In 2008 several constituents brought in post cards and letters informing them that their warranties were about to expire. We knew that this these companies were not businesses that we recognized and I wondered how our customers’ information was obtained by these “warranty companies”. I worked with the Department of Revenue and Titles for several months and they determined that Kansans’ personal information from the titling process was be used unlawfully. The State of Kansas was the first to file suit with the Recall Center based in Utah.
For Immediate Release:
May 26, 2009
Attorney General wins lawsuit against Utah company
Attorney General Steve Six today announces a victory against The Recall Center, a Utah corporation, for misusing Kansans' personal information for financial benefit. The Kansas Department of Revenue assisted in the case.
"I am pleased to work with the Department of Revenue to protect Kansans' personal information from being used inappropriately," Six said. "Protecting Kansans' personal information and motor vehicle records from misuse is a priority for my office."
The Recall Center agreed to a consent judgment of $1,000,000 for unlawfully selling Kansas motor vehicle records to third parties. The agreement also prevents the Recall Center from using the records in any unauthorized way in the future.
In January 2008, the Kansas Department of Revenue and the Information Network of Kansas entered into a contract with The Recall Center, a Utah corporation, and its owner, Mr. Keith Hayes. Pursuant to the contract, The Recall Center was permitted to purchase Kansas vehicle title and registration records, which could then be used for specific, legal purposes.
Such permitted uses included:
- Assisting car manufacturers in notifying car owners of safety-related defects to be remedied at the car manufacturer's expense;
- Assisting authorized insurers in processing an application for liability insurance
- Assisting the government or law enforcement in carrying out their official functions; and
- Assisting businesses in verifying information for the purpose of compiling vehicle history reports, so long as the vehicle history reports do not identify the name or address of any current or previous owner.The consent judgment stated that the Recall Center and Mr. Hayes sold tens of thousands of Kansas vehicle title and registration records in violation of the contract and Kansas law. The law prohibits any person from knowingly selling a list of names and addresses derived from public records for the purpose of offering for sale any property or service.