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 filed a complaint alleging that GovAssist LLC, Entry LLC, and Scott Zuckerman used deceptive paid search ads, misleading service and pricing claims, and fake reviews to deceive consumers seeking passport services. The complaint alleges violations of the FTC Act, the Impersonation Rule, and the Gramm-Leach-Bliley Act; the case will be decided by the court, and no penalty or remedy is reported as imposed.
The FTC issued its annual report to Congress describing fraud trends affecting older adults and the agency’s enforcement, education, and outreach efforts. The report is not a specific privacy enforcement action and announces no penalty or remedy.
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.
$106.8M
A federal court entered a $106.8 million default judgment against corporate defendants in an alleged debt-relief scheme that impersonated banks and government entities and targeted seniors and veterans. The judgment permanently bans the defendants from the debt-relief industry and imposes additional prohibitions, including on impersonation, telemarketing, and misrepresentations.
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.