satori, you are correct EXCEPT that the bureaus have no way of knowing whether you were turned down or not. So the way that they interpret an "action against you" is by noting inquiries on your report that don't lead to a corresponding new credit line. The bureaus have no way of knowing whether you got turned down for a loan or whether you cancelled a loan application while in process (if you get my hint).
Yes, the laws are different in different states. I am not familiar with all of them.
I think of "free credit report" sites as scams because there ain't no such thing as a free lunch. Credit reports cost, on average, about $7 bucks and tri-merges (all 3 bureaus merged into one report) cost about $20. And these are roughly the minimum prices to businesses that order 100 and more reports per day. Consumers pay more. Obviously, these "free" sites need to make money to cover their expenses. One way they sometimes do it is by gleaning and selling the demographic info off the "free" reports they pull (better check that Privacy Policy again!). Another way is by offering "credit repair" and "credit protection" services. Neither of those are an actual service that a 3rd party can legally provide (accurate information can neither be removed from a report nor can anyone prevent accurate information from being placed). So yes, they are scams.