FTC / DOJ v. TruthFinder, Instant Checkmate & The Control Group
Enforcement actionU.S. District Court, S.D. Cal. · Stipulated order announced Sept 11, 2023 · FCRA + FTC Act
- Civil penalty
$5.8 million
- Defendants
TruthFinder · Instant Checkmate · The Control Group Media · Intelicare Direct · PubRec
- Core finding
Operated as consumer reporting agencies despite disclaimers
- Commission vote
3-0
The FTC alleged the companies assembled and sold background reports marketed for employment and tenant screening - making them consumer reporting agencies regardless of their disclaimers - without ensuring maximum possible accuracy, without checking permissible purpose, and without investigating disputes. The deception counts read like a product tour. Push notifications and marketing emails claimed subjects had criminal or arrest records when the record was sometimes a traffic ticket; "the MOST ACCURATE information" was claimed with no verification steps behind it; a "Remove" button only hid information from that one customer's own view; "Flag as Inaccurate" triggered no investigation; and customers got free premium reports for posting HighYa reviews without the required disclosure. The stipulated order imposes a comprehensive FCRA monitoring program, permanently prohibits FCRA violations when operating as a CRA, bars accuracy misrepresentations, and requires endorser monitoring. The press release notes sibling Instant Checkmate was already under a 2014 FTC order for similar conduct.




















