depicted in certain website screenshots. (Complaint ¶ 54.) The screenshots contain the following claims:
- “Integrated Amendments: … Never miss important requirements in your jurisdiction”;
- “UpCodes has the adopted codes as enacted by the state or local jurisdiction”; and
- “While some states provide integrated codes … Where these are not provided, UpCodes has integrated the local amendments … .”
(Id.) The Complaint adds that on the purchasing page for premium access, Defendants again falsely claim to offer integrated amendments. In a website screenshot of the purchasing page, UpCodes asserts that the premium accounts offer: “All Codes,” “Code updates inserted,” and “Local amendment styling.” (Id. ¶ 55.)
ICC further alleges that Defendants falsely asserted on Twitter that their copies of building codes are “kept up-to-date with all the amendments integrated natively into the code,” and separately that they had integrated “all 973 amendments” to the New Jersey 2018 codes. (Id. ¶¶ 51, 61.)
- 3. Code Errors Undermining These Representations
ICC argues that UpCodes’s claims of accuracy, completeness, and code integration are all rendered false by numerous errors in UpCodes’s posted codes. In particular, ICC alleges errors in UpCodes’s Wyoming, Virginia, Oregon, and New Jersey codes.
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