ACTIVE Network, LLC
On October 18, 2022, the Bureau filed a lawsuit in the United States District Court for the Eastern District of Texas against ACTIVE Network, LLC, a payment processor owned by Global Payments, Inc., with its headquarters in Plano, Texas. ACTIVE provides enrollment and payment processing services to organizers of charity races, youth camps, and other events. The Bureau alleges that ACTIVE engaged in deceptive and abusive acts and practices in violation of the Consumer Financial Protection Act of 2010 (CFPA) by enrolling consumers in and charging them for discount club memberships without their knowledge, consent, or a full understanding of the material terms of the transaction. ACTIVE does this by inserting a webpage into the online event registration and payment process that provides an offer for a free trial enrollment in a discount club membership called “Active Advantage.” Many consumers click on the highlighted call to action button—which is typically labeled “Accept”—because they believe that by doing so, they are accepting charges to participate in an event. Instead, consumers are enrolling in a trial membership in Active Advantage, which automatically converts to a paid subscription with an annual fee, unless consumers opt out by canceling their membership within 30 days. The Bureau also alleges that ACTIVE violated the Electronic Fund Transfer Act (EFTA) and Regulation E when it increased consumers’ membership fees without sending the consumer written notice of the new amount and the date of the new payment at least 10 days before initiating the new payment. The violations of EFTA and Regulation E also constitute violations of the CFPA. The Bureau seeks redress to consumers, disgorgement, appropriate injunctive relief, and the imposition of civil money penalties.