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SettlementHigh Risk

FTC Settles TruthFinder, Instant Checkmate for $5.8M Over FCRA Violations

TruthFinder; Instant CheckmateSeptember 11, 2023Federal Trade Commission

Penalty Amount

$5,800,000

Summary

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.

Remedy

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.

Monetary PenaltyConsent DecreeInjunctionCompliance ProgramCorrective Notice

Contract Impact

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.

Contract Search Terms

consumer reporting agencyFCRA complianceaccuracy certificationpermissible purposebackground report accuracydata source verificationemployment screeningtenant screeningreporting standardsmisrepresentation clause

Laws Cited

Fair Credit Reporting Act (FCRA)

Violation Types

Entity Details

Entity

TruthFinder; Instant Checkmate

Industry

Data Broker

Official Sources

Source Evidence

Entity Name
"TruthFinder and Instant Checkmate"
Fine Amount
"pay a $5.8 million penalty"
Violation Types
"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"
Violation Types
"failed to investigate and respond to consumer complaints about inaccuracies in their reports, as required by the FCRA"
Violation Types
"marketing and sold those reports for employment and tenant screening purposes"
Laws Cited
"Fair Credit Reporting Act (FCRA)"

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