P&A Providers & Administrators
MenuMENU
SearchSEARCH

US Fidelis, AGs Reach Settlement

November 9, 2010
3 min to read


HARRISBURG, Pa. — Pennsylvania Attorney General Tom Corbett has announced that he and the attorneys general for 10 other states have reached a settlement with US Fidelis, the St. Louis-based vehicle service contract provider that was forced into bankruptcy in April after being charged with false and deceptive business practices.


Nils Frederickson, spokesman for the Pennsylvania Office of Attorney General, said that the case and the settlement represent a solid victory for car buyers and a cautionary tale for unscrupulous marketers.

Ad Loading...


“This case should serve as clear warning: There are lines you can’t cross,” Frederiksen told F&I and Showroom. “The rules that are in play, if you look at it from our perspective, are to the benefit of everyone.”


At the heart of Corbett’s investigation were claims that US Fidelis repeatedly and systematically ignored federal Do-Not-Call rules, among other violations. The other states included in the settlement are Arkansas, Idaho, Iowa, Kansas, North Carolina, Ohio, Oregon, Texas, Washington and Wisconsin.


The company had been under investigation since 2008, a year in which US Fidelis employed more than 1,000 workers and generated $246.5 million in revenue. The first signs of trouble appeared late in the year, when BMW North America sued the company for using its name and logo in US Fidelis’ marketing efforts. Subaru followed with a similar suit in January 2009.


The manufacturers’ complaints were soon followed by a flood of reports from customers to the Better Business Bureau, each accusing US Fidelis of either pressuring or misleading them into purchasing a service contract or failing to pay claims. The company became the subject of more than 33,000 inquiries and 1,100 complaints from all 50 states in a 36-month period.


When executives failed to respond to a subpoena for documents from the Missouri Department of Insurance, the agency forced the issue by filing a suit against the company in April 2010. The multistate investigation that followed forced US Fidelis, a company the owners once claimed to be the leading U.S. provider of vehicle service contracts, into bankruptcy the same month.

Ad Loading...


The terms of the bankruptcy settlement will require the company’s owners, brothers Darain and Cory Atkinson, to surrender at least 90 percent of their assets. That includes a stake in 20 related corporations and $10.5 million dollars’ worth of personal property, including Darain Atkinson’s 40,000-square-foot Missouri mansion, a 50-foot yacht, and 35 other boats, cars and motorcycles.


More importantly, the Atkinsons agreed to no longer engage in certain business practices in the states covered by the settlement agreement.


“They are subject to a broad-based prohibition from the vehicle service contract business,” Frederiksen said. “Unless they’re working directly for a dealership, and are selling service contracts on the dealership’s behalf, they’re out of the business.”


That prohibition includes any telemarketing in the Commonwealth of Pennsylvania, and the Atkinson brothers also are barred from engaging in any business that misleads or makes misrepresentations to customers or targets senior citizens.


Due in part to the sheer volume of existing US Fidelis contracts, Frederiksen said his office’s responsibilities to the case are ongoing. “We’re willing to address any complaints,” he said. “Many consumers made a valid purchase, and any claims should be covered. However, it’s important to note that, in this case, it was the overstatement of the type and scope of the coverage that got the company in trouble.”

More Industry

Photo of gray SUV plugged into public electric-vehicle charger in parking lot
Industryby Hannah MitchellJuly 21, 2026

World EV Adoption Set to Grow

A new report says the segment, despite recent setbacks in some regions, is poised for acceleration as many countries look to reduce pollution.

Read More →
Bar chart of truck and SUV segments' weekly value change
Industryby StaffJuly 21, 2026

Black Book: Weekly Market Update

Wholesale automotive auction business stayed steady last week as bidders encountered lower prices, analysts observed.

Read More →
laptop with blue car on screen on a shopping website, Clear Costs Convert
Industryby Lauren LawrenceJuly 21, 2026

Pricing Transparency Drives Purchase Consideration

An annual study by JD Power found that clear pricing matters to consumers on automaker websites, so much so that it increases their purchase consideration.

Read More →
Ad Loading...
Bar graphic of used-car segment weekly change
Industryby StaffJuly 14, 2026

Black Book: Weekly Market Update

Used-vehicle market depreciation was the prevailing story in the wholesale market last week.

Read More →
Light-blue Fiat car parked on a sunny Chicago street
Industryby Hannah MitchellJuly 14, 2026

Smaller Is Looking Better

A growing number of Americans in the market for a new vehicle are opting for more affordable options, not waiting for market stability to bite the bullet.

Read More →
man sitting at desk using calculator with charts in front of him, to-go coffee cup on desk, rising and falling data chart in front
Industryby Lauren LawrenceJuly 14, 2026

U.S. EV Market Slowly Stabilizes

U.S. electric-vehicle interest is slowly stabilizing since a major dip in sales after last year's end of the federal EV tax credit, and hybrids remain the leading electrified power train.

Read More →
Ad Loading...
blue background, map of the world with connecting lights and an electric vehicle emblem in the middle
Industryby Lauren LawrenceJuly 8, 2026

Global EV Market Entering New Phase

Automakers are making investments to lower battery costs and optimize production to meet changing consumer needs.

Read More →
Bar chart showing week-over-week wholesale automotive price change
Industryby StaffJuly 7, 2026

Black Book Weekly Market Update

The holiday weekend, not surprisingly, put a drag on wholesale automotive activity last week, analysts observed.

Read More →
Photo of Honda CR-V SUV on two-lane road next to roadside trees
Industryby Hannah MitchellJuly 1, 2026

Auto Affordability in Context

Cox Automotive points out the complex circumstances that have led to eye-popping vehicle prices.

Read More →
Ad Loading...
Line chart of used-vehicle days to turn over past week
Industryby StaffJune 30, 2026

Black Book: Weekly Market Update

Automotive auction inventory increased last week, giving choosy bidders even more leeway.

Read More →