The Telecommunications Act of 1996 states that customers' phone records are their private property and can only be disclosed to the customer or with the approval of the customer. According to the FTC complaints in these cases, the defendants advertised on their Web sites that they could obtain the confidential phone records of any individual, including lists of outgoing and incoming calls, and make that information available to their clients for a fee. "The account holders have not authorized the defendants to obtain access to or sell their confidential customer phone records. Instead, to obtain such information, defendants have used, or caused others to use, false pretenses, fraudulent statements, fraudulent or stolen documents or other misrepresentations, including posing as a customer of a telecommunications carrier, to induce officers, employees, or agents of telecommunications carriers to disclose confidential customer phone records," the FTC complaints state. The defendants then sold the records to third parties. According to a Commission complaint, one of the defendants, Integrity Security & Investigations Services, Inc., based in Yorktown, Virginia, also advertised, obtained and sold consumers' financial records, including credit card information.
See the FTC's Web site for more information.