December 2014: A false advertising class-action lawsuit was filed against Instant Checkmate, Inc., a website that provides background reports on people. Among other things, the complaint alleges that Instant Checkmate advertises that its reports contain “REAL” police records and a marriage/divorce history when, in reality, the company misrepresents the actual results (e.g., indicates that someone has a criminal record when they do not or that someone has been divorced when they have not). Plaintiffs also allege that the company tells consumers that they must pay a monthly fee to access the report when, in reality, consumers who pay the monthly fee are only provided with some of the information and must pay an additional fee to access the rest of the report. (Illich et al v. Instant Checkmate, Inc., Case No. 14-cv-3026, S. D. CA.).
When a complaint is dismissed with prejudice, it cannot be refiled.
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.