The case of Fischer v. Instant Checkmate LLC is a big legal fight about how a company handles people’s personal information. In this class-action lawsuit, several people sued Instant Checkmate, a company that does online background checks, claiming it violated their privacy rights. This case is important because it deals with issues of privacy and how companies should protect personal details. Let’s know in detail!
About Instant Checkmate
Instant Checkmate is a popular online background check service. It allows users to search for information about individuals, including their names, addresses, criminal records, and more.
The site aggregates public records and provides reports to subscribers. However, the company faced legal issues over how it used personal data for advertising and other purposes.
Lawsuit Against Instant Checkmate
In 2019, a class action lawsuit was filed against Instant Checkmate and related entities. These included Truthfinder, Intelius, PeopleConnect, and The Control Group Media Company.
The plaintiffs alleged that the defendants used individuals’ names and info without consent. Specifically, they claimed this was done to advertise their background check subscription services.
The case involved multiple states’ right of publicity laws. It underwent lengthy litigation in federal court before a settlement was reached.
Key Parties Involved
This class action lawsuit names several defendants:
- Instant Checkmate LLC
- Truthfinder LLC
- Intelius LLC
- PeopleConnect, Inc.
- The Control Group Media Company, LLC
All of these companies operate people-search websites. The plaintiffs claim these sites illegally used individuals’ names for commercial purposes without consent. This allegedly violates right of publicity statutes in particular states.
Fischer V Instant Checkmate LLC Settlement Details
Under the settlement, the defendants have agreed to pay a total of $10.1 million. This resolves the class action claims related to publicity rights violations.
The settlement applies to residents of seven states:
- Alabama
- California
- Illinois
- Indiana
- Nevada
- Ohio
- South Dakota
Eligible individuals must have had their name searched on the defendants’ sites. These include InstantCheckmate.com, Intelius.com, Truthfinder.com, and USSearch.com. Additionally, a report must have been purchased.
To receive a payment, class members need to submit a valid claim. The payment amounts will vary by state, based on the number of claimants. Estimates range from $82 per person in California and Nevada to $1,058 per person in Illinois.
Importantly, the settlement also includes prospective relief. Going forward, the defendants will stop displaying eligible individuals’ names on pages with subscription offers.
Court Rulings On The Case
This case has a complex history in the courts. The lawsuit was first filed back in 2019. Since then, it has involved extensive legal proceedings.
The court denied the defendants’ motions to dismiss the case. It also granted class certification for certain groups of plaintiffs. This means the lawsuit could proceed as a class action.
However, before reaching a trial, the parties engaged in mediation. After lengthy negotiations, they were able to agree on a settlement. But this settlement still needs final approval from the court.
How To File A Claim?
To get a payout from this $10.1 million settlement, you need to submit a valid claim by December 27, 2023. The settlement website provides an online claim form for class members.
Residents of the covered states who had their names searched on the defendants’ sites may qualify for payments. But the amounts vary based on state law. Here are the expected ranges:
- Alabama: $577 to $960 per claimant
- California: $82 to $137 per claimant
- Illinois: $635 to $1,058 per claimant
- Indiana: $111 to $185 per claimant
- Nevada: $82 to $137 per claimant
- Ohio: $286 to $477 per claimant
- South Dakota: $107 to $178 per claimant
Keep in mind, these are estimated amounts. Actual payments will depend on how many eligible claims are submitted. If you want to opt out of the settlement or object to its terms, the deadline is also December 27, 2023. A final hearing for court approval was scheduled for February 15, 2024.
Deadlines & Final Approval Hearing
Make sure to submit your claim by December 27, 2023. This is the last day to get your claim in. If you prefer not to be part of the settlement and want to keep your right to sue separately, you need to opt out by the same date. Also, if you have any objections to the settlement terms, they must be filed by December 27, 2023.
The Court will review everything and decide whether to approve the settlement on February 15, 2024. If the settlement is approved, payments will be made to eligible claimants once any appeals are resolved.
Settlement Benefits For Claimants
So what do you get from this settlement? There are two main benefits for class members:
- A cash payment! As mentioned, estimated amounts vary by state from $80 to $1000+. The specific amount depends on how many people file claims.
- Prospective relief. The people-search sites have agreed to stop displaying class members’ names on pages with subscription offers. This will help protect your privacy going forward.
In addition, the settlement sets aside money for administrative costs, attorneys fees, and service awards for the Class Representatives. This ensures a well-run claims process.
Conclusion
The Fischer v. Instant Checkmate LLC case is about holding these companies responsible for misusing personal information. They’ve agreed to pay $10.1 million to those affected and make changes to better protect privacy in the future. If you think you might be affected, make sure to file your claim by December 27, 2023. The court will decide whether to approve the settlement on February 15, 2024. This settlement offers money to those impacted and helps make sure such privacy issues don’t happen again.
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