purchase, which are separately owned and/or maintained by each of the applicable credit bureaus: TransUnion LLC, Experian, and Equifax. Credit Monitoring monitors the credit file most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying information about you (including your name or address or Social Security number) is contained in the applicable credit bureau’s credit file of another person, and will not provide you with any information contained in another individual’s credit file. Credit Monitoring does not monitor, compare or cross-reference your credit file(s) with the credit files(s) of any other person.
Please remember that there are different processing times for the commencement of monitoring at each credit reporting bureau, therefore you may not be enrolled in all of them at the same time. Monitoring with Experian usually begins within 48 hours of enrollment. Monitoring with Equifax and Experian takes on average approximately 4 days to begin, though in some cases monitoring cannot be initiated during the trial period (if a trial period applies). Experian does not control and is not responsible for the enrollment process.
Your order of any three bureau credit monitoring product is conditioned upon successful enrollment by at least one credit bureau in its credit monitoring product. If no credit bureau is able to enroll you in its credit monitoring program, your order will be cancelled, and you will not receive alerts or monitoring of changes to any of your credit files. In the event that one or two credit bureaus, but not all three bureaus, are able to enroll you in their credit monitoring, credit monitoring will be provided by the bureau or bureaus that were able to enroll you; you will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their respective credit monitoring programs.
In the event you order a three-bureau credit monitoring product through this site (the “Site”), by placing your order, you agree that, if fewer than all three credit bureaus enroll you in their credit monitoring, Experian is authorized to monitor only the credit files at the bureau or bureaus that enrolled you. Any such credit monitoring will be provided at the price agreed upon; you will not be eligible for a price reduction, discount or refund. Experian will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring, but such notification may not occur during your trial period, if any.
1. FAIR CREDIT REPORTING ACT
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act, you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For more information visit the credit report section in the Learning Center, available from most pages of the Site.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
- You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
- You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
- You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
- You certify in writing that you are a recipient of public welfare assistance.
- You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
- In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained in the Learning Center or from the inaccuracies tab on your credit report. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by Experian Interactive..
Experian online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on Experian’s credit report make it easy for you to understand and manage your credit.
B. LIVE RESTORATION SERVICES
In the event the Member’s identity is stolen; Live Restorations Services entitles that Member to a dedicated ID Recovery Specialist who assists to restore their name and credit as quickly as possible.
If you become a victim of identity theft, you are assigned a dedicated ID Recovery Specialist who assists to restore your name and credit as quickly as possible. Your Investigator thoroughly manages the complex restoration process, helps prepare needed documents on your behalf, including FTC affidavits and dispute letters, acts on your behalf with creditors and relevant agencies, sends fraud alert notifications to all three national credit repositories, the Social Security Administration, FTC, US Postal Service, affected credit card companies, financial institutions, and more.
As a member, you will have access to a certified identity theft restoration specialist offering full-service identity restoration. Full-Service Identity Restoration Services includes:
- A certified identity theft restoration specialist assigned to identity fraud victims to provide full-service identity restoration over the duration of the case
- Use of a specialized limited power of attorney to work on the Subscriber’s behalf to restore the identity case, which frees them from that burden
- Interactive dispute letters to creditors and government agencies
- Interactive dispute letters to credit bureaus
- Interactive identity theft affidavit
The Lost Wallet Service provide members protection for personally identifiable information that has been compromised. These Services include:
- Protection for credit cards, debit/ATM cards, checkbooks, driver’s licenses, Social Security cards, insurance cards, passports, military identification cards, traveler’s checks and Medicare/Medicaid identification
- Support from restoration specialists in canceling and reissuing documents due to lost or stolen wallet or identity documents and information compromised outside of the lost wallet event
As a member, you have two options with the dedicated identity restoration resources. Without additional cost, you can select the option that is best for you. The Enhanced Restoration Option requires that you sign a Limited Power of Attorney. If you prefer not to provide a Limited Power of Attorney, you are still entitled to the Basic Counseling Services that provide you with the information you will need to take action independently.
C. SOCIAL SECURITY MONITORING AND/OR CYBER DETECTOR
The terms and conditions for Social Security Monitoring and/or Cyber Detector are provided by CSIdentity Corporation, an Experian Company.
YOU UNDERSTAND THAT BY CLICKING ON THE “I ACCEPT” BUTTON WHEN YOU ACTIVATE THIS BENEFIT, YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” AND WRITTEN AUTHORIZATION TO CSIDENTITY CORPORATION AND ITS EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA SOURCES AND SUPPLIERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, TO OBTAIN VARIOUS INFORMATION AND REPORTS ABOUT YOU (OR ABOUT YOUR CHILD(REN) THAT YOU HAVE ENROLLED, IF APPLICABLE) IN ORDER TO PROVIDE THE PRODUCTS AND/OR SERVICES TO YOU, INCLUDING, BUT NOT LIMITED TO, SOCIAL SECURITY MONITORING AND/OR CYBER DETECTOR, ADDRESS HISTORY REPORTS, NAME AND ALIAS REPORTS, AND TO PROVIDE VARIOUS MONITORING AND ALERTS..
D. FINANCIAL REIMBURSEMENT and EMERGENCY CASH / CASH RECOVERY:
Identity Fraud coverage is provided under a Blanket Insurance Policy issued by American Bankers Insurance Company of Florida to residents in all states, except NY and TX. In NY and TX coverage is provided under a Group Master Policy issued by American Bankers Insurance Company of Florida. American Bankers Insurance Company of Florida is located at 11222 Quail Roost Drive, Miami, FL 33157.
1. FINANCIAL REIMBURSEMENT COVERS:
We will reimburse the member for expenses and legal costs incurred by the member, less any deductibles set forth on the Declarations Page, as the direct result of the following:
A. Fraud or Embezzlement
For loss arising out of fraud or embezzlement perpetrated against the member, with an occurrence date during the term of the membership.
For loss resulting directly from theft of property related to the member’s information, checkbook, savings record, ATM access or securities from the member, with an occurrence date during the term of the membership, by a person from whom the member purchased goods or services.
For loss with an occurrence date during the term of the membership, resulting directly from forgery or alteration of checks, drafts, promissory notes, or similar written promises, orders or directions to pay money that are:
1. Made or drawn by or drawn upon the member’s account; or
2. Made or drawn by one purporting to act as the member’s agent.
D. Data Breach
For loss, with an occurrence date during the term of the membership, resulting directly from the misuse of member’s information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor or a securities firm, employer or other institution/company maintaining the member's personal information, that results in monies stolen from the member’s accounts or misuse of data to obtain property, credit or monies using the member’s information.
E. Stolen Identity Event
For loss resulting from a stolen identity event, including but not limited to a stolen identity event occurring on or arising out of the use of the Internet. The occurrence must be during the term of the membership.
Covered Expenses Include:
1. Costs incurred by the member for re-filing applications for loans, grants, or other credit that are rejected solely because the lender received from any source incorrect information as a result of the identity fraud;
2. Costs for notarizing affidavits or other similar documents, long distance telephone calls, travel and postage reasonably incurred as a result of the member’s efforts to report an identity fraud or amend or rectify records as to the member’s true name or identity as a result of an identity fraud;
3. Reasonable cost incurred by the member for up to six (6) credit reports from established credit bureaus (with no more than two (2) reports from any one credit bureau) dated within twelve (12) months after the member's discovery of an identity fraud, and costs incurred for contesting the accuracy or completeness of any information contained in a credit report following an identity fraud;
4. Payment for reasonable expenses incurred that were a result of recovery from an identity fraud such as; credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees, expert witness or courier fees;
5. Actual lost base wages that would have been earned in the United States, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the member’s true name or identity as a result of an identity fraud. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days and excludes sick days, business interruption and future earning of a self-employed professional. Coverage is limited to base wages within twelve (12) months after discovery of an identity fraud. Base wages must be supported by and based on prior year tax return;
6. Child or elderly care costs that would have otherwise not been incurred, resulting from time reasonably and necessarily taken away from providing such care as a result of efforts to amend or rectify records as to the member’s identity as a result of an identity fraud;
7. Reasonable and necessary cost incurred by member for ordering medical records for the purpose of amending and/or rectifying these documents as a result of identity fraud.
8. Reasonable and necessary costs incurred by association member for the replacement of identification cards, driver licenses and passports as a result of an identity fraud;
9. Reasonable and necessary costs, up to a maximum of $125 per hour, incurred by association member associated with the use of any investigative agency or private investigator engaged to amend or rectify records as to association member’s true name or identity as a result of an identity fraud. We reserve the right to select such investigative agency or private investigator; however, with our express prior written consent, association member may elect such investigative agency or private investigator;
10. Reasonable and necessary costs, up to a maximum of $125 per hour, incurred by association member associated with the use of any certified public accountant engaged to amend or rectify records as to association member’s true name or identity as a result of an identity fraud. We reserve the right to select such certified public accountant; however, with our express prior written consent, association member may elect such certified public accountant.
Covered Legal Costs Include:
Costs for reasonable fees for an attorney appointed by us from our legal network provider or costs, up to a maximum of $125 per hour, for reasonable fees for an attorney selected by the member and related court fees, incurred by the member with our consent, for:
a. Defense of any legal action brought against the member by a merchant, creditor or collection agency or entity acting on their behalf for non-payment of goods or services or default on a loan as a result of the identity fraud;
b. Defense of or the removal of any civil judgments wrongly entered against the member as a result of identity fraud;
c. Challenging the accuracy or completeness of any information in member’s consumer credit report, medical history or tax history, as a result of identity fraud;
d. Member’s initial consultation with a lawyer to determine the severity of and appropriate response to an identity fraud; and
e. Defending criminal charges brought against the member as a result of identity fraud; however, criminal defense related fees and expenses will only be paid after it has been established the member was not in fact the perpetrator.
2. EMERGENCY CASH / CASH RECOVERY COVERS:
Emergency Cash or Cash Recovery will provide the member a benefit limited to payment amount selected at time of enrollment, and indicated within their membership account information thereafter, for one (1) occurrence within any twelve (12) consecutive months of the term of the membership in the event the member experiences one of the following events:
A. Emergency Cash - member reports wallet lost or stolen to a law enforcement agency while traveling at least 100 (one hundred) miles from home;
B. Cash Recovery - traditional credit cards, pre-paid credit cards, and debit card deductibles or in the event of an unauthorized electronic fund transfer we will reimburse the member for unrecoverable funds, exclusive of interest, directly drawn from or removed through an unauthorized electronic fund transfer from the member’s mobile device (smart phone), or other financial account, due to an act of fraud, embezzlement, theft, forgery or other data breach which have not been recovered.
3. FINANCIAL REIMBURSEMENT and EMERGENCY CASH / CASH RECOVERY DOES NOT COVER:
A. loss due to any fraudulent, dishonest or criminal act by the member or any person acting in concert with the member, or immediate family member, whether acting alone or in collusion with others;
B. loss resulting directly or indirectly from any errors or omissions occurring in the following actions:
1. the input of data to any computer system; or
2. the processing of data by any computer system; or
3. the manual or electronic processing of any output produced by any computer system;
C. loss resulting directly or indirectly from the voluntary surrendering by the member of any access device, in whole or in part, to any person or entity;
D. loss resulting from any unintentional clerical error in the transfer from or debit of any account of the member which is initiated by a financial institution, or any employee(s) thereof. However, this exclusion shall not apply to a fraudulent act of an employee(s) of a financial institution where said employee(s) is acting without the permission or instruction of their employer;
E. loss in connection with any pre-authorized transfer from any account to or for the benefit of a financial institution, or to any other account of the member;
F. indirect or consequential loss of any nature;
G. loss of potential income not realized by the member;
H. loss other than expenses (not applicable for Cash Recovery);
I. loss resulting from an identity fraud that was discovered prior to the effective date of this Policy;
J. loss arising out of business pursuits of the member;
K. loss of valuable papers, valuable documents, jewelry, silverware and other personal property including the philatelic value of stamps and the numismatic value of coins not in circulation;
L. property damage, bodily injury or personal injury;
M. losses incurred from financial performance of any investment of financial product;
N. loss from games of chance;
1. Specific to Financial Reimbursement coverage - Recovery of actual financial losses of any kind from acts of fraud or identity theft (not applicable to Cash Recovery and Emergency Cash;
2. Specific to Cash Recovery coverage - this policy does not cover losses other than traditional credit cards and debit card deductibles, or unrecoverable funds, exclusive of interest drawn from or removed through an unauthorized electronic fund transfer from the association member's mobile device (smart phone) or other financial account. All other monetary devices are excluded (not applicable to Financial Reimbursement and Emergency Cash);
P. For Emergency Cash/ Cash Recovery losses other than traditional credit cards, pre-paid credit cards, and debit card deductibles, cash and funds directly drawn from a mobile device (smart phone), checking and savings account. All monetary devices are excluded;
Q. any loss, claims or damages that are not covered under the terms and provisions of this Policy;
R. for legal fees in excess of $125 per hour;
S. any loss which occurred while the member was not active and paid member.
4. CLAIM PROCEDURES:
Upon knowledge or discovery of loss or of an occurrence that may give rise to a claim under the terms of the membership agreement, the member is responsible for the following:
A. Give notice as soon as practicable to: (a) the appropriate authority and affected institutions, if applicable; and (b) us or any of our authorized agents. If the loss involves a violation of law, the member shall also notify the police. The member must submit a copy of the police report when filing a claim.
B. File detailed proof of loss, duly sworn to, with us within 60 days after the discovery of loss.
C. Take all reasonable steps to mitigate loss resulting from identity fraud including, but not limited to, requesting a waiver for any applicable fees, loan application fees or credit bureau fees
D. Upon our request, submit to examination by us, and subscribe the same, under oath if required.
E. Upon our request, cooperate to help us enforce legal rights against anyone who may be liable to the member to include giving evidence and attending depositions, hearing and trials.
F. Immediately forward to us any notice, summons or legal papers received by the member in connection with the loss or identity fraud;
G. Produce all pertinent records for our examination;
H. Cooperate with us in all matters pertaining to loss claims;
all at such reasonable times and places as we shall designate.
The member shall not voluntarily assume or admit any liability, nor, except at said member’s own cost, voluntarily make any payment or incur any expense without our prior written consent, (such consent not to be unreasonably withheld).
The member shall keep books, receipts, bills, and other records in such manner that we can accurately determine the amount of any loss. At any time, subsequent to the reporting of the loss to us, we may examine and audit the member’s books and records as they relate to a loss under this policy.
E. LEGAL NETWORK ACCESS, SOCIAL SECURITY MONITORING, CREDIT EDUCATION SPECIALISTS, MY VIRTUAL SAFE, CYBER DETECTOR:
If your plan includes one or more of the above services, you may access and use them in accordance with the procedures as outlined within the member site. Your member site address can be found within the enrollment confirmation email you received.
III. USE OF MEMBERSHIP Your membership is nontransferable and may be used only by the member.
IV. LIMITATION OF LIABILITY
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANANOR ITS AFFILIATES OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, CANA AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIP, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER CANA NOR ITS AFFILIATES OR SUPPLIERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIP, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, IF LIABILITY IS IMPOSED UPON CANA, THEN YOU AGREE THAT CANA´S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM CANA’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CANA FOR THE PRODUCT(S) YOU PURCHASE FROM CANA.
V. GOVERNING LAW
This agreement shall be governed by Florida law. The parties agree to submit to the personal and subject matter jurisdiction of the applicable court of Miami-Dade County, Florida.
VI. ENTIRE AGREEMENT
Any dispute arising between you and CANA will be submitted to arbitration in Miami, Florida, in accordance with the rules of the American Arbitration.
Effective Date March 31, 2011
Revised Effective Date September 1, 2021