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Missouri Sues Datatraceusa.com

Company Allegedly Sells Calling Records Illegally

March 8, 2006

Calling Records • FTC Shuts Down Pretexting Operation • Phone Pretexters Get Off Cheap • Verizon Wireless Changes Customer Data Policy • FCC Strengthens Rules For Phone Privacy • House Tries Once More to Pass Pretexting Bill • Pretexting Bill: Pretense or Reality? • Hewlett-Packard Pays $14.5 Million to Settle Pretexting Suit • HP Scandal Ignites New Pretexting Battle In Congress • AT&T Sues Calling Record Brokers • Sprint Nextel Settles Case with Florida Data Broker • Feds Sue Calling Record Vendors • Illinois Lawsuit Charges Data Brokerages • Florida Judgment to End Data Broker's Business • Florida Investigates Fake Caller IDs • California Sues Data Trace USA for $10 Million • Missouri Sues Datatraceusa.com • Florida Sues Data Broker Over Sale of Phone Records • Texas Sues Companies Selling Telephone Calling Records • Websites Hawking Phone Records Shut Down • FTC Vows to Stop Illicit Sale of Cell Phone Calling Records • FTC Pledges "Vigorous" Pursuit of Cell Phone Record Sales • AT&T Accused of Eavesdropping, Calling Record Sales • Sprint Sues Cell Phone Record Brokers • Missouri Shuts Down Locatecell.com • Texas Probes Cell Phone Calling Record Sales, Missouri Files Suit • Illinois Sues Company Selling Cell Phone Calling Records • Outcry Over Sale of Cell Phone Calling Records

Missouri Attorney General Jay Nixon has asked for a court order to stop a Web business and its owners from offering to sell the confidential information of cell phone customers.

Nixon said the defendants, who do business under the name Datatraceusa.com, are violating consumer protection laws by misrepresenting that it is legal for them to obtain, possess and sell the information.

Datatraceusa.com is the third such Web site that Nixon has targeted this year.

Last month, Missouri became the first state to obtain a court order preventing an Internet business that sells cell phone records from conducting business in its state. Nixon's actions resulted in a preliminary injunction against Locatecell.com. On Feb. 23, he won a preliminary injunction against another such business, Completeskiptrace.com.

"My office remains committed to protecting the privacy concerns of Missouri consumers from these Internet businesses that sell private cell phone information without the owners' consent," Nixon said.

An undercover investigator from Nixon's office initiated an online transaction with Datatraceusa.com to purchase cell phone records and received the information Feb. 18.

According to the defendants' Web site, for $110 anyone may enter a cell phone number and then receive "all incoming and outgoing calls from the most recent billing cycle available." For an additional $110, the defendants will provide the time and duration of each call made or received during that billing cycle.

The Web site claims that records will be provided in one business day via e-mail. Nixon said the defendants do not have authorization from the wireless and cellular telephone service providers to access the customer information that they advertise on their Web site.

Named as defendants in the lawsuit are Data Trace USA Inc. and its owners, Lina Vargas and Nick Scott of Hollywood, Fla. Nixon is asking for a temporary restraining order against the defendants to stop them from violating Missouri consumer protection law. The lawsuit also asks for appropriate penalties.

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