Attorney General's News Release

February 22, 2008

Nixon reaches agreement with New Jersey wireless service provider over alleged No Call violations

St. Louis, Mo. — A New Jersey business that allegedly violated Missouri’s No Call law while telemarketing prepaid wireless service will comply with the law, develop policies and procedures to ensure future compliance and pay $15,000 to the state under an agreement reached today by Attorney General Jay Nixon. Nixon’s assurance of voluntary compliance with Virgin Mobile USA LLC of Warren, N.J. was approved today in St. Louis City Circuit Court.

Nixon filed a lawsuit against Virgin Mobile USA after his office received complaints from consumers who had placed their home numbers on the state No Call list but were contacted by the defendants. At no time did the defendants request a copy of Missouri’s No Call list while contacting Missouri consumers. The complaints to the Attorney General’s Office were between August 2005 and November 2007.

Under today’s agreement, Virgin Mobile USA must comply with the state No Call law and all state consumer protection laws and pay $15,000 to the state. The company is also required to develop policies and procedures to ensure future compliance of the law, including keeping records of all calls to Missouri consumers and maintaining a current list of the residential telephone numbers of all Missouri consumers who do not wish to be called.

In addition, Virgin Mobile USA would be required to pay a civil penalty of up to $2,000 for any future violation of today’s agreement that may result in contempt of court proceedings, and up to $5,000 for any future violation of state consumer protection laws.

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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