outdated code.” (Complaint ¶ 50.) Likewise, Defendants have claimed on Twitter that their codes are “kept up-to-date with all the amendments integrated natively into the code.” (Id. ¶ 51.) And according to ICC, UpCodes falsely asserts that it provides the building industry with “‘a complete understanding of relevant material’ for their projects” (id. ¶ 52), and helps customers “surface the most critical code sections” (id. ¶ 56).
ICC provides screenshots of the UpCodes website in which the following additional claims are made:
- “Your code library in one place, always up to date”;
- “… never work from outdated code”;
- “Codes are organized by state and jurisdiction to provide a full understanding of the applicable codes for your project”;
- “Understand all the requirements for your jurisdiction in one place.”
(Id. ¶ 52.) ICC further alleges that customers rely on these representations and cites a customer review in which the customer stated that he is “much more comfortable knowing that my team is working off the most up-to-date codes.” (Id. ¶ 59.)
- 2. Representations of Amendment Integration
ICC alleges that Defendants “falsely advertise and promote that UpCodes offers ‘Integrated Amendments,’” as
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