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Financial Services Law Insights and Observations

FTC takes action against background check company for misleading practices

Federal Issues FTC FCRA Consumer Reporting Agency TSR ROSCA DOJ Consumer Reporting

Federal Issues

On July 27, the FTC announced the DOJ, on behalf of the FTC, filed a complaint in the U.S. District Court for the Central District of California alleging a background report company used misleading billing and marketing practices in violation of several consumer protection laws. According to the complaint, the background report company’s marketing practices included suggesting that individuals’ reports contained arrest, criminal, sexual offender, bankruptcy, and other records that the reports did not actually include. The complaint alleges the company used these practices to induce users to purchase subscriptions to access background reports. The complaint asserts the company’s practices violated the FTC Act by making false or misleading representations about the criminal records of searched individuals, and that the company violated the Telemarketing Sales Rule and the Restore Online Shoppers’ Confidence Act by materially misrepresenting the benefits of a company subscription; the refund and cancelation policies; and the negative-option features of the subscription.

Moreover, the complaint asserts the company qualifies as a consumer reporting agency under the FCRA, as it “regularly assembles and evaluates information on consumers into consumer reports that, for a fee, it then provides to customers online through interstate commerce.” The complaint argues the company violated the FCRA by failing to maintain reasonable procedures to (i) verify how its reports would be used; (ii) ensure the information was accurate; and (iii) make sure that the information it sold would be used only for legally permissible purposes.

The FTC is seeking a permanent injunction, restitution, and civil money penalties.

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