Penalty Amount
$33,900,000
The FTC and DOJ settled with MyLife.com, Inc. and its CEO for deceiving consumers with misleading background reports that falsely implied criminal records and for engaging in difficult-to-cancel subscription practices. MyLife violated the Fair Credit Reporting Act, Restore Online Shoppers’ Confidence Act, and Telemarketing Sales Rule. The settlement includes a permanent ban on negative option marketing, $33.9 million in judgments for consumer refunds, and a monitoring program.
Permanent ban on negative option marketing, $33.9 million in judgments for consumer refunds (with $16 million partially suspended), and requirement for MyLife to implement a monitoring program for FCRA compliance.
In-house legal teams should review all customer-facing subscription agreements, service terms, and any vendor/data provider contracts where background reports are involved. Key clauses to scrutinize include: negative option/auto-renewal provisions, cancellation and termination procedures (ensuring they are simple and not 'difficult-to-cancel'), disclosures related to report content and limitations (especially regarding criminal/arrest records), billing and payment terms, refund policies, and any representations about data accuracy. Given the FCRA violation, contracts involving consumer reports must include robust compliance warranties and indemnification clauses. Changes may be needed to simplify cancellation processes, add clear, non-misleading disclosures about what reports contain (or do not contain), implement explicit consent for billing cycles, and strengthen FCRA-related obligations and audit rights.
Entity
MyLife.com, Inc.
Also known as: MyLife.com
Industry
Data BrokerOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2021/12/ftc-doj-obtain-ban-negative-option-marketing-21-million-consumers-deceived-background-report
1823022mylifestipulatedorder
https://www.ftc.gov/system/files/documents/cases/1823022mylifestipulatedorder.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"MyLife.com, Inc."
"Tinsley and MyLife agreed to separate judgments totaling $33.9 million."
"violated the Fair Credit Reporting Act (FCRA)"
"violated the Restore Online Shoppers’ Confidence Act"
"violated the Telemarketing Sales Rule"
"deceived consumers with misleading 'teaser background reports'"
The FTC filed a complaint against MyLife.com, Inc. and its CEO for deceiving consumers with 'teaser background reports' that falsely claimed to include criminal and arrest records, and for violating the Fair Credit Reporting Act by failing to ensure accuracy and permissible purpose. The company also engaged in misleading billing practices under the Restore Online Shoppers’ Confidence Act and Telemarketing Sales Rule.
The FTC referred a complaint against REPS & Company Inc. and company executives, alleging they bypassed ticket-issuer security controls and purchasing limits to acquire millions of tickets for resale. The complaint was filed by the Department of Justice, and the case will be decided by the court; the press release does not report a penalty or other remedy imposed.
The FTC sued Digital Forensics Corporation LLC and affiliated defendants, alleging they misled sextortion victims with promises of investigative and monitoring services that often were not provided, and used fake positive reviews. A federal court granted the FTC’s request to temporarily halt the defendants’ activities; the complaint remains for the court to decide.
The FTC alleged that Greenway Auto Group advertised vehicle prices thousands of dollars below the amounts consumers actually paid and used mailers falsely suggesting recipients had won cash prizes. Greenway agreed to an order requiring transparent pricing and prohibiting deceptive prize mailers and other misrepresentations; the press release does not state a monetary penalty.
The FTC sent warning letters to 24 large healthcare services companies, cautioning that incomplete, inaccurate, or untimely pricing information for scheduled medical care may be unfair or deceptive. The letters urge recipients to review their price-disclosure practices and take corrective action; they announce no fine or formal order.
$1.9M
The FTC alleged that Premier Franchising Group LLC and Franchise Fastlane LLC made deceptive and unsubstantiated claims about the Premier Martial Arts franchise opportunity and violated the Franchise Rule. The proposed settlements require the companies to pay a combined $1.85 million to compensate franchisees, prohibit certain misrepresentations, and require Franchise Rule compliance; certain franchisees may also cancel their agreements without penalty.