Penalty Amount
$5,800,000
The FTC settled with background report providers TruthFinder and Instant Checkmate, charging they deceived consumers about the accuracy of their reports (often mischaracterizing traffic tickets as criminal records) and violated the Fair Credit Reporting Act (FCRA) by operating as consumer reporting agencies without following its requirements, including ensuring accuracy and limiting permissible purposes. The companies will pay a $5.8 million penalty and implement a comprehensive FCRA compliance monitoring program.
Under the proposed order, TruthFinder and Instant Checkmate must pay a $5.8 million penalty. They are permanently prohibited from misrepresenting report accuracy and from failing to comply with the FCRA when operating as consumer reporting agencies. They must establish a comprehensive monitoring program to ensure FCRA compliance, mandate that endorsers disclose material connections, and monitor such endorsers.
In-house legal teams should review vendor agreements with background report providers to ensure clauses mandate strict FCRA compliance, accuracy certifications, and permissible use restrictions. For organizations acting as consumer reporting agencies, customer agreements must incorporate FCRA-required disclosures, accuracy guarantees, and audit rights. Key clauses to examine include data accuracy representations, compliance warranties, indemnification for FCRA violations, and limitations on use for employment or tenant screening. Recommended changes may involve adding FCRA compliance addendums, requiring regular accuracy audits, implementing robust data source verification protocols, and clarifying permissible purpose definitions to avoid misuse.
Entity
TruthFinder; Instant Checkmate
Industry
Data BrokerOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2023/09/ftc-says-truthfinder-instant-checkmate-deceived-users-about-background-report-accuracy-violated-fcra
truthfinder complaint
https://www.ftc.gov/system/files/ftc_gov/pdf/truthfinder_complaint.pdf
truthfinder proposed order
https://www.ftc.gov/system/files/ftc_gov/pdf/truthfinder_proposed_order.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"TruthFinder and Instant Checkmate"
"pay a $5.8 million penalty"
"deceived consumers about whether consumers had criminal records and that the companies violated the Fair Credit Reporting Act (FCRA) by operating as consumer reporting agencies while, among other things, failing to ensure the maximum possible accuracy of their consumer reports"
"failed to investigate and respond to consumer complaints about inaccuracies in their reports, as required by the FCRA"
"marketing and sold those reports for employment and tenant screening purposes"
"Fair Credit Reporting Act (FCRA)"
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.
The FTC, Utah, and Nevada sued Lens.com Inc., alleging that it advertised artificially low contact lens prices while hiding mandatory checkout charges and misleading consumers about its AutoRefill subscription. The complaint seeks to stop the alleged practices; the court has not yet decided the case, and no penalty or remedy has been imposed.