They Invented Your Criminal Record to Sell You a Subscription
What It Felt Like to Find Your Own Mugshot That Doesn’t Exist
Picture this. You’re applying for a new apartment. The landlord runs a check. Days pass. Then you get the call: there’s a problem with your background. You don’t know what it says. You don’t know how to fix it. You don’t even know what service the landlord used.
So you do what any reasonable person does. You look yourself up. You find TruthFinder or Instant Checkmate. You type in your own name. And there it is. Before you’ve even paid a cent, a banner screams at you: “The arrest records section of your report WILL SHOW arrest or conviction records associated with [your name].” Fake case numbers appear. The clock ticks. The interface pulses with urgency.
You pay the $27 subscription fee. Maybe the $34 one. The report loads. The “criminal records” section is empty — or it lists a speeding ticket from 2011. The terror you felt was manufactured. The money is gone. And the inaccurate data that started this whole spiral? Still in the database. Still visible to every employer, landlord, or suspicious ex-partner who searches your name tomorrow.
Now imagine you try to fix it. You find a button that says “Remove.” You click it. The item vanishes from your screen. Relief. Then you find out — maybe months later, from a family member who looked you up — that nothing changed. The item is still there. TruthFinder’s own FTC complaint confirms that removed data stayed visible to every other user. The company took no action, ran no investigation, and told no one that the information had been disputed. They just made it disappear from your view, like closing your own eyes and calling the room dark.
You try “Flag as Inaccurate.” A pop-up arrives. It asks you to describe the problem. You fill it out carefully. You click the green button. A second pop-up tells you the data “has been flagged” and “Our data team will review this information.” That was a lie. The FTC says flatly: Defendants took no action to investigate, modify, or correct flagged reports. The pop-up was theater. The data team review that never happened was a promise designed to make you stop complaining and keep paying.
The people most exposed to this harm were ordinary people searching for safety — parents trying to vet a nanny, tenants with no money to fight an inaccurate background check, job applicants who couldn’t understand why they kept getting rejected. These consumers were not collateral damage in a complex financial scheme. They were the product. Their fear was the revenue model.
And the company knew. Thousands of consumers filed complaints about inaccuracies. The FTC complaint documents that in numerous instances, consumers told TruthFinder and Instant Checkmate their data was wrong — and were directed to click the useless “Remove” or “Flag” buttons as if that would help. The company did not fix the data. It fixed the complaint. Two entirely different things.
“Defendants have represented that individuals have criminal or arrest records that can be viewed by visiting the TruthFinder or Instant Checkmate website… In numerous instances, Defendants’ representations… have been false, including because the individuals’ TruthFinder or Instant Checkmate reports do not contain criminal or arrest records, or contained only non-criminal traffic violations.”
There is a specific quality to the humiliation of being falsely tagged as a criminal. It is not the same as a billing dispute or a broken product. It attaches to your name. It follows you into job applications, lease agreements, first dates, family Google searches. You cannot recall it the way you return a defective appliance. And TruthFinder’s business model depended on that stickiness — the harder the false record is to remove, the more desperate consumers become, and the more likely they are to stay subscribed, keep clicking, keep paying.
Verbatim: What the FTC Complaint Actually Says
The following are direct quotes from the Federal Trade Commission’s complaint filed September 11, 2023 in the Southern District of California. Every word is sourced. Nothing is paraphrased.
“Defendants have represented that individuals have criminal or arrest records that can be viewed by visiting the TruthFinder or Instant Checkmate website in advertisements that have been displayed in response to Google and Bing searches for proper names. For example, if a consumer searched for the name ‘John Smith,’ the consumer might have been shown an advertisement stating: ‘John Smith May Have Arrests,’ ‘Check John Smith’s Arrests,’ or ‘Find criminal records, phone, address, & more on John Smith.'”FTC Complaint, Paragraph 26
What This Proves:
- The company dynamically inserted real consumers’ actual names into fear-based ad copy, making the lie feel personally targeted. This was a mass-personalization deception engine, not an isolated bad ad.
- These ads appeared in Google and Bing search results, meaning the false arrest implications were served at scale to anyone who searched a person’s name — including that person searching their own name.
- The FTC’s use of “numerous instances” indicates this was a systematic pattern, not an accident or a one-time technical glitch.
“When a customer clicks the ‘Remove’ button next to an item of information in a background report, the item disappears from the report as displayed to that customer. However, items of information ‘removed’ from background reports remain visible to other customers who search for the same person.”FTC Complaint, Paragraph 33
What This Proves:
- The “Remove” button was, by design, a local display trick. It gave the person whose data was wrong a false sense of resolution while leaving every other user’s view completely unchanged.
- This architecture — where only the data subject sees the “fix” — maximally benefits the company: it reduces complaints and cancellations while preserving the data product’s value to paying subscribers searching other people’s names.
- This is the technical definition of deceiving a consumer: showing them one reality while showing others a different one.
“Defendants take no action to investigate the accuracy of flagged reports, to modify the contents of the report, to indicate to other customers that the reports have been ‘flagged,’ or otherwise to correct the specific reports that have been flagged.”FTC Complaint, Paragraph 39
What This Proves:
- The pop-up message telling users “Our data team will review this information” was an affirmative lie. There was no review. The FTC’s allegation is total: no action, no modification, no notification to other users.
- This directly violates FCRA Section 611(a)(1)(A), which mandates a free reinvestigation within 30 days of a consumer dispute. The FTC treats each instance of non-compliance as a separate violation eligible for its own civil penalty.
- Directing customers to use these fake buttons “to remedy inaccuracies” (per Paragraph 40) means the company actively routed disputes into a dead end while the clock on any real legal remedy kept ticking.
“Defendants promised to provide consumers one free premium report credit in exchange for posting a review of Defendants’ products on HighYa. Each premium report credit could be redeemed for a ‘premium’ TruthFinder or Instant Checkmate report. A premium TruthFinder report cost approximately $17.99. A premium Instant Checkmate report cost approximately $19.99. Defendants did not advise customers to disclose, and few, if any disclosed, that they were offered a premium report credit in exchange for posting a review.”FTC Complaint, Paragraphs 45–47
What This Proves:
- The company paid for positive reviews — in kind, with product credits — and then presented those reviews to the public as organic consumer opinions. This is textbook deceptive endorsement under FTC Act Section 5(a).
- HighYa’s own published guidelines explicitly warn merchants that offering free products for reviews “creates a feeling of obligation among reviewers to only leave 5-star feedback” and violates HighYa’s Terms and Conditions. The company proceeded anyway.
- The goal, per Paragraph 43, was specifically to drown out negative reviews — meaning the scheme was engineered to suppress legitimate consumer grievances from prospective buyers trying to make informed decisions.
“In 2014, Instant Checkmate entered into a consent order to settle Plaintiff’s allegations that Instant Checkmate failed to comply with requirements of the FCRA while promoting its background screening products for use in employment and tenant screening. […] Defendants were on notice that their use of these keywords implicated the FCRA because, in 2014, Instant Checkmate entered into a consent agreement to settle allegations that it failed to comply with requirements of the FCRA while promoting its backgrounds screening products for use in employment and tenant screening, including by using search engine advertising keywords that relate to employment and tenant screening.”FTC Complaint, Paragraphs 7 and 62
What This Proves:
- Instant Checkmate was explicitly warned by the federal government in 2014 that using employment and tenant screening keywords without FCRA compliance was illegal. They signed a consent order. They did it again anyway, for at least six more years.
- The FTC specifically uses the phrase “were on notice” — a legal term of art establishing that subsequent violations were knowing and intentional, which triggers the higher civil penalty threshold under FCRA Section 621(a)(2).
- This prior consent order transforms the new complaint from a first-offense situation into a documented pattern of recidivism, which materially increases the available civil penalties and the likelihood of a court granting permanent injunctive relief.
“Defendants’ accuracy claims have been displayed to consumers millions of times, and in hundreds of thousands of instances consumers have clicked on these ads and been directed to the TruthFinder or Instant Checkmate websites.”
The Population-Scale Damage
Public Health: The Psychological Cost of False Criminal Records
The FTC complaint documents a pattern of consumer harm that extends well beyond financial loss into documented psychological distress, erosion of trust, and barriers to basic life stability.
- Thousands of consumers filed complaints with the companies about inaccuracies in their own background reports. These were not passive observations; they were active distress signals from people whose reputations, housing access, or employment were on the line.
- The false criminal record display — complete with fabricated case numbers and language stating reports “WILL SHOW arrest or conviction records” — is a documented vector for acute psychological harm. Being falsely identified as having a criminal history triggers fear, shame, and anxiety, even before any third party has seen the report.
- The company’s routing of consumer disputes into fake resolution buttons (confirmed dead ends) extended the harm indefinitely. Consumers who believed they had corrected their records continued to be exposed to denial of housing, employment, and financial services with no actual recourse taken on their behalf.
- The Guardian Protection Suite, available to TruthFinder subscribers from 2018 to 2020, allowed subscribers to edit reports about other people — adding information that TruthFinder made no attempt to verify. This created a secondary harm vector: anyone with a grudge could contaminate a target’s background report with unvetted information.
Economic Inequality: Who Bears the Cost of Manufactured Fear
The revenue model at the center of this case transferred money from ordinary consumers — many of them searching for basic safety information — to a corporate structure generating nearly $200 million per year through manufactured urgency and false data.
- Subscriptions cost $27–$34 per month and auto-renewed unless the subscriber took explicit action to cancel. Consumers tricked by false criminal record claims into subscribing were not simply buying a product; they were being enrolled in a recurring billing trap on the basis of a lie.
- The consumers most harmed by inaccurate background reports are systematically those with the least power to fight back: renters with limited housing options, job seekers in competitive markets, and gig workers whose income depends on passing screening checks run by platforms and landlords using services like these.
- Because the “Remove” and “Flag as Inaccurate” buttons created the appearance of a complaint resolution mechanism, many consumers likely believed they had resolved the issue and did not seek legal remedies, file CFPB complaints, or consult attorneys. The fake UX effectively closed the door on legitimate recourse.
- Employers and landlords who used these reports for screening — and the FTC documents that Defendants knew this was happening and allowed it to continue — may have rejected qualified applicants based on fabricated or inaccurate data. Those rejected applicants paid the price; the companies collected the subscription fees from both the screener and potentially from the screened person trying to see what the screener was seeing.
- The FCRA’s requirements for employment-purpose consumer reports — prior written disclosure to the subject, written consent, and adverse action notification — were entirely bypassed. Workers lost jobs or were denied them, with no notice that a background report was the cause and no copy of the report to contest.
- The incentivized HighYa reviews scheme suppressed authentic negative reviews from consumers trying to warn others. The mechanism for collective consumer self-protection — public peer reviews — was actively neutralized by corporate money. The people who needed the warning the most never got it.
What the Numbers Actually Mean
Your Move: Who to Contact and How to Fight Back
The FTC filed this complaint in September 2023. Pending resolution, the corporate structure under PubRec, LLC remains operational. The people holding positions of authority at The Control Group — the entity that actually employs everyone and runs the operation — are the ones who can be held accountable. Here is where pressure belongs and what you can do.
Key Defendants (Per FTC Complaint Filing)
- PubRec, LLC — Parent holding company; wholly owns all other defendants. 375 Camino de la Reina, Suite 400, San Diego, CA 90218.
- The Control Group Media Company, LLC — The entity that employs all staff, runs all marketing, engineering, legal, and finance. Same address. This is the operational brain of the enterprise.
- TruthFinder, LLC — Consumer-facing brand at TruthFinder.com; no employees of its own.
- Instant Checkmate, LLC — Consumer-facing brand at InstantCheckmate.com; no employees of its own. Previously subject to 2014 FCRA consent order.
- Intelicare Direct, LLC — Runs customer support for all defendants; 9596 Chesapeake Avenue, Suite A, San Diego, CA 92123.
FTC Attorneys on This Case
- Katherine E. McCarron — D.C. Bar No. 486335; Division of Privacy and Identity Protection; (202) 326-2333.
- Robin L. Wetherill — CA Bar No. 323912; Division of Privacy and Identity Protection; (202) 326-2220.
Regulatory Watchlist: File Complaints Here
- Federal Trade Commission (FTC) — ReportFraud.ftc.gov. File a complaint about background check services, false criminal records, fake review schemes, and auto-renewing subscription deception.
- Consumer Financial Protection Bureau (CFPB) — ConsumerFinance.gov/complaint. The CFPB enforces consumer financial protection laws and can receive complaints about background screening companies operating as consumer reporting agencies under the FCRA.
- California Attorney General — oag.ca.gov/contact. All five defendants are registered in California. The state AG has independent authority to enforce consumer protection laws.
- Your State Attorney General — Most states have consumer protection divisions that accept complaints about deceptive business practices. If you paid a subscription based on a false criminal record claim, that is a documented deceptive trade practice in your state too.
Grassroots and Mutual Aid Actions
- If you or someone you know was denied housing or employment while these companies were running their FCRA-violating screening business, document it. Write down dates, names, the company that ran the check, and the outcome. This documentation can support a private lawsuit under the FCRA, which allows individual consumers to sue for actual damages and statutory damages.
- Share this article in tenant-rights, workers-rights, and housing justice community groups. The people most targeted by deceptive background check services are renters and gig workers — the same communities already running mutual aid networks. This information is relevant to their daily survival.
- Contact local Legal Aid organizations in San Diego and your own city. Several tenant-rights and employment-rights Legal Aid groups actively pursue FCRA cases on behalf of consumers who were harmed by inaccurate background checks. Many do this for free.
- If you are a current or former subscriber who was told an individual had criminal records that turned out to be empty or only traffic violations, you may have a private right of action under the FTC Act and the FCRA. Consult a consumer protection attorney. Many take these cases on contingency.
- Organize at the local level. If your city or county uses background check services for any public purpose — housing authority screening, city contractor vetting — ask your city council representative what services they use and whether those services comply with FCRA requirements for maximum possible accuracy.
The source document for this investigation is attached below.
The FTC has a press release about this act of corporate misconduct: https://www.ftc.gov/news-events/news/press-releases/2023/09/ftc-says-truthfinder-instant-checkmate-deceived-users-about-background-report-accuracy-violated-fcra
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