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Instant Checkmate, Inc. was hit with a deceptive marketing class action lawsuit alleging the background checks it sells only provide some of the information that it advertises, forcing customers to pay additional fees for more information.
The Instant Checkmate class action lawsuit was filed by plaintiff Milo Illich on Dec. 31, 2014 in a California federal court.
The background checks at issue are sold through the website www.instantcheckmate.com, which claims that that it sells background checks to consumers who want to learn more about their “family and friends.”
According to ads on the website, the company says that the reports include “REAL police records (driving citations, speeding tickets, felonies, misdemeanors, sexual offenses, mugshots, etc), background reports, marriage/divorce history, address information, phone numbers, a history of lawsuits and much more.”
Instant Checkmate describes the amount of information it is able to provide as so much that it “can be shocking.”
However, when customers enter a person’s name and tries to access a report, which takes about five minutes, they are then told that the search results are only provided for a monthly fee, at $9.86 per month at a minimum for six months of “unlimited reports,” which is not explained before making the search. Customers can also opt to pay $14.86 for three months of reports or $22.86 for one month of reports.
During the downloading process, Instant Checkmate says at one point that “we don’t believe in hidden fees” but that “we do believe in unlimited reports.”
But according to the class action lawsuit, that monthly fee does not provide full access to all of the information.
“When consumers pay the monthly fee, however, they are provided with only some of the information Defendant represented would be included in the background reports,” the Instant Checkmate class action lawsuit explains.
“Worse, Defendant informs consumers that the remainder of the advertised information is only available to consumers that pay an additional $19.99 per report,” Illich alleges.
“[Instant Checkmate] does not disclose in any manner prior to the submission of payment information for the monthly access fee that any information will be withheld until another payment is made,” the class action lawsuit states.
“It is, in essence, a classic ‘bait and switch’ marketing practice,” it adds.
Illich claims that Instant Checkmate has deceived thousands of individuals into paying more than the $22.86 monthly fee “to access reports that do not contain what was promised.”
In August 2014, Illich claims that he decided to use Instant Checkmate to conduct a background check on someone, paying the $22.86 monthly fee, only to find out if he wanted all the information he would have to pay an additional $19.99.
He says that if he had known that the monthly fee was not going to give him all the information advertised he would not have attempted to purchase the report.
Illich is seeking to represent a nationwide class of “all persons in the United States who paid an access fee for a background report on InstantCheckmate.com.”
The class action lawsuit is charging Instant Checkmate with violating California’s Consumer Legal Remedies Act, California’s Unfair Competition Law, California’s False Advertising Law, fraud in the inducement, fraud by omission, and breach of contract.
The plaintiff is represented by Samuel M. Lasser, Rafey S. Balabanian, Benjamin H. Richman, Courtney Booth of Edelson PC and by Douglas J. Campion of the Law Offices of Douglass J. Campion APC.
There is no attorney information available for Instant Checkmate at this time.
The Instant Checkmate Deceptive Marketing Class Action Lawsuit is Milo Illich v. Instant Checkmate, Inc., Case No. 3:14-cv-03026-DMS-KSC, in the U.S. District Court for the Southern District of California.
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18 thoughts onInstant Checkmate Hit With ‘Bait and Switch’ Class Action
My husband is using false information on this site to try and find dirt on me to harass me to the point of divorce . This is an invasion of my privacy !!!
I was searching for a friend I lost and came across instant checkmate via search engine. This company didn’t display any sighs of charges prior to all search questions have bin answered. Their home page had a pop up window with the following information:
“This site contains REAL police records (court records of driving citations, speeding tickets, felonies, misdemeanors, sexual offenses, mugshots, etc.), background reports, photos, court documents, address information, phone numbers, civil judgments, properties owned, and much more. Please BE CAREFUL when conducting a search and ensure all the information you enter is accurate.
Learning the truth about the history of your family and friends can be shocking, so please be cautious when using this tool.”
So, I searched for my friend and was forewarned that she may have a criminal record, etc. I was intrigued enough to pay the requested amount and started searching my own profile. I almost had a heart attack – seriously! My profile displayed 12 criminal records for everyone to see. I NEVER had any criminal records. I am age 68 and this site had put me into panic mode. I immediately disputed this false information, but they kept coming back. I then called the number given for customer service which went right to an answering machine redirecting me to use their e-mail for complaints. I also contacted PayPal who instantly blocked this company from getting any additional money. That is when I learned that I had fallen for an expensive subscription without me noticing. The next day I tried another customer service number and communicated with a very nice lady who instantly offered to return my money and delete my file completely. Almost 90 % of my information and that of my friends were outdated or totally unrelated. This company should not be able to do business!!! This is fraud and public deformation of character!!
Yeah they did it to me. Got me to sign up and then started to do the… but you need to pay this fee & you need to pay that fee crap! Hope they change the laws to include prison for these companies! Oh and how about their claim that they diligently match names phone numbers birthdates & addresses etc. to make sure they do not incorporate the wrong background checks on the wrong people!!! Due diligence what a joke.
A class action lawsuit against Instant Checkmate is clearly happening because the company has deceived its customer. I am one of them. These people are con artists, they way the lure you in from another website, then program you to buy. I spoke with a representative of theirs, Jessica Ruane, who did try to reassure me, but I never got my full money back.
How about total invasion of Privacy, I get called from my ex-wife every time I use my credit card to get gas, or make a credit card payment. My fiances ex-husband constantly harasses her every time she uses a bank card or credit card, or changes her phone number. We are trying to build a life together, but we cant even buy a vehicle without them calling and saying they see it on your site. All your site has done is make it easier for stalkers to torment people who are trying to live a quiet and peaceable life. If it is not a legitimate business with a form stating that they have their permission to invade their private lives, you should be sued every time someone gets harassed as a direct result of your site.
its extremely invasive, we had to move due to filing a pfa against my brother in law to leave us alone for death threats and harassment and now all out new address information is online and our phone numbers. Its even more terrifying because we left where we were living to protect my daughter who is due in 8 weeks because he is on the run for molestation of a minor. I posted to opt out of having my information on there because we are working with police but it has not been removed yet and this is extremely hazardous to our safety