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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF CALIFORNIA 

FEDERAL TRADE COMMISSION, Case No.: 00cv0000 

 Plaintiff, 

[PROPOSED] STIPULATED ORDER 

 v. FOR PERMANENT INJUNCTION, 

CIVIL PENALTY JUDGMENT, AND 

INSTANT CHECKMATE, LLC, et al., OTHER RELIEF AS TO 

DEFENDANTS INSTANT 

CHECKMATE, LLC, Defendants. 

TRUTHFINDER, LLC, THE 

CONTROL GROUP MEDIA 

COMPANY, LLC, INTELICARE 

DIRECT, LLC, AND PUBREC, LLC 

Plaintiff, the Federal Trade Commission (“Commission” or “FTC”), filed its 

omplaint for Permanent Injunction, Other Equitable Relief, and Civil Penalties and 

emand for Jury Trial (“Complaint”) in this matter, pursuant to Sections 13(b) and 

6(a)(1) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b) and 

6(a)(1), and Section 621(a) of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 

C

D

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1681s(a). Defendants have waived service of the summons and the Complaint. Through 

counsel, Plaintiff and Defendants Instant Checkmate, LLC, TruthFinder, LLC, The 

Control Group Media Company, LLC, Intelicare Direct, LLC, and PubRec LLC 

(“Settling Defendants”) stipulate to the entry of this Order for Permanent Injunction, 

Civil Penalty Judgment, and Other Relief (“Order”) to resolve all matters in dispute in 

this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendants participated in deceptive and unfair 

acts or practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45 and in violation 

of the FCRA, 15 U.S.C. §§ 1681-1681x, in the promotion and sale of background reports. 

3. Settling Defendants neither admit nor deny any of the allegations in the 

Complaint, except as specifically stated in this Order. Only for purposes of this action, 

Settling Defendants admit the facts necessary to establish jurisdiction. 

4. Settling Defendants waive any claim that they may have under the Equal 

Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action 

through the date of this Order, and agree to bear their own costs and attorney fees. 

5. Settling Defendants and Plaintiff waive all rights to appeal or otherwise 

challenge or contest the validity of this Order. 
DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

A. “Clear(ly) and Conspicuous(ly)” means that a required disclosure is 

difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers, 

including in all of the following ways: 

1. In any communication that is solely visual or solely audible, the 

disclosure must be made through the same means through which the communication is 

presented. In any communication made through both visual and audible means, such as a 

television advertisement, the disclosure must be presented simultaneously in both the 

visual and audible portions of the communication even if the representation requiring the 

disclosure is made in only one means. 

2. A visual disclosure, by its size, contrast, location, the length of time it 

appears, and other characteristics, must stand out from any accompanying text or other 

visual elements so that it is easily noticed, read, and understood. 

3. An audible disclosure, including by telephone or streaming video, 

must be delivered in a volume, speed, and cadence sufficient for ordinary consumers to 

easily hear and understand it. 

4. In any communication using an interactive electronic medium, such as 

the Internet or software, the disclosure must be unavoidable. 

5. The disclosure must use diction and syntax understandable to ordinary 

consumers and must appear in each language in which the representation that requires the 

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disclosure appears. 

6. The disclosure must comply with these requirements in each medium 

through which it is received, including all electronic devices and face-to-face 

communications. 

7. The disclosure must not be contradicted or mitigated by, or 

inconsistent with, anything else in the communication. 

8. When the representation or sales practice targets a specific audience, 

such as children, the elderly, or the terminally ill, “ordinary consumers” includes 

reasonable members of that group. 

B. “Close Proximity” means that the disclosure is very near the triggering 

representation. For example, a disclosure made through a hyperlink, pop-up, interstitial, 

or other similar technique is not in close proximity to the triggering representation. 

C. “Consumer Report” means any written, oral, or other communication of 

any information by a Consumer Reporting Agency bearing on a consumer’s credit 

worthiness, credit standing, credit capacity, character, general reputation, personal 

characteristics, or mode of living, which is used or expected to be used or collected in 

whole or in part for a Permissible Purpose. 

D. “Consumer Reporting Agency” means any Person which, for monetary 

fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in 

the practice of assembling or evaluating consumer credit information or other information 

on consumers for the purpose of furnishing Consumer Reports to third parties, and which 
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uses any means or facility of interstate commerce for the purpose of preparing or 

furnishing Consumer Reports. 

E. “Covered Record” means any written or oral communication that includes 

any of the following information from or about an individual consumer: (1) sex offender 

status; (2) arrest records; (3) bankruptcy records; (4) liens; (5) eviction records; (6) civil 

and criminal court record information; and (7) traffic tickets or citations. 

F. “Covered Report” means any written, oral, or other communication of any 

information on consumers that is assembled or evaluated in whole or in part by any 

Person that bears on a consumer’s credit worthiness, credit standing, credit capacity, 

character, general reputation, personal characteristics, or mode of living. 

G. “Permissible Purpose” means: 

1. In response to the order of a court having jurisdiction to issue such an 

order, or a subpoena issued in connection with proceedings before a Federal grand jury; 

or 

2. In accordance with the written instructions of the consumer to whom 

it relates; or 

3. To a person which the Consumer Reporting Agency has reason to 

believe: 

a. intends to use the information in connection with a credit 

transaction involving the consumer on whom the information is to be furnished and 
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involving the extension of credit to, or review or collection of an account of, the 

consumer; or 

b. intends to use the information for employment purposes; or 

c. intends to use the information in connection with the 

underwriting of insurance involving the consumer; or 

d. intends to use the information in connection with a 

determination of the consumer’s eligibility for a license or other benefit granted by a 

governmental instrumentality required by law to consider an applicant’s financial 

responsibility or status; or 

e. intends to use the information, as a potential investor or 

servicer, or current insurer, in connection with a valuation of, or an assessment of the 

credit or prepayment risks associated with, an existing credit obligation; or 

f. otherwise has a legitimate business need for the information: 

i. in connection with a business transaction that is initiated 

by the consumer, including tenant screening; or 

ii. to review an account to determine whether the consumer 

continues to meet the terms of the account; or 

 g. executive departments and agencies in connection with the 

issuance of government-sponsored individually-billed travel charge cards; or 

4. In response to a request by the head of a State or local child support 

enforcement agency (or a State or local government official authorized by the head of 
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such an agency), if the person making the request certifies to the Consumer Reporting 

Agency that: 

a. the Consumer Report is needed for the purpose of establishing 

an individual’s capacity to make child support payments, determining the appropriate 

level of such payments, or enforcing a child support order, award, agreement, or 

judgment; 

b. the parentage of the consumer for the child to which the 

obligation relates has been established or acknowledged by the consumer in accordance 

with State laws under which the obligation arises (if required by those laws); and 

c. the Consumer Report will be kept confidential, will be used 

solely for a purpose described in subparagraph 4a. above, and will not be used in 

connection with any other civil, administrative, or criminal proceeding, or for any other 

purpose; or 

5. To an agency administering a State plan under Section 454 of the 

Social Security Act (42 U.S.C. § 654) for use to set an initial or modified child support 

award; or 

6. To the Federal Deposit Insurance Corporation or the National Credit 

Union Administration as part of its preparation for its appointment or as part of its 

exercise of powers, as conservator, receiver, or liquidating agent for an insured 

depository institution or insured credit union under the Federal Deposit Insurance Act or 

the Federal Credit Union Act, or other applicable Federal or State law, or in connection 
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with the resolution or liquidation of a failed or failing insured depository institution or 

insured credit union, as applicable. 

H. “Person” means any individual, partnership, corporation, trust, estate, 

cooperative, association, government or governmental subdivision or agency, or other 

entity. 

I. “Settling Defendants” means Instant Checkmate, LLC, TruthFinder, LLC, 

The Control Group Media Company, LLC, Intelicare Direct, LLC, and PubRec, LLC, 

individually, collectively, or in any combination, and their successors and assigns. 

J. “Unexpected Material Connection” means any relationship that might 

materially affect the weight or credibility of a review or endorsement and that would not 

reasonably be expected by consumers. 

ORDER 

I. FAIR CREDIT REPORTING ACT MONITORING PROGRAM

IT IS ORDERED that Settling Defendants must not advertise, market, promote, or 

offer for sale any Covered Report unless they first establish and implement, and 

thereafter maintain, a comprehensive monitoring program (hereinafter, the “Monitoring 

Program”) to regularly review, assess, and determine the extent to which each Settling 

Defendant is operating in whole or in part as a Consumer Reporting Agency, and, if so, to 

regularly review, assess, and determine the extent to which the Settling Defendant is 

engaged in business activities prohibited by Section II of this Order, entitled “Prohibited 
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Business Activities.” To satisfy this requirement, each Settling Defendant or Settling 

Defendants together must, at a minimum: 

A. Document in writing the content, implementation, and maintenance of the 

Monitoring Program; 

B. Designate a qualified employee or employees to coordinate and be 

responsible for the Monitoring Program; 

C. Assess and document, prior to the inception of the Monitoring Program and 

at least once every twelve (12) months thereafter, the extent to which the Covered 

Reports promoted or offered for sale by the Settling Defendants are Consumer Reports, 

and the extent to which the Settling Defendants are acting as a Consumer Reporting 

Agency, including the extent to which users regularly use Covered Reports provided by 

the Settling Defendants for Permissible Purposes. Such assessment shall include, at a 

minimum, a review of: 

1. All products and services offered or sold; 

2. Marketing and advertising materials used to promote, offer, or sell 

those products and services (including but not limited to any website content, 

advertisements, blog posts, testimonials, published statements, customer service scripts, 

search engine advertising keywords, push notifications, and any method or device used to 

direct Persons to a website); 

3. Any measures to prevent users from using a Settling Defendant’s 

products or services for Permissible Purposes (e.g., disclaimers, certifications, account 
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terminations, user verification, or blocking) and available evidence or information 

relating to the effectiveness of those measures; 

4. All users whom Settling Defendants have reason to believe have used 

or intended to use one or more Covered Reports for a Permissible Purpose, all actions 

taken by Settling Defendants to permanently prevent each such user from accessing 

Covered Reports, and the dates on which such actions were effective; and 

5. Any evidence of or information about how users of Settling 

Defendants’ products or services use, intend to use, or expect to use those products or 

services (including but not limited to consumer correspondence, consumer reviews, 

consumer complaints, and consumer testimonials); 

D. Design, implement, maintain, and document compliance with safeguards to 

assure that the Settling Defendants do not sell, offer, or make available Covered Reports 

for a Permissible Purpose, unless the requirements of this Order that would apply to a 

Consumer Report are satisfied as to that product or service. Such safeguards must 

include, at a minimum: 

1. Training of all officers, employees, and advertising affiliates, and all 

agents and independent contractors to the extent that their job duties are relevant to the 

content of this Order, at onboarding and at least every twelve (12) months thereafter, on 

this Order’s requirements, activities that would violate those requirements, and relevant 

specific job duties relating to compliance with this Order; 
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2. Refraining from advertising, marketing, promoting, describing, or 

offering for sale any product or service that involves Covered Reports as suitable or 

appropriate for any Permissible Purpose, unless the requirements of this Order that would 

apply to a Consumer Report are satisfied as to that product or service; 

3. Reviewing, prior to their publication or implementation, of all 

marketing and advertising materials used by Settling Defendants to offer, promote, or sell 

those products and services (including but not limited to any advertisements, blog posts, 

testimonials, published statements, customer service scripts, search engine advertising 

keywords, push notifications, and any method or device used to direct Persons to a 

website); 

4. Requiring affiliate marketing partners by contract to obtain prior 

written approval from the Settling Defendants for all unique advertising and marketing 

copy used to offer, promote, or sell Covered Reports; 

5. Clearly and Conspicuously disclosing permissible and impermissible 

uses of any Covered Reports under this Order; 

6. Clearly and Conspicuously requiring each user, before the purchase of 

any product or service, prior to running any people search or background report search, 

and annually thereafter, to certify: 

i. that the user will not use Covered Reports to make decisions about or 

in connection with hiring, promoting, reassigning, or continuing to employ any person, 
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including current or potential volunteers and household employees such as childcare 

workers, contractors, or home health aides; 

ii. that the user will not use Covered Reports to make decisions about 

or in connection with renting or selling a house, apartment, or other residential property 

to any person; 

iii. that the user will not use Covered Reports to make decisions about 

or in connection with lending money or extending credit to any person; 

iv. that the user will not use Covered Reports in connection with the 

underwriting of insurance; and 

v. that the user will not use Covered Reports for any purpose related to 

any eligibility determination about a person. 

7. Procedures to onboard users, including requiring users to agree to 

contracts or terms and conditions prohibiting the use of Covered Reports provided by the 

Settling Defendants for any Permissible Purpose and Clear and Conspicuous disclosure 

of such terms and conditions; 

8. Implementing user access controls, such as controls on the number of 

Covered Reports obtained per day and investigation of accounts with excessive or 

suspicious patterns of obtaining Covered Reports; 

9. Conducting ongoing reviews, tests, or audits of: 

i. the ways that users use or expect to use the Settling Defendants’ 

products or services; 
ii. the extent to which each Settling Defendants’ officers, 

employees, agents, advertising affiliates, and independent contractors have implemented 

and are complying with the Monitoring Program; and 

iii. the effectiveness of the Monitoring Program at detecting and 

preventing use of Covered Reports for Permissible Purposes; and 

10. Implementing and complying with procedures to actively identify and 

investigate users who are using, have used, or likely intend to use Covered Reports for 

one or more Permissible Purposes and to permanently prevent those users from accessing 

Covered Reports within three (3) business days after a Settling Defendant becomes aware 

of the user’s use of Covered Reports for a Permissible Purpose; and 

E. Evaluate and adjust the Monitoring Program in light of any changes to a 

Settling Defendant’s operations or business arrangements, or any other circumstance that 

Settling Defendants know or have reason to know may materially affect the Monitoring 

Program’s effectiveness. At a minimum, each Settling Defendant must evaluate the 

Monitoring Program every twelve (12) months and implement modifications based on the 

results; and 

F. At least once every twelve (12) months, provide: (1) the written program 

required by Subsection I.A and any evaluations thereof or updates thereto; and (2) the 

assessments and documentation required by Subsection I.C to the Settling Defendants’ 

board of directors or governing body or, if no such board or equivalent governing body 

exists, to a senior officer responsible for regulatory compliance. 

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II. PROHIBITED BUSINESS ACTIVITIES 

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, 

employees, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection 

with operating as a Consumer Reporting Agency, are hereby permanently restrained and 

enjoined from: 

A. Failing to maintain reasonable procedures designed to limit the furnishing of 

Consumer Reports to Persons with Permissible Purposes to receive them. Such 

reasonable procedures shall require that: (1) prospective users of the information identify 

themselves, certify the purposes for which the information is sought, and certify that the 

information will be used for no other purpose; and that (2) Settling Defendants make a 

reasonable effort to verify the identity of a new prospective user and the uses certified by 

such prospective user prior to furnishing such user a Consumer Report; 

B. Failing to maintain reasonable procedures to assure the maximum possible 

accuracy of the information concerning the individual about whom the report relates; 

C. Failing to provide a FCRA notice to users of Consumer Reports (Attached 

hereto as Attachment A to this Order) to any person to whom a Consumer Report is 

provided by Settling Defendants; 

D. In offering, selling, publishing, or making available Consumer Reports for 

employment purposes, failing to: 

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1. obtain a certification that the user has complied with consumer notice 

requirements, including: (i) that the user has provided a standalone written disclosure to 

the consumer that a Consumer Report may be obtained, (ii) obtained the written consent 

of the consumer to obtain a Consumer Report, and, (iii) prior to taking any adverse action 

based in whole or in part on the report, will provide the consumer with a copy of the 

Consumer Report and a written description of the consumer’s rights under the FCRA 

(Attached hereto as Attachment B to this Order); 

2. obtain a certification that the user will not use the information from 

the Consumer Report in violation of any applicable Federal or State equal employment 

opportunity law or regulation; and 

3. provide with the Consumer Report, unless it has been previously 

provided, a summary of the consumer’s rights under the FCRA (Attached hereto as 

Attachment B to this Order). 

E. Furnishing a Consumer Report to any Person whom Settling Defendants do 

not have reason to believe has a Permissible Purpose to receive the Consumer Report; 

and 

F. Failing to conduct a reasonable reinvestigation, free of charge, if a consumer 

disputes the completeness or accuracy of any item of information contained in a 

Consumer Report about that consumer that is offered, sold, published, or made available 

by Settling Defendants and record the current status of the disputed information in, or 

delete the disputed information from, any Consumer Report that is offered, sold, 
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published, or made available by Settling Defendants before the end of the 30-day period 

beginning on the date on which the Settling Defendants receive notice of the dispute. 

III. PROHIBITION AGAINST MISREPRESENTATIONS TO CONSUMERS 

REGARDING COVERED REPORTS 

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, 

employees, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection 

with advertising, marketing, promoting, or offering any product or service, are 

permanently restrained and enjoined from misrepresenting, expressly or by implication: 

A. The effect of utilizing any mechanism to remove or flag as inaccurate certain 

items of information in Covered Reports; 

B. The extent to which, or the probability that, any consumer has or may have 

Covered Records, Settling Defendants have found Covered Records, or that there are 

possible or probable Covered Records; 

C. The accuracy or completeness of the information contained in the Covered 

Reports; 

D. That a traffic ticket or a traffic citation in a Covered Report is a criminal or 

arrest record; or 

E. Any other fact concerning Covered Records or Covered Reports or any of 

the information therein, such as their accuracy, nature, characteristics, or content; or any 

restrictions, limitations, or conditions on users’ ability to access, alter, use, correct, or 

delete them.

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IV. INJUNCTION CONCERNING MISREPRESENTATIONS IN VIOLATION 

OF SECTION 5 OF THE FTC ACT 

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, 

employees, and attorneys, and all other persons in active concert or participation with any 

of them, who receive actual notice of this Order, whether acting directly or indirectly, in 

connection with promoting or offering for sale any good or service are permanently 

restrained and enjoined from making, or assisting others in making, any 

misrepresentation, expressly or by implication, about 

A. What a user can do or achieve with the product or service; or 

B. The status of any person providing a review or endorsement of a good or 

service, including a misrepresentation that the reviewer or endorser is an unbiased or 

ordinary user of the good or service. 

V. REQUIRED DISCLOSURES OF UNEXPECTED MATERIAL 

CONNECTIONS

IT IS FURTHER ORDERED that Settling Defendants, their officers, agents, 

employees, and all other persons in active concert or participation with any of them, 

who receive actual notice of this Order, whether acting directly or indirectly, in 

connection with promoting or offering for sale any Covered Report or related good or 

service, are permanently restrained and enjoined from making, or assisting others in 

making, any representation, expressly or by implication, about any reviewer or endorser 

of such good or service without disclosing, Clearly and Conspicuously, and in Close 
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Proximity to that representation, any Unexpected Material Connection between such 

reviewer or endorser and (1) Settling Defendants; or (2) any other individual or entity 

affiliated with the good or service. 

VI. MONITORING OF ENDORSERS 

IT IS FURTHER ORDERED that within 90 days of the date of entry of this Order, 

ettling Defendants, their officers, agents, employees, and attorneys, and all other 

ersons in active concert or participation with any of them, who receive actual notice of 

his Order, whether acting directly or indirectly, in connection with promoting or offering 

or sale any Covered Report or related good or service, must take steps sufficient to 

nsure compliance with Subsection B of the Section of this Order titled Injunction 

oncerning Misrepresentations in Violation of Section 5 of the FTC Act and the Section 

f this Order titled Required Disclosures Of Unexpected Material Connections. Such 

teps shall include, at a minimum: 

A. Providing each reviewer or endorser of any Covered Report or related good 

r service with a clear statement of his or her responsibilities to disclose Clearly and 

onspicuously and in Close Proximity to the endorsement, in any review, online video, 

ocial media posting, or other communication endorsing the good or service, the reviewer 

r endorser’s Unexpected Material Connection to Settling Defendants, or any other 

ndividual or entity affiliated with the good or service; and obtaining from each such 

eviewer or endorser a signed and dated statement acknowledging receipt of that 

tatement and expressly agreeing to comply with it. For the purpose of this subsection, 

S

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e

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s

o

C

s

o

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the term “signed” may include a verifiable electronic or digital form of signature, to the 

extent that such form of signature is recognized as a valid signature under applicable 

Federal law or State contract law; 

B. Establishing, implementing, and thereafter maintaining a system to monitor 

and review the representations and disclosures of reviewers and endorsers with any 

Unexpected Material Connection to Settling Defendants, or any other individual or entity 

affiliated with the good or service to ensure compliance with the Subsection B of the 

Section of this Order titled Injunction Concerning Misrepresentations in Violation of 

Section 5 of the FTC Act and the Section of this Order titled Required Disclosures Of 

Unexpected Material Connections. The system shall include, at a minimum, monitoring 

and reviewing the endorsers’ reviews, online videos and social media postings; 

C. In the event an Unexpected Material Connection is not disclosed, contacting 

each reviewer or endorser to request such a disclosure. If such disclosure is not made or 

the review or endorsement is not removed, Settling Defendants shall contact the platform 

on which the review or endorsement appears requesting its removal; and 

D. Creating reports showing the results of the monitoring required by 

Subsections B. and C. of this Section. 

VII. MONETARY JUDGMENT FOR CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

Judgment in the amount of Five Million, Eight Hundred Thousand, Dollars 

($5,800,000) is entered in favor of Plaintiff against Settling Defendants, jointly and 
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severally, as a civil penalty. 

Settling Defendants are ordered to pay to Plaintiff, by making payment to 

the Treasurer of the United States, Five Million, Eight Hundred Thousand, Dollars 

($5,800,000), which, as Settling Defendants stipulate, their undersigned counsel holds in 

escrow for no purpose other than payment to Plaintiff. Such payment must be made 

within seven (7) days of entry of this Order by electronic fund transfer in accordance with 

instructions previously provided by a representative of Plaintiff. 

VIII. ADDITIONAL MONETARY PROVISIONS 

A. Settling Defendants relinquish dominion and all legal and equitable right, 

title, and interest in all assets transferred pursuant to this Order and may not seek the 

return of any assets. 

B. Settling Defendants acknowledge that their Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers), which Settling 

Defendants must submit to the Commission, may be used for collecting and reporting on 

any delinquent amount arising out of this Order, in accordance with 31 U.S.C. §7701. 

IX. COOPERATION 

IT IS FURTHER ORDERED that Settling Defendants must fully cooperate with 

representatives of Plaintiff and the Commission in this case and in any investigation 

related to or associated with the transactions or the occurrences that are the subject of the 

Complaint. Such Settling Defendants must provide truthful and complete information, 

evidence, and testimony. Such Settling Defendants must cause Defendants’ officers, 
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employees, representatives, or agents to appear for interviews, discovery, hearings, trials, 

and any other proceedings that a Plaintiff or Commission representative may reasonably 

request upon 5 days written notice, or other reasonable notice, at such places and times as 

a Plaintiff or Commission representative may designate, without the service of a 

subpoena. 

X. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Settling Defendants obtain acknowledgments of 

receipt of this Order: 

Each Defendant, within seven (7) days of entry of this Order, must submit to 

the Commission an acknowledgment of receipt of this Order sworn under penalty of 

perjury. 

For fifteen (15) years after entry of this Order, each Settling Defendant must 

deliver a copy of this Order to: (1) all principals, officers, directors, and LLC managers 

and members; (2) all employees having managerial responsibilities for conduct related to 

the subject matter of the Order and all agents and representatives who participate in 

conduct related to the subject matter of the Order; and (3) any business entity resulting 

from any change in structure as set forth in the Section titled Compliance Reporting. 

Delivery must occur within seven (7) days of entry of this Order for current personnel. 

For all others, delivery must occur before they assume their responsibilities. 

From each individual or entity to which a Settling Defendant delivered a 

copy of this Order, that Defendant must obtain, within thirty (30) days, a signed and 
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dated acknowledgment of receipt of this Order. 

XI. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Settling Defendants make timely submissions to 

the Commission: 

One year after entry of this Order, each Settling Defendant must submit a 

compliance report, sworn under penalty of perjury: 

1. Each Settling Defendant must: (a) identify the primary physical, 

postal, and email address and telephone number, as designated points of contact, which 

representatives of the Commission and Plaintiff may use to communicate with 

Defendant; (b) identify all of that Defendant’s businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; (c) describe the activities of 

each business, including the goods and services offered, the means of advertising, 

marketing, and sales, and the involvement of any other Defendant; (d) describe in detail 

whether and how that Defendant is in compliance with each Section of this Order; and (e) 

provide a copy of each Order Acknowledgment obtained pursuant to this Order, unless 

previously submitted to the Commission. 

For fifteen (15) years after entry of this Order, each Settling Defendant must 

submit a compliance notice, sworn under penalty of perjury, within fourteen (14) days of 

any change in the following: 

1. Each Settling Defendant must report any change in: (a) any 

designated point of contact; or (b) the structure of any Defendant or any entity that 
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Defendant has any ownership interest in or controls directly or indirectly that may affect 

compliance obligations arising under this Order, including: creation, merger, sale, or 

dissolution of the entity or any subsidiary, parent, or affiliate that engages in any acts or 

practices subject to this Order. 

Each Settling Defendant must submit to the Commission notice of the filing 

of any bankruptcy petition, insolvency proceeding, or similar proceeding by or against 

such Defendant within fourteen (14) days of its filing. 

Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as 

by concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying the 

date, signatory’s full name, title (if applicable), and signature. 

Unless otherwise directed by a Commission representative in writing, all 

submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: Associate 

Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 

600 Pennsylvania Avenue NW, Washington, DC 20580. The subject line must begin: 

“United States v. Instant Checkmate, LLC et al., Case No. XXXXX.” 
XII. RECORDKEEPING 

IT IS FURTHER ORDERED that Settling Defendants must create certain records 

for fifteen (15) years after entry of the Order, and retain each such record for five (5) 

years. Specifically, Settling Defendants must create and retain the following records: 

Accounting records showing the revenues from all goods or services sold; 

Personnel records showing, for each person providing services in relation to 

any aspect of this Order, whether as an employee or otherwise, that person’s: name; 

addresses; telephone numbers; job title or position; dates of service; and (if applicable) 

the reason for termination; 

Records of all consumer complaints and refund requests related to the 

subject matter of this Order, whether received directly or indirectly, such as through a 

third party, and any response; 

All unique sales or customer service scripts, form letters or emails, 

advertisements, or other marketing materials related to the subject matter of this Order; 

All employee manuals and training materials related to the subject matter of 

this Order; and 

All records necessary to demonstrate full compliance with each provision of 

this Order, including all submissions to the Commission. 

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XIII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Settling 

Defendants’ compliance with this Order and any failure to transfer any assets as required 

by this Order: 

A. Within fourteen (14) days of receipt of a written request from a 

representative of the Commission or Plaintiff, each Settling Defendant must: submit 

additional compliance reports or other requested information, which must be sworn under 

penalty of perjury; appear for depositions; and produce documents for inspection and 

copying. The Commission and Plaintiff are also authorized to obtain discovery, without 

further leave of court, using any of the procedures prescribed by Federal Rules of Civil 

Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Commission and Plaintiff are 

authorized to communicate directly with each Settling Defendant. Settling Defendants 

must permit representatives of the Commission and Plaintiff to interview any employee 

or other person affiliated with any Settling Defendant who has agreed to such an 

interview. The person interviewed may have counsel present. 

C. The Commission and Plaintiff may use all other lawful means, including 

posing, through its representatives as consumers, suppliers, or other individuals or 

entities, to Settling Defendants or any individual or entity affiliated with Settling 

Defendants, without the necessity of identification or prior notice. Nothing in this Order 

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limits the Commission’s lawful use of compulsory process, pursuant to Sections 9 and 2

of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

XIV. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

SO ORDERED this day of , 2023. 

_______________________________ 

UNITED STATES DISTRICT JUDGE

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