FTC Wants Pretexting Ban

February 16, 2007

The U.S. Federal Trade Commission said late yesterday it has asked a U.S. Federal Court in Florida to enforce a permanent ban on "pretexting."This is the practice of using false pretenses to obtain phone records. today said it has asked a federal court in Florida to permanently ban telephone "pretexting" -- the practice of obtaining phone records under false pretenses.

The specific Florida complaint addressed by the FTC involved were several individuals mentioned in conjunction with the H-P pretexting case. These individuals include Matthew DePante, a principal of Action Research Group, in Melbourne, Fla., and as well as Colorado-based investigator Bryan Wagner.

Wagner is kind of the locus here.

Last month, he pleaded guilty to Federal charges of conspiracy and aggravated identity theft. In a plea-bargain type arrangement, Wagner is to testify against other defendants, including DePante, in a California state court.

Pretexting violates the Telecommunications Act of 1996, the FTC argued, and is illegal.

Arguing that pretexting is a violation of the Telecommunications Act of 1996, the FCC said this morning that, "to obtain information, defendants have used or have caused others to use, false pretenses, fraudulent statements, fraudulent or stolen documents or other misrepresentations, including posing as an account holder or as an employee of the telecommunications carrier.Defendants have sold the confidential customer phone records that they have obtained to their clients or others."

As part of enforcement, the FTC said it would request that any funds generated by payments delivered to individuals implicated in pretexting-related practices be paid as fines.

Pretexting violates the Telecommunications Act of 1996, the FTC argued, and is illegal.

As part of enforcement, the FTC said it would request that any funds generated by payments delivered to individuals implicated in pretexting-related practices be paid as fines.