Attorney General's News Release

January 20, 2006

Nixon sues Internet business that sells records of cell phone calls

Jefferson City, Mo. — Missouri Attorney General Jay Nixon today asked for a court order to stop a Web business and its owners from offering to sell the records of cell phone customers. The defendants, who do business online under several names but most prominently as Locatecell.com, are violating state consumer protection laws by misrepresenting that it is legal for them to obtain, possess and sell the phone records.

"There are tremendous privacy concerns at stake here," Nixon said. "The phone records of citizens, companies or anyone else should not be available to whoever has a credit card."

An undercover investigator from Nixon's office initiated an online transaction with Locatecell.com on Thursday (Jan. 19) to purchase the records of calls made on his own private cell phone. The investigator received the records today.

Named as defendants in the lawsuit filed today in Cole County Circuit Court are First Data Solutions Inc. and its principal owner, James Kester, of Knoxville, Tenn.; and 1st Source Information Specialists Inc., of Tamarac, Fla., and its director Kenneth W. Gorman, of Jensen Beach, Fla.

According to the defendants' Web site at www.locatecell.com, for $65, anyone may enter a cell phone number and then will receive the name and address of the cell phone user. For $110, anyone can enter a cell phone number and Locatecell.com will provide a list of calls made from that number. Nixon said the defendants do not have authorization from the wireless and cellular telephone service providers to access the customer information and records that they advertise on their Web site.

"We believe this information has been obtained illegally, and we're asking the court to stop the dissemination of this information," Nixon said. Nixon is asking the court to issue a temporary restraining order against the defendants to stop them from violating Missouri consumer protection laws. The lawsuit also asks for appropriate penalties and restitution.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818