72.  FTC v. James J. Rapp, et al ("Touch Tone"), Civil Action No. 99-WM-783 (D. Colo. filed April 21, 1999)

Defendants: James J. Rapp and Regana L. Rapp, individually and doing business as Touch Tone Information, Inc.

Type:  Deceptive "pretexting" by online information broker

Touch Tone is an information broker that offers current bank numbers, brokerage account numbers, specific balances, and other personal information about individuals through its web site at: http://pidirectory.com/touchtone.

On April 21, 1999, the FTC filed suit in federal court, alleging that the defendants engaged in illegal "pretext" calling, posing as consumers and calling banks and using deceptive means to obtain consumers' private financial information. The FTC's complaint alleges that Touch Tone engages in "deceptive" practices, in violation of Section 5 of the FTC Act, and that pretexting without a without consumers' knowledge or consent is also an "unfair" act practice in violation of the statute. Litigation is ongoing.