The Consumer Financial Protection Bureau and the Federal Deposit Insurance Corporation announced the agreement Monday, following a joint investigation that found Discover's telemarketing and sales strategies misled consumers about additional products that can be bought when opening credit cards.
In addition to refunding customers, Discover Bank, a subsidiary of Discover Financial Services (DFS, Fortune 500), will pay a $14 million penalty that will be split between the two regulators.
The agencies said Discover telemarketers used deceptive language to convince cardholders to pay for identity theft protection, credit score tracking, wallet protection, and payment protection, which lets certain cardholders defer credit card payments for up to two years.
"Discover's telemarketing scripts contained many misrepresentations, implying that these products were free of charge and simply 'added benefits,'" said CFPB director Richard Cordray on a press call. "[Investigators from the CFPB and FDIC] listened to numerous recorded sales calls where Discover's telemarketers spoke unusually fast when explaining the cost and product terms, and even processed purchases without the consent of consumers."
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The CFPB and FDIC also found that in some cases, sales representatives were paid incentives when they enrolled customers in these products
The $200 million will be given to cardholders who purchased credit protection products over the phone from December 2007 to August 2011, with customers receiving an average refund of roughly $57 for the fees they paid.
Fees for Discover's credit products varied, with the credit score tracker costing $7.99 a month and the identity theft protection costing $9.99 a month, the agencies said. The amount each customer will be refunded depends on what the product was, when it was purchased and how long the customer had it.