IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

) 

FEDERAL TRADE COMMISSION, 

Petitioner, 

v. 

TRACERS INFORMATION 

SPECIALISTS, INC. 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Misc. No. -------

PETITION OF THE FEDERAL TRADE COMMISSION FOR AN ORDER 

ENFORCING ADMINISTRATIVE INVESTIGATIVE PROCESS 

AND MEMORANDUM OF LAW 

The Federal Trade Commission (FTC) petitions this Comi under Section 20 of the 

Federal Trade Commission Act (FTC Act), 15 U.S.C. § 57b-1, for an order requiring 

Respondent, Tracers Information Specialists, Inc. (Tracers), to comply with a Civil 

Investigative Demand (CID), a fonn of administrative compulsory process. The CID 

directs Tracers to produce documents, respond to interrogatories, and provide oral 

testimony on 10 specified topics relevant to the investigation. The CID was issued in the 

course of a nonpublic investigation concerning possible violations by Tracers of Section 

5 of the FTC Act, 15 U.S.C. § 45(a), and provisions of the Fair Credit Reporting Act 

(FCRA), 15 U.S.C. §§ 1681, 1681a-x, with respect to Tracers' sale of personal 

infonnation and consumer report infonnation. 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 1 of 24 PageID 1 
The Commission opened the investigation after learning that a Tracers customer 

had been indicted for defrauding the Department of Housing and Urban Development 

(HUD) and other entities by using consumers' Social Security numbers (SSNs) that he 

obtained through Tracers. The CID seeks documents and infonnation from Tracers 

regarding, inter alia, its products and services, its acquisition of personal infonnation and 

consumer repo1i infonnation, and its procedures for vetting prospective customers and 

auditing cmTent customers to ensure they are not engaged in identity theft or other 

unauthorized use of consumer information. Tracers failed to raise timely objections to 

the CID, and did not file an administrative petition to quash or limit the CID when it was 

due, as required under the Commission's Rules of Practice. See 16 C.F.R. § 2. lO(a). 

Instead, after two extensions of time to respond to the CID, Tracers has provided the 

Commission with only 27 documents, responded to only 16 of 27 interrogatories, and 

refused to provide further infonnation absent a court order. 

This proceeding is properly instituted by a petition and order to show cause 

(rather than a complaint and summons) and is summary in nature; discovery or 

evidentiary hearings are granted only upon a showing of exceptional circumstances. See, 

e.g. , FTCv. Carter, 636 F.2d 781 , 789 (D.C. Cir. 1980); FTCv. MacArthur, 532 F.2d 

1135, 1141-42 (7th Cir. 1976); Genuine Parts Co. v. FTC, 445 F.2d 1382, 1388 (5th Cir. 

1971 ); see also United States v. Markvvood, 48 F.3d 969, 981-82 (6th Cir. 1995); Appeal 

of FTC Line of Bus. Report Litig. , 595 F.2d 685, 704-05 (D.C. Cir. 1978). 

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A declaration under penalty of pe1jury of FTC attorney Megan Cox, which 

verifies the allegations of this Petition, is attached hereto as Petition Exhibit ("Pet. Exh.") 

1. Additional exhibits are as follows: 

Pet. Exh. 2 Printouts from Tracers' website, www.tracersinfo.com (last visited 

Feb. 9, 2016); 

Pet. Exh. 3 Resolution Directing Use of Compulsory Process (FTC File No. 

992-3120) (Apr. 15, 1999); 

Pet. Exh. 4 Resolution Directing Use of Compulsory Process (FTC File No. 

P954807) (Jan. 24, 2013); 

Pet. Exh. 5 Civil Investigative Demand directed to Tracers Information 

Specialists, Inc. (FTC File No. 1523218) (Aug. 20, 2015); 

Pet. Exh. 6 Letter from Maneesha Mithal, Associate Director, Division of 

P1ivacy and Identity Protection, FTC, to Richard G. Salazar, 

Buchanan Ingersoll & Rooney PC (Sept. 18, 2015); 

Pet. Exh. 7 Letter from Mithal to Salazar (Sept. 28, 2015); 

Pet. Exh. 8 Letter from Mithal to Salazar (Oct. 23, 2015); 

Pet. Exh. 9 Email from Megan Cox to Salazar and Carrie G. Amezcua, 

Buchanan Ingersoll & Rooney PC (Oct. 27, 2015); 

Pet. Exh. 10 Tracers subscriber application form, available at 

http://www.tracersinfo.com/subscriber-application.pdf (last visited 

Feb. 9, 2016); 

Pet. Exh. 11 Letter from FTC attorney Ben Rossen to Salazar (Dec. 1, 2015); 

Pet. Exh. 12 Letter from Mithal to Salazar (Dec. 4, 2015); 

Pet. Exh. 13 Letter from Mithal to Salazar (Jan. 15, 2016 ). 

The Parties 

1. The Commission is an administrative agency of the United States, 

organized and existing pursuant to the FTC Act, 15 U.S. C. § 41 et seq. The Commission 

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is authorized and directed by Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), to prohibit, 

inter alia, "unfair or deceptive acts or practices in or affecting commerce." The 

Commission is also authorized to enforce the FCRA, 15 U.S.C. §§ 1681, 168la-x, 

violations of which "shall constitute an unfair or deceptive act or practice" under Section 

5, 15 U.S.C. § 1681s(a)(l). 

2. Tracers is a Massachusetts corporation with its principal place of business 

at 154 70 Flight Path Drive, Brooksville, Florida 34604. It offers a number of internetbased search services, which customers can use to access infonnation about individuals 

and businesses from public records and proprietary databases. Pet. Exh. 1 ,r 3. For 

example, its People Searches service gives customers access to an individual's Social 

Security number (SSN), birthdate, home and email address, and info1mation about the 

individual's relatives and roommates. Id.; see Pet. Exh. 2 (printouts from Tracers' 

website). 

Jurisdiction and Venue 

3. Section 3 of the FTC Act, 15 U.S.C. § 43, authorizes the Commission to 

prosecute any inquiry necessary to its duties in any part of the United States. Section 6 of 

the FTC Act, 15 U.S.C. § 46, empowers the Commission to gather and compile 

infonnation concerning, and to investigate from time to time, the business and practices 

of persons, partnerships, or corporations engaged in or whose business affects commerce, 

with certain exceptions not relevant here. Section 20 of the FTC Act, 15 U .S.C. § 57b-l, 

empowers the Commission to issue CIDs to require any person, inter alia, to produce 

documentary material, to file written reports or answers, and to give oral testimony 

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relating to any Commission law enforcement investigation. The FTC has the same 

"procedural, investigative, and enforcement powers" under the FCRA that it has under 

the FTC Act, including the power to require ''the filing of reports, the production of 

documents, and the appearance of witnesses." 15 U.S.C. § 168ls(a)(l). 

4. This Court has jurisdiction over Tracers and the authority to enforce the 

CID under Section 20(e) of the FTC Act, which provides, in pertinent part, as follows: 

Whenever any person fails to comply with any civil investigative demand 

duly served upon him under this section, or whenever satisfactory copying 

or reproduction of material requested pursuant to the demand cannot be 

accomplished and such person refuses to surrender such material, the 

Commission, through such officers or attorneys as it may designate, may 

file, in the district court of the United States for any judicial district in 

which such person resides, is found, or transacts business, and shall serve 

upon such person, a petition for an order of such court for the enforcement 

of this section. 

15 U.S.C. § 57b-l(e). 

5. Tracers resides in and engages in commerce in this district, as the term 

''commerce" is defined under Section 4 of the FTC Act. 15 U.S.C. § 44. Because the 

Middle District of Florida is a jurisdiction within which Tracers "resides, is found, or 

transacts business," venue is proper under Section 20 of the FTC Act. 15 U.S.C. § 57b1 ( e). 

Authority for and Issuance of the CID 

6. FTC staff opened this investigation after learning that an individual, 

posing as a debt collector, had opened a Tracers account and obtained consumers' SSNs, 

which he and his co-conspirators then used in submitting fraudulent refund claims to 

HUD. Pet. Exh. 1 ,r 4; see United States v. Jones, No. 2:15-cr-20019-MFL-MKM-3, ECF 

5 

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No. 26 (E.D. Mich. Jul. 13, 2015) (guilty plea). The investigation seeks to detennine 

whether Tracers' practices in the sale of consumer information are unfair or deceptive in 

violation of Section 5 of the FTC Act, 15 U.S.C. § 45(a). The investigation also seeks to 

detennine whether Tracers has violated the FCRA, which, inter alia, allows consumer 

repo1iing agencies to disclose consumer reports only for certain permissible purposes, 15 

U .S.C. § 1681 b, and requires consumer reporting agencies to adopt procedures to prevent 

unauthorized disclosures, 15 U.S.C. § 1681e(a). Pet. Exh. 1 ,i 5. See 15 U.S.C. § 1681a 

(defining "consumer report" as infonnation "bearing on a consumer's credit worthiness, 

credit standing, credit capacity, character, general reputation, personal characte1istics, or 

mode ofliving," which is collected for purposes of credit, insurance, or other purposes 

authorized by the FCRA). 

7. On August 20, 2015, the Commission issued a CID to Tracers under the 

authority of FTC Resolution Nos. 992-3120 and P954807. Pet. Exh. 1 ,i,i 6-7. 

Resolution No. 992-3120 authorizes the use of any and all compulsory process available 

to the Commission 

to detennine whether persons, pa1inerships or corporations may be 

engaging in, or may have engaged in, acts or practices in violation of the 

Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and/or Section 5 of 

the Federal Trade Commission Act, 15 U.S.C. § 45, as amended, relating 

to infonnation furnished to consumer reporting agencies, maintained in the 

files of consumer reporting agencies, or obtained as a consumer repo11 

from a consumer reporting agency. Such investigation shall, in addition, 

determine whether Commission action to obtain redress of injury to 

consumers or others would be in the public interest. 

Pet. Exh. 3. Resolution No. P954807 authorizes the use of compulsory process 

[t]o detennine whether unnamed persons, partnerships, corporations, or 

others are engaged in, or may have engaged in, deceptive or unfair acts or 

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practices related to consumer privacy and/or data security, including but 

not limited to the collection, acquisition, use, disclosure, security, storage, 

retention, or disposition of consumer infonnation, in or affecting 

commerce, in violation of Section 5 of the Federal Trade Commission Act, 

15 U.S.C. § 45, as amended. Such investigation shall, in addition, 

detennine whether Commission action to obtain redress of injury to 

consumers or others would be in the public interest. 

Pet. Exh. 4. 

8. The CID sought infonnation about several topics, including Tracers' 

corporate structure; the scope of its products and services; the sources from which it 

obtains information about consumers; and its costs, prices, and profits. Pet. Exh. 1 ,r 8; 

Pet. Exh. 5. The CID also sought infonnation about (a) Tracers' procedures for vetting 

new customers and auditing existing ones; (b) Tracers' communications with customers 

during the vetting and auditing process; (c) the documentation that Tracers requires new 

and existing customers to submit; and (d) the extent to which Tracers' vetting and 

auditing were able to identify whether its customers were engaged in identity theft or 

other unauthorized use of consumers' personal infonnation or consumer report 

infonnation, and if so, what actions Tracers took in response. Pet. Exh. 1 ,r 8. 

9. The CID required Tracers to respond to 27 interrogatories and 15 

document requests by September 23 , 2015. Pet. Exh. 5. It also directed one or more 

representatives of Tracers to appear and testify at an FTC investigational hearing on 

October 23 , 2015. Id. 

10. Pursuant to 16 C.F.R. § 2.7(/), FTC staff granted Tracers two successive 

requests for a thirty-day extension of time to produce documents and respond to 

interrogatories. Pet. Exh. 1 ,r,r 9, 11; Pet. Exh. 6 (9/1 8/1 5 letter); Pet. Exh. 8 (10/23/1 5 

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letter). Ultimately, staff modified the CID by establishing a new deadline of November 

23, 2015, for the document requests and inte1Togatories. Pet. Exh. 8. Staff also modified 

the CID to reschedule the investigative heaiing on three occasions. Pet. Exh. 1 ,r,r 9, 19; 

Pet. Exh. 6 (9/1 8/2015 letter); Pet. Exh. 12 (12/4/15 letter); Pet. Exh. 13 (1/15/16 letter). 

That hearing is now scheduled for March 17, 2016. 

Tracers' Response to the CID 

11. During a mandatory meet-and-confer session on September 16, 2015 (see 

16 C.F.R. § 2.7(k)), Tracers' counsel asked FTC staff to modify the scope of several CID 

specifications. Pet. Exh. 1 ,r,r 9, 10. Of particular relevance here, staff granted Tracers' 

request to nairnw Document Request 3, which had sought "all documents" concerning 

Tracers' "auditing, investigation, vetting, review, or verification" of anyone with whom it 

had a "business relationship" involving the purchase or use of personal information. Pet. 

Exh. 7 (9/28/1 5 letter); Pet. Exh. 1 ,r l0(d). In response, FTC staff modified and limited 

the document request to two categories of material: (1) Tracers' policies and procedures 

for vetting prospective customers and auditing existing customers (Document Request 

3(a)); and (2) a "representative random sample'' of documents relating to its vetting and 

audits of specific customers since 2010 (Document Request 3(b)). Pet. Exh. 7 (9/28/15 

letter); Pet. Exh. 1 ,r 10( d). Tracers' counsel had represented that such limitations would 

resolve Tracers' concerns about burden. Id. 

12. On October 27, 2015, FTC staff infonned Tracers that the representative 

random sample required by the modified CID comprised 257 customers and 357 

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applicants and directed Tracers to produce documents relating to the manner in which it 

bad vetted and audited those entities. See Pet. Exh. 1 ,i 12; Pet. Exh. 9 (10/27/15 email). 

13. Other than the modifications discussed at the September 2015 meet-andconfer, Tracers failed to raise any objections or concerns regarding the Commission's 

CID for roughly three months after the CID was issued. See Pet. Exh. 1 ,i 13. Tracers 

also failed to file an administrative petition to limit or quash the CID within twenty days 

of service of the CID, as required under the Commission's rules. See 16 C.F.R. § 2.10( a); 

Pet. Exh. 1 il 14. 

14. On November 19, 2015, Tracers informed Commission staff for the first 

time that it intended to object to certain interrogatories and document requests and to 

withhold production of ce1iain responsive documents. Pet. Exh. 1 ,i 14. On November 

23, 2015, Tracers told FTC staff that it was withholding the following categories of 

material (Pet. Exh. 1 ,i 15): 

a. Auditing and Vetting Documents: otwithstanding Tracers' expressed 

willingness (see il 11 , supra) to provide a representative sample of 

documents reflecting its audits and vetting of applicants and customers 

(Document Request 3(b ), as modified 9/28/15), Tracers for the first time 

objected that such documents contain trade secrets and confidential 

infonnation. Pet. Exh. 1 ,i 15( a). Tracers also claimed that these 

documents are maintained in hard copy only and therefore that it would be 

unduly burdensome to produce them. Id. Tracers further refused to 

specify how many applicants were denied access to its services 

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(Interrogatory 12, as modified 9/28/15), again claiming that providing 

such infonnation would be unduly burdensome. Id. 

b. Customer Identities: Tracers also refused to identify its customers and 

applicants, including those it tenninated after audits (lnten-ogatories 9-10, 

13, 1 7-18), or to provide documents reflecting how much each customer 

paid for Tracers' services (Document Request 6, as modified 9/28/15). 

Pet. Exh. I ,r I 5(b ). Tracers claimed that the names of its customers and 

applicants are trade secrets and that they are protected from disclosure by 

Tracers' confidentiality agreements. Id. Tracers further objected that it 

would be unduly burdensome to provide the names of customers it audited 

(Interrogatories 17-18) because Tracers keeps this information in hard 

copy. 

C. Sources of Consumer Information: Tracers declined to produce 

documents regarding its policies, practices, and procedures for collecting 

infom1ation about consumers (Document Request 4(a)). Pet. Exh. 1 ,r 

15(c). It also refused to identify its sources of info1mation, to describe the 

information it collected, to explain how it uses that infonnation, or even to 

state the number of consumers whose personal infonnation and consumer 

report information is provided by each source (Interrogatories 8, 8(a)-(c)). 

Id. Likewise, Tracers refused to describe the search databases that it 

provides to its customers (Interrogatory 19). Id. Finally, Tracers claimed 

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that the identity of its sources is a trade secret and is subject to 

confidentiality agreements with those sources. Id. 

d. Costs, Revenues, and Profits: Tracers refused to provide infonnation 

about its costs, revenues, and profits (Document Requests 7-8, as modified 

9/28/15; Inte1Togatories 26-27), asserting that this infonnation was 

confidential, a trade secret, and that it was not relevant to the 

investigation. Pet. Exh. 1 ,r 15( d). 

e. Subscriber Applications: Tracers refused to answer Inte1Togatory 7, which 

directed it to specify the categories of intended use (e.g. , child support 

enforcement, collections, legal process service) for which prospective 

customers may request access to each of its services. Tracers claimed this 

inten-ogatory was vague. Pet. Exh. 1 ,r 15( e ). 

For several of the CID specifications (Inten-ogatory 12; Document Requests 3(b), 6-8), 

Tracers refused to provide responsive information even though FTC staff had already 

modified these requests as discussed at the September 2015 meet-and-confer. See ,r 11 , 

supra; Pet. Exh. l ,r,r l0(a)-(d), 16; Pet. Exh. 7 (9/28/1 5 letter). 

15. By letter of December 1, 2015 (Pet. Exh. 11), FTC staff notified Tracers 

of the deficiencies in its production. Staff offered to forebear recommending this matter 

for enforcement if Tracers responded fully to all inte1Togatories by December 8, 2015, 

produced documents in response to cetiain outstanding requests by December 14, and 

provided all remaining documents by December 28 . Pet. Exh. 1 ,r 18; Pet. Exh. 11 . 

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16. On December 16, 2015 however, Tracers informed FTC staff that it 

would not produce anything further in response to the CID without a court enforcement 

order. Pet. Exh. 1 ,r 20. 

17. On January 7, 2016, Tracers supplemented its objections to Inte1Togatories 

8 and 8(a)-(c) and Document Request 3(b) without providing additional responsive 

infonnation. Pet. Exh. 1 ,r 21. Instead, Tracers claimed that it would be unduly 

burdensome to identify and describe its infonnation sources, as required by 

[nteJTogatories 8 and 8(a)-(c). Id. It also asserted for the first time that its database is so 

large that it cannot identify all its sources. Id. Additionally, Tracers reiterated its refusal 

to provide a representative random sample of audit and vetting files, and instead offered 

to provide a total of 50 customer audit and applicant files. Pet. Exh. 1 ,r 21. 

18. Tracers' response to the CID remains deficient. Indeed, Tracers has 

produced a total of27 documents and provided responsive answers to only 16 of27 

interrogat01ies. Pet. Exh. 1 ,r 17. 

19. Tracers' failure to comply with the CID greatly impedes the 

Commission's ongoing investigation, and prevents the Commission from completing its 

investigation in a timely manner. Pet. Exh. 1 ,r 22. 

Memorandum of Law 

The com1's role in a proceeding to enforce a subpoena or civil investigative 

demand is "sharply limited.' United States 1. Florida Azalea Specialists, 19 F.3d 620, 

623 (11th Cir. 1994) ( quoting EEOC v. Kloster Cruise Ltd., 939 F.2d 920, 922 (11th Cir. 

1991 )). While "the court's function is neither minor nor ministerial, the scope of issues 

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which may be litigated in a [ compulsory process] enforcement proceeding must be 

nan-ow, because of the important govenunental interest in the expeditious investigation of 

possible unlawful activity." FTC v. Texaco, Inc., 555 F.2d 862, 872 (D.C. Cir. 1977) (en 

bane) (internal citation omitted). Thus, a district comi must enforce agency process so 

long as (I) the inquiry is within the authority of the agency; (2) the demand is not too 

indefinite; and (3) the information sought is reasonably relevant. EEOC v. Tire Kingdom, 

Inc., 80 F.3d 449, 450 (11th Cir. 1996) (per curiam) (citing United States v. Morton Salt 

Co., 338 U.S. 632, 652 (1950)); Florida Azalea Specialists, 19 F.3d at 623; see also 

United States v. Lockheed Martin Co,p., 995 F. Supp. 1460, 1462 (M.D. Fla. 1998). 

The CID in this case was lawfully issued, is not unduly burdensome, and the 

requested materials are plainly relevant to the Commission's investigation. Additionally, 

because Tracers failed to exhaust its administrative remedies by filing a petition to limit 

or quash the CID before the Commission, it may not now object to judicial enforcement. 

See, e.g., EEOC v. Cuzzens of Georgia, Inc. , 608 F.2d 1062, 1064 (5th Cir. 1979) (per 

curiam). 1 The Co1mnission, accordingly, respectfully requests that this Comt direct 

Tracers to appear and show cause why it should not fully comply, and thereafter enter its 

own order enforcing the CID. See, e.g., Florida Azalea Specialists, 19 F.3d at 623-24. 

1 Cases decided by the fonner Fifth Circuit prior to the close of business on September 

30, 1981 , are binding precedent. Bonner v. City of Prichard, 661 F .2d 1206, 1209 (11th 

Cir. 1981 ). 

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I. Tracers' Objections To The CID Should Be Rejected Because Tracers Failed 

To Exhaust Its Administrative Remedies. 

The Commission's rules require a CID recipient to file with the Commission a 

"petition to limit or quash any compulsory process," which sets fo1ih "all assertions of 

protected status or other factual and legal objections to the Commission compulsory 

process, including all appropriate arguments, affidavits, and other supporting 

documentation." 16 C.F.R. § 2. l0(a)(l). The petition is due 20 days after service of the 

CID, unless a designated FTC staff member extends the deadline. 16 C.F .R. § 2.1 0(a)( 1 ), 

(5). The full Commission then considers the petition and issues a written ruling. 16 

C.F.R. § 2.I0(c). 

Because Tracers made "no effo1i to exhaust the available administrative remedies" 

(see 113, supra), it may not now contest enforcement of the CID "for any reason sho1i of 

objections based on constitutional grounds." Cuzzens o.f Georgia, 608 F.2d at 1064. As 

the Supreme Court has explained, the recipient of FTC process may not challenge the 

demands as "arbitrarily excessive" without first making "reasonable effo1is before the 

Commission itself to obtain reasonable conditions." Morton Salt, 338 U.S. at 653. Had 

Tracers filed a petition to quash, the Commission would have had "the oppo1iunity to 

disclaim any inadvertent excesses or to justify [its] demands in the record." Id. at 653-54. 

See also NLRB v. Fresh & Easy Neighborhood Mia., Inc., 805 F.3d 1155, 1159 (9th Cir. 

2015) ("In deference to the Board's interest and expertise in managing the cases before it, 

we generally will not entertain a challenge to a subpoena that was not first brought before 

the Board."). 

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This requirement of administrative exhaustion applies even if a process recipient 

"waits for the FTC to bring an action [rather] than if he himself institutes it. In either 

case, there was an administrative mechanism for him to utilize and he failed to do so." 

FTC v. 0 'Connell Assocs., Inc., 828 F. Supp. 165, 168 (E.D.N.Y. 1993); see also 

Cuzzens of Georgia, 608 F.2d at 1063 (subpoena recipient must exhaust available 

remedies even if it "appeared in couii only to raise defenses to the enforcement"). 

Tracers is accordingly precluded from contesting the Commission's enforcement petition, 

but even if it could raise belated objections, they would caiTy no weight, as we 

demonstrate below. 

II. The CID Is Within The Commission's Authority And Seeks Only Relevant 

Information. 

The FTC has ample authority to issue CIDs in its investigations. See ,I 3, supra. 

The Commission issued the CID here as part of an investigation into possible violations 

of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a) 2 and multiple provisions of the FCRA, 

e.g., 15U.S.C. §§ 1681b, 168le(a).3 TheCIDherewasissuedundertwoCommission 

2 Section 5 provides, in relevant part: 

(a)(l) [U]nfair or deceptive acts or practices in or affecting commerce, are 

hereby declared unlawful. 

(2) The Commission is hereby empowered and directed to prevent 

persons, partnerships, or corporations ... from using . .. unfair or 

deceptive acts or practices in or affecting commerce. 

15 U.S.C. § 45. 

3 Section 604 of the FCRA allows consumer reporting agencies to furnish consumer 

repo1is only for certain pennissible purposes, and prohibits a person from using or 

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resolutions authorizing staff to use "any and all compulsory processes available to it . .. 

in connection with this investigation." Pet. Exhs. 3 & 4; see 17, supra (quoting 

resolutions). 

The CID was properly authorized and duly issued. See 15 U.S.C. 57b-l(c)(l); see 

also 16 C.F.R. § 2.7(a). 4 It seeks documents, infom1ation, and testimony indisputably 

"relating to" the subject matter of the investigation, and it was duly signed by a member 

of the Commission (Chairwoman Edith Ramirez). Pet. Exh. 5. Based on this, and in 

light of its frequent conversations with FTC staff, Tracers has received ample notice of 

the purpose and scope of the investigation. See 15 U.S.C. § 57b-l(c)(2); 16 C.F.R. § 2.6. 

obtaining consumer repo1is for any purposes "not authorized to be furnished under this 

section." 15 U.S.C. § 1681b(a), (f). Section 607 of the FCRA provides, 

Every consumer reporting agency shall maintain reasonable procedures 

designed . .. to limit the furnishing of consumer reports to the purposes 

listed under section 604 [§ 1681 b] of this title. These procedures shall 

require that prospective users of the information identify themselves, 

certify the purposes for which the inforn1ation is sought, and certify that 

the infonnation is used for no other purpose. Every consumer reporting 

agency shall make a reasonable effort to verify the identity of a new 

prospective user and the uses certified by such prospective user ptior to 

furnishing such user a consumer report. o consumer repotiing agency 

may furnish a consumer report to any person if it has reasonable grounds 

for believing that the consumer report will not be used for a purpose listed 

in section 604 [§ 1681 b] of this title. 

15 U.S.C. § 168le(a). 

4 Section 2.7(a) of the C01mnission's Rules of Practice provides, in relevant part: "The 

Commission or any Commissioner may, pursuant to a Commission resolution, issue a 

subpoena, or a civil investigative demand, directing the recipient named therein to appear 

before a designated representative at a specified time and place to testify or to produce 

documentary material, or both, and in the case of a civil investigative demand, to provide 

a written report or answers to questions, relating to any matter under investigation by the 

Commission." 

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The CID seeks material that goes to the heart of the cmTent investigation. The 

standard for judging relevancy in an investigation is a broad one. In an investigation, the 

Commission is not limited to seeking infonnation that is necessary to prove specific 

charges. Rather, the objective of an investigation is to learn whether there is reason to 

believe that the law has been, or is being, violated and, if so, whether the issuance of a 

complaint would be in the public interest. See Texaco, 555 F.2d at 872; see also Florida 

Azalea Specialists, 19 F.3d at 622-23 (an agency 'can investigate merely on suspicion 

that the law is being violated, or even just because it wants assurance that it is not") 

(quoting Morton Salt, 338 U.S. at 642-43). The required documents and infonnation, 

therefore, need only be relevant to the investigation- the boundary of which may be 

defined by the agency quite generally. See Carter, 636 F.2d at 787-88; Texaco, 555 F.2d 

at 874 & n.26. 5 

In this investigation, the FTC seeks to determine whether Tracers has complied 

with the FTC Act and the FCRA in its acquisition, handling, and sale of personal 

infonnation and consumer report information, and whether any violations by Tracers 

would wa1Tant monetary relief. See ,r,r 6-8, supra; Pet. Exhs. 3 & 4 (investigative 

resolutions). As part of the investigation, the FTC has inquired, inter alia, about Tracers' 

costs, revenues, and profits. See ,r 8, supra. Such questions are "reasonably relevant" to 

this investigation. 

5 The FTC's investigatory authority is thus significantly broader than certain other 

agencies that issue administrative subpoenas, including the EEOC, whose subpoena 

power is limited to infonnation "relevant to the charge under investigation." 42 U.S.C. § 

2000e-8(a); see EEOC v. Shell Oil Co ., 466 U.S. 54, 64 & n.14 ( 1984). 

17 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 17 of 24 PageID 17 
Tracers, however, has refused to provide information about its costs, revenues, or 

profits (Document Requests 7-8, as modified 9/28/15; Interrogat01ies 26-27), objecting 

that this infomrntion is iJ.Televant. See 1 14( d), supra. Again, Tracers has not exhausted 

its remedies on this issue (see ii 13, supra), and, in any event, its costs revenues, and 

profits are central to this inquiry. Under the FTC Act, a practice is "unfair" only when it 

"causes or is likely to cause substantial injury to consumers which is not reasonably 

avoidable by consumers themselves and not outweighed by countervailing benefits to 

consumers or to competition." 15 U.S.C. § 45(11). Tracers' costs, revenues, and profits 

will help FTC staff understand whether Tracers' practices have caused substantial 

consumer injury, and whether those practices produce benefits to consumers and 

competition that outweigh any consumer injury. Additionally, this inquiry also seeks to 

decide whether "Conunission action to obtain redress of injury to consumers or others 

would be in the public interest." Pet. Exhs. 3 & 4 (resolutions). See FTC v. Invention 

Submission Corp., 965 F.2d 1086, 1087-88 (D.C. Cir. 1992) ("The purpose of an 

investigation is defined by the investigative resolution that authorizes compulsory 

process."). Tracers' costs, revenues, and profits will thus help Commission staff 

understand whether monetary relief is feasible or approp1iate in this case. 

III. The Commission's Investigative Authority Encompasses Trade Secrets And 

Other Confidential Business Information. 

Tracers may not rely on the confidential status of the materials sought as a basis 

for refusing to comply with a CID. "Congress, in authorizing the Commission's 

investigatory power, did not condition the right to subpoena infonnation on the 

sensitivity of the infonnation sought." FTC 1. Invention Submission Co,p., Misc. o. 89-

18 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 18 of 24 PageID 18 
272(RCL), 1991 WL 47104 at *4 (Feb. 14, 1991), qff'd, 965 F.2d at 1089. See also FTC 

v. Gibson Prods. of San Antonio, Inc., 569 F.2d 900, 908 (5th Cir. 1978) ("We also do 

not believe the subpoenas are overly broad . .. simply because the requests may include 

confidential information."); FTC v. Rockefeller, 441 F. Supp. 234,242 (S.D.N.Y. 1977) 

( confidentiality of subpoenaed material "poses no obstacle to enforcement"). 6 In fact, 

both the FTC Act and the FTC's Rules of Practice provide robust confidentiality 

protections for info1mation the Commission obtains through compulsory process. See, 

e.g., 15 U.S.C. § 57b-2; 16 C.F.R. § 4.10. 

onetheless, months after the Commission issued the CID and the parties held a 

meet-and-confer session, Tracers contended for the first time that it was entitled to 

withhold documents and responses to inten-ogatories on the basis that they were trade 

secrets or subject to confidentiality agreements with third parties. Specifically, Tracers 

invoked confidentiality when refusing to provide docwnents and infonnation about its 

vetting and auditing of customers (modified Document Request 3(b)); 7 its customers' 

identities (Interrogatories 9-10, 13 17-18; modified Document Request 6); its collection, 

licensing and sources of consumer information (Document Request 4(a); Interrogatories 

8, 8(a)-(c), 19); and its costs, revenues, and profits (Document Requests 7-8). See ,r 

14(a)-(d) supra. As shown above, however, the confidential status of the infonnation 

6 See also FTC v. Green, 252 F. Supp. 153, 157 (S.D. .Y. 1966) ("The fact that 

information sought by the Commission in an investigation constitutes a trade secret does 

not limit the Commission's power to obtain it."). 

7 Tracers contradicted its own objection when it offered to produce the vetting and audit 

files for 50 of its customers. See ,r 17, supra. If Tracers believes that confidentiality is 

no bar to producing the files of these 50 customers, the same logic must apply to its 

remaining customer files. 

19 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 19 of 24 PageID 19 
and documents sought by an FTC CID does not excuse a party from compliance. The 

Commission, therefore, is entitled to enforcement of the CID regardless of the 

confidentiality of the requested materials. 

IV. Interrogatory 7 Identifies The Required Information With Sufficient 

Specificity. 

The CID's document requests and inteITogatories are clear, reasonably precise, 

and not "too indefinite." See Tire Kingdom, 80 F.3d at 450 (citing Morton Salt, 338 U.S. 

at 652). Tracers' assertion that Interrogatory 7 is vague (see ~ 14(e), supra) is belied by 

its failure to raise this point either in the September 2015 meet-and-confer session with 

FTC staff or in an administrative petition to quash. The meaning of Interrogatory 7 is 

abundantly clear when viewed in the context of this investigation. 

Interrogatory 7 directs Tracers to name the "category or categories" under which a 

Tracers customer may apply for access to each Tracers service using the company's 

subscriber application fonn. These categories relate to the purpose for which the user 

requests access to a service. Pet. Exb. l ~ 15(e); see 15 U.S.C. § 1681e(a) (consumer 

repo1ting agencies must "require that prospective users of the infomrntion identify 

themselves, certify the purposes for which the infonnation is sought, and certify that the 

infonnation is used for no other purpose"). Tracers' application fonn requires customers 

to select the appropriate checkbox to indicate how they intend to use the requested 

personal infonnation and conswner report information ( e.g,, "child support enforcement"; 

"collections"· "legal process service"). Pet. Exh. 10, at page 6. It is therefore obvious 

that the inte1TOgatory requires Tracers to identify each category of intended use that 

customers may select to gain access to each Tracers service. Pet. Exh. I ,r 15(e). Thus, 

20 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 20 of 24 PageID 20 
the scope of Interrogatory 7 is clear to anyone who has basic infom1ation about the 

FCRA, the nature of Tracers' business, and its subsc1iber application fonn. 

V. The CID Is Not Unduly Burdensome. 

Finally, Tracers has not established that complying with the CID would cause 

undue burden. It is well established that FTC administrative process "is not unreasonably 

burdensome unless 'compliance threatens to unduly disrupt or seriously hinder nonnal 

operations of a business.'" FTC v. Jim Walter Corp., 651 F.2d 251 , 258 (5th Cir. Unit A 

July 1981) (quoting Texaco, 555 F.2d at 882), abrogated on other grounds by Ins. Corp. 

of Ireland, ltd. v. Campagnie des Bauxites de Guinee, 456 U.S. 694, 702-03 (1982). 8 

Some burden on the subpoenaed party is "to be expected and is necessary in furtherance 

of the agency's legitimate inquiry and the public interest." Texaco , 555 F.2d at 882. The 

party resisting compliance has the burden to show the "measure of their grievance rather 

than [asking the court] to assume it." FTC v. Standard American., Inc., 306 F.2d 231 , 235 

(3d Cir. 1962); see also Jim Walter, 651 F.2d at 258 ("The subpoenaed pa1iy must not 

merely utter the claim; it must persuade us."). That burden is "not easily met," Texaco , 

555 F.2d at 882, and Tracers cannot meet it here. 

Although Tracers has claimed undue burden in producing its customer audit and 

vetting files (Document Request 3(b ), as modified 9/28/15), FTC staff addressed that 

concem when it limited the CID by allowing Tracers to produce a representative sample 

of these files. Indeed, Tracers' counsel represented that a random sample would resolve 

8 If a subpoena or CID recipient makes this showing, only then will the court proceed to 

"balance the hardships and benefits" of compliance. Jim Walter, 651 F.2d at 258 

( quotation omitted). 

21 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 21 of 24 PageID 21 
Tracers' burden concerns. See ,r 11, supra. Months later, however, Tracers objected to 

producing even this representative sample, claiming that it would be unduly burdensome 

to review a sample of approximately 600 files that it maintains in hard paper fonnat. See 

,r,r 14(a), 17, supra. On this same ground, Tracers is also now refusing to provide the 

number of applicants who were denied access to its services (Interrogatory 12, as 

modified 9/28/ 15) and the names of customers it subjected to audits (Interrogatories 17-

18). See ,r 14(a)-(b ), supra. 

Given Tracers' failure to raise these issues in an administrative petition to 

quash- in which it could have provided "supporting documentation" for its burden claim 

(see 16 C.F.R. § 2.1 0(a)(l))- it may not raise these issues for the first time in defense of 

an enforcement petition. In any event, there is no reasonable basis to believe that review 

and production of a few hundred customer files would impose a substantial burden on 

Tracers' operations. Even assuming that Tracers would incur some burden in reviewing 

paper files, the manner in which Tracers has decided to maintain its files is not a proper 

basis for resisting enforcement. See, e.g., EEOC v. Ma,yland Cup Corp., 785 F.2d 471, 

4 77 ( 4th Cir. 1986) (company's allegation "that it needs constant access to all of the 

documents" is not "evidence that the company's normal operations will be seriously 

disrupted if it produces the documents"). 

As for Tracers' reliance on burden to justify withholding its sources of 

infonnation and any description of those sources (Interrogatories 8, 8(a)-(c)), see ,r 17, 

supra, Tracers did not provide FTC staff with any support for its claim that producing 

this material would disrupt its business. It is therefore not entitled to object on this basis 

22 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 22 of 24 PageID 22 
before this Cou1t. In any event, even if Tracers can no longer identify all of its sources, it 

remains obligated to provide the FTC with any responsive information in its possession, 

custody, or control. See, e.g., Searock v. Stripling, 736 F.2d 650,653 (11th Cir. 1984) 

("Control is defined not only as possession, but as the legal right to obtain the documents 

requested upon demand."). 

Prayer for Relief 

WHEREFORE, the Commission invokes the aid of this Court and prays: 

a. For the immediate issuance of an order directing Tracers to appear and 

show cause why it should not comply in full with the CID; 

b. For a prompt dete1mination of this matter and an order requiring Tracers 

to fully comply with the CID within ten (10) days of such order, or at such later date as 

may be established by the Commission; 

c. For such other relief as this Court deems just and proper. 

23 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 23 of 24 PageID 23 
Respectfully submitted, 

JONA THA E. UECHTERLEI 

General Counsel 

DA YID C. SHONKA 

Principal Deputy General Counsel 

LESLIE RICE MELMAN 

Assistant General Counsel for Litigation 

Of Counsel: 

MEGAN COX ------ BR ADLEY GROSSMAN, =--------) 

Litigation Counsel 

BE JAMI ROSSEN Office of the General Counsel 

Division of Privacy and Federal Trade Commission 

Identity Protection 600 Pennsylvania Ave., N.W. 

Washington, D.C. 20580 

(202) 326-2994 

Dated: February 12, 2016 (202) 326-2477 (fax) 

bgrossman@ftc .gov 

24 

Case 8:16-mc-00018-VMC-TGW Document 1 Filed 02/12/16 Page 24 of 24 PageID 24 
JS -1-1 (Re,·. 12 12) CIVIL COVER SHEET 

The JS 44 civil cmer she~t and the information contained herein neith~r replace nor_ supplement the til_ing and service of pleadings or ?ther papers _as required ~y law. !,!XCCpt as provided by local_ rules of _court. This form. approved by the Jud1c1al Conkrcnce ot the Umted States m September 1974. 1s required tor the use of the Clerk ot Court for the 

purpose of initiating the civil docket sheet. tS/:1, t.VS/1// ·1 ·no.\:1· ox Xt:.\'Tl'.-1< a; !IF !HIS F!l!Ul1 

I. (a) PLAINTIFFS DEFENDANTS 

Federal Trade Commission Tracers Information Specialists, Inc. 

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant l:!.filDsi,_,n.,, d.,,o ______ _ 

/EH '/:FT I \' l '.S. /'I.Al.\'TIFF<'.-ISl:'.\'j fl.'.' I ·.s. l'I.AJ:,7/FF < 'ASl:S O.\ 'l.li 

t-:OTt:::: IN LAND C'Ol\DEMl\ATIO\ CASES. L"SE THE LOCATIOt-: OF THE TRACT OF LAND INVOL \"ED. 

( C) Attorneys I Firm Y.uue. Address, um/ Telephone .\"umher; Attorneys 111 K11mr11/ 

Bradley D . Grossman, 600 Pennsylvania Avenue, N.W., Washington, Richard G. Salazar, Buchanan Ingersoll & Rooney PC, 401 E. 

D.C. 20580; 202-326-2994 Jackson Street, Suite 2400, Tampa, FL 33602; 813-222-1142 

II. BASIS Of JURISDICTION l/'/uceu11 ··.r·· f11/)11eHox011(1J Ill. CITIZENSHIP OF PRINCIPAL PARTIES ll'l<1ceu11 .. _,. .. m One HoxforP/011111(( 

fl-'r>r /Jll•er.\·ily Cm·es Onfr; am/ ( )ne Box.for /Je.fem/m11J 

l1'I I U.S. GoYernmenl 0 3 Federal Question PTF DEF PTF DEF 

Plaintiff ((! . .\". ( im·<•rmnelll ., ·01 a Porty) Citizen of This Stale O I 0 Incorporated or Principal Place O 4 D 4 

of Business In This State 

0 2 U.S. Go,·ernment 0 4 Diversiiy C'i1izen of Ano1her Sime 0 2  2 Incorporated and Principal Place 0 5 0 5 

Defenda111 (ludu:ate ( ·,1i:e11sl11r '!f Pal'lies III Item Ill; of Business In Another State 

Citizen or Subjec1 of a D 3 C1 J Foreign Nation D 6 D 6 

Forei n Countrv 

IV. NATURE OF SUIT /P/ace,111 ·•.\"' ;,, 011e Hox 011/\J 

I CO '\'IRAt T Totns FOl<FEI I l Rt./PC"I \Ll \ R\\ h.lH l'TC\ OTHER s·1 .\ Tl ·1 E'- I 

0 110 Insurance PERSO:'iAL I:-.Jl"RY PERSO:'iAL I:--IJllRY n 625 Drug Related Seizure 0 422 Appeal 28 USC' I 58 n 375 False Claims Act 

D 120 Marine 0 310 Airplane 0 365 Personal Injury · of Properiy 2 I USC' 881 0 423 Wi1hdrawal 0 400 State Reapportionment 

D 130 Miller Act 0 3) 5 Airplane Product Product Liabiliiy 0 690 O1her 28 USC' 157 n 4 10 Anti1rus1 

0 140 Negotiable lnstmment Liabili1y 0 36 7 Health Care/ CJ 430 Banks and Ban.king 

D 150 RecoYcry of O,erpayment 0 320 Assault. Libel & Phannace11tical PROPERTY RIGH f <; l!!I -1-50 Commerce 

& Enforcement of Judgmem Slander Personal l1tjury 0 820 Copyrights 0 460 Deportation 

0 151 Medicare Acl 0 330 Federal Employers Product Liabilil)' 0 830 Pa1en1 D 470 Racketeer Influenced and 

0 152 Recove,y of Defaulted Liability 0 368 Asbes1os Personal 0 840 Trademark Corrupt Organizations 

Student Loans 0 340 Marine Injury Product D 480 Consumer Credit 

(Excludes Veterans) 0 345 Marine Product Liability L•\BOR '>OC'IAL ~E( J 'Rll \ D 490 Cable Sat TY 

0 153 Reco,·e1} ofO,·erpayment Liability PERSO:'<AL PROPERTY D 7 IO Fair Labor Standards 0 861 HIA(l395tn D 850 Securities Co11unodities: 

ofVereran·s Benefits 0 350 :-..101or Vehicle 0 370 Other Fraud Acl 0 862 Black Lung (923) Excha11ge 

0 160 Stockholde,, Sui1s 0 355 Molor Vehicle 0 371 Tmth in Lending 0 720 Labo, Managemenl 0 863 DIW('/D!WW (405(gl) a 890 O1her Statutory Actions 

0 190 O1her Co111rnc1 Product Liability 0 380 Other Personal Relations 0 864 SS ID Title X\il a 891 Agricultural Acts 

D I 95 Contract ProducJ Liabiliiy 0 360 Other Personal Prope,ty Damage D 740 Railway Labor Acl D 865 RSI (405(g)) a 893 En\'iromnental \1atters 

0 196 Franchise lnjmy 0 385 Property Damage D 75) Family and Medical 0 895 Freedom of lnfonnation 

0 362 Personal Injury • Product Liability Lea,·e Act Act 

\ 1edica) Malpractice D 790 Other Labor Li1igation 0 896 Arbitration 

I Rr \I. PROPER l'I- Cl\ IL. RI<.Ius l'RJ,O\ t.R PETITIONS D 791 Employee Retirement Fl'UEIUL I \'I: SI II !> 0 899 Administrati,·e Procedure 

0 2 IO Land Condemnation 0 -1-1 0 Other Civil Righ1s Habeas Corpus: 

 Income Security Act D 870 Taxes (U.S. Plai111iff Act/Re,·iew or Appeal of 

n 220 Foreclosure 0 441 Vo1ing 46~ Alien Detainee or Defendant) Agency Decision 

0 230 Rent Lease & Ejectmenl 0 442 Employment 0 5 10 Motions 10 Vacate 0 871 IRS- TI1ird Pa1ty 0 950 Constitutionality of 

0 2-10 Torts to Land 0 443 Housing/ Sentence 26 USC' 7609 Stale Sta1111es 

D 245 Tort Produc1 Liability Accommodations 0 530 General 

D 290 All Other Real Property 0 445 Amer. " Disabili1ies • 0 535 Death Penall)' I\I\IIGIU1I0"< 

Employment Other: 0 462 :S-aturalization Applica1io11 

0 446 Amer. " Disabili1ies • 0 540 :-..1 andam11s & Other  465 Other Immigration 

Other n 550 Ci,·il Rights Actions 

0 448 Educalion 0 555 Prison Condition 

D 560 Ci,·il Detainee -

Conditions of 

C'ontinen1en1 

V. ORIG IN t/'/ace a11 ·•.\"" 111 011e Hox 011(r1 

)it I Original O 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation 1.1p,•c1M 

Cite the U.S. Civil Statute under which you are filing (Do 1101 d 1ej11ri,-,/ictimud .,1u1111e,· 111rle.H 1/i,•en-i(r/'. 

15 U.S.C. s 57b-1 e VI. CAUSE OF ACTION 1-B-- r-ie-f-de-s-cr...,.ip-t.,..io_n_o...,f-ca- u~sc~.:------------------------------------

Enforcement of administrative investigative process 

VII. REQUESTED IN 0 CHECK IF TIIIS IS A CLASS ACTIO:\ DE'\,fA!'iD S CHECK YES onlv if demanded in complaint: 

COMPLAINT: UNDER RULE 23. F.R.Cv.P. Jt,RY DE:VIA:'-iD: 0 Yes )!( No 

VIII. RELATED CASE(S) 

IF ANY l.\'c,· mslrm·11011s1: 

DOCHT NUMBER 

D.·\TE 

FOR OfFl('F, !SI: O:'iLY 

RECEIPT= .-\\IOV\T APPLYI\G IFP JU)GE \I...\G. Jl"DGE 

Case 8:16-mc-00018-VMC-TGW Document 1-1 Filed 02/12/16 Page 1 of 1 PageID 25 
Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 1 of 13 PageID 26 

PETITION EXHIBIT 1 

Declaration of Megan Cox 

(February 11, 2016) 
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

) 

FEDERAL TRADE COMMISSION, 

Petitioner, 

v. 

TRACERS INFORMATION 

SPECIALISTS, INC. 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Misc. No. -------

DECLARATION OF MEGAN COX 

Pursuant to 28 U.S.C. § 1746, I declare as follows: 

I . I am an attorney employed by the U.S. Federal Trade Commission (FTC or 

Commission), in Washington, D.C., in the Division of Privacy and Identity 

Protection. I am assigned to the FTC's investigation into Tracers Infonnation 

Specialists, Inc. (Tracers) (FTC File No. 1523218). The purpose of the 

investigation is to detem1ine whether Tracers' business practices with respect to 

the sale of consumers' personal infonnation violate Section 5 of the Federal Trade 

C01mnission Act, 15 U.S.C. § 45, which prohibits "unfair or deceptive acts or 

practices," or the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681, 1681a-x, 

which requires consumer repo1iing agencies to protect the accuracy, fairness, and 

privacy of infonnation in their files. 

l 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 2 of 13 PageID 27 
2. I am authorized to execute a declaration verifying the facts that are set forth in the 

Petition of the Federal Trade Commission for an Order Enforcing Administrative 

Investigative Process. I have read the petition and exhibits thereto (hereinafter 

referred to as Pet. Exh. ), and verify that Pet. Exh. 1 through Pet. Exh. 13 are true 

and correct copies of the original documents. The facts set forth herein are based 

on my personal knowledge or infonnation made known to me in the course of my 

official duties. 

3. Tracers is a ptivately held Massachusetts corporation with its principal place of 

business located at 15470 Flight Path Drive, Brooksville, Florida 34604. Tracers 

provides internet-based search services - including Asset Searches, Business 

Searches, Comi Records, Criminal Records, License Searches, Profile Reports, 

and People Searches - which give customers access to infonnation about persons 

and businesses that Tracers has cu11ed from public records and proprietary 

databases. For example, customers who pay Tracers to access its People Searches 

service can retrieve an individual's Social Security number (SSN), birihdate, 

home and email address, and infonnation about the individual's relatives and 

roommates. See Pet. Exh. 2 (printouts from Tracers' website). Tracers' 

customers include debt co11ectors, law enforcement agencies, private 

investigators, attorneys, and insurance companies. Id. As Tracers' website 

acknowledges, in some instances the infonnation generated by its search services 

constitutes a "consumer report" within the meaning of the FCRA. Id.; see 15 

U.S.C. § 168la(d). 

2 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 3 of 13 PageID 28 
4. FTC staff opened this investigation after learning that an individual, Eddie 

Maurice-Matthew Jones, had been indicted for conspiring to defraud the U.S. 

Depaitment of Housing and Urban Development (HUD) and other entities using 

SSNs that he obtained as a Tracers customer. In his July 2015 guilty plea, Jones 

admitted that, posing as a debt collector, he was able to open a Tracers account 

and thereby access consumers' SSNs. See United States v. Jones, No. 2: I 5-cr200 19-MFL-MKM-3 ECF No. 26 (E.D. Mich. Jul. 23 , 2015). Jones and his coconspirators then used these SSNs to submit fraudulent claims to HUD for 

refunds of $484,989 in upfront mortgage insurance premiums that HUD owed to 

those consumers. Id. 

5. The Commission seeks to detennine whether Tracers' sale of personal 

information or consumer report infonnation was unfair or deceptive in violation 

of Section 5 of the FTC Act, 15 U.S.C. § 45, and whether it has violated the 

FCRA, which, among other things, allows reporting agencies to disclose 

consumer reports only for certain permissible purposes, 15 U.S.C. § 1681 b, and 

requires reporting agencies to verify the identity of prospective users and adopt 

reasonable compliance procedures to prevent unauthorized disclosures. 15 U.S.C. 

§ 168le(a). 

6. In August 2015, FTC staff asked the Commission to issue a civil investigative 

demand (CID) to Tracers under the authority of two FTC investigatory 

resolutions. Resolution No. 992-31 20 authorizes the use of compulsory process 

3 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 4 of 13 PageID 29 
to determine whether persons, paiinerships or corporations may be 

engaging in, or may have engaged in, acts or practices in violation 

of the Fair Credit Repo1ting Act, 15 U.S.C. § 1681 et seq. and/or 

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, as 

amended, relating to information furnished to consumer rep01iing 

agencies, maintained in the files of consumer reporting agencies, 

or obtained as a consumer rep01i from a consumer reporting 

agency. Such investigation shall, in addition, detennine whether 

Commission action to obtain redress of injury to consumers or 

others would be in the public interest. 

Pet. Exh. 3. Similarly, FTC Resolution No. P954807 authorizes the use of 

compulsory process 

[t]o deternline whether unnamed persons, partnerships, 

corporations, or others are engaged in, or may have engaged in, 

deceptive or unfair acts or practices related to consumer privacy 

and/or data secmity, including but not limited to the collection, 

acquisition, use, disclosure, security, storage, retention, or 

disposition of consumer information, in or affecting commerce, in 

violation of Section 5 of the Federal Trade Commission Act, 15 

U.S.C. § 45, as amended. Such investigation shall, in addition, 

determine whether Commission action to obtain redress of injury 

to consumers or others would be in the public interest. 

Pet. Exh. 4. 

7. The Commission issued a CID to Tracers on August 20, 2015. Pet. Exh. 5. The 

CID required Tracers to respond to document requests and inte1TOgatories on or 

before September 23, 2015, and to provide oral testimony on IO specified topics 

relevant to the investigation on October 23, 2015. 

8. The CID seeks infonnation relating to, inter alia, Tracers' corporate structure; the 

scope of its products and services; its sources of information; and its costs, prices, 

and profits. The CID also seeks to learn whether Tracers is complying with the 

FCRA and the FTC Act in vetting applications from prospective customers and 

4 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 5 of 13 PageID 30 
auditing the activities of existing customers. In particular, Tracers' response to 

the CID will help FTC staff leam about (a) Tracers' procedures for vetting new 

customers and auditing existing ones; (b) Tracers' communications with 

customers during the vetting and auditing process; ( c) the documentation that 

Tracers requires from new and existing customers; and (d) the extent to which 

Tracers' vetting and auditing were able to identify whether its customers were 

engaged in identity theft or other unauthorized use of consumers' personal 

infonnation or consumer report information, and if so, what actions Tracers took 

m response. 

9. As required by the FTC's Rules of Practice (16 C.F.R. § 2.7(k)), Tracers and FTC 

staff participated in a meet-and-confer session on September 16, 2015. Tracers 

requested a thirty-day extension of time to respond to the CID, citing changes in 

ownership and management since issuance of the CID. Pet. Exh. 6 (9/ 18/2015 

Letter). FTC staff granted the extension on the condition that Tracers provide the 

Commission with documents it stated it had previously produced to HUD by the 

original production deadline. Id. FTC staff also rescheduled the date for oral 

testimony. Id. 

10. FTC staff also granted several other requests to modify the CID. Specifically, by 

letter of September 28, 2015 (Pet. Exh. 7), staff modified the CID as follows: 

a. Staff na1Towed the scope of Inte1rngatories 11, 12, and 14, which had 

directed Tracers to identify entities that applied for, but were denied 

access to, Tracers' search services since 2010. The modified CID 

5 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 6 of 13 PageID 31 
specifications require Tracers to provide the number of entities that were 

denied access without identifying those entities. 

b. Staff also nan-owed Document Request 11, which had sought all 

documents and infonnation that Nationwide Fund Recovery LLC 

(Nationwide) had accessed during the pe1iod when its principal, Eddie 

Jones, posed as a debt collector (see ,i 4, supra). The modified CID 

specifications require only documents sufficient to show the types of 

search queries run by Nationwide and the data fields and types of 

consumer infonnation Nationwide may have accessed through those 

searches. 

c. Staff narrowed Document Request 6, which had sought "all" documents 

concerning the prices Tracers charged for two search services, to instead 

require documents "sufficient to show" the prices for subscriptions to 

those search services. Staff also modified Document Request 7, which 

had required Tracers to produce documents reflecting its costs for 

providing services. Because Tracers clarified that it incurs costs through 

annual licensing fees (rather than per search), the modified request seeks 

documents concerning those annual fees. Likewise, staff modified 

Document Request 8, which had required Tracers' profits by product line, 

· to seek Tracers' total profits instead. 

d. Finally, staff substantially naJTowed Document Request 3, which had 

sought "all documents" concerning Tracers' "auditing, investigation, 

6 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 7 of 13 PageID 32 
vetting, review, or verification" of anyone with whom it had a "business 

relationship" involving the purchase or use of personal infonnation. 

Tracers infom1ed FTC staff that it maintained many of the requested 

documents solely in hard copy. The modified request permits Tracers to 

produce instead its policies and procedures for vetting prospective 

customers and auditing existing customers (Document Request 3(a)) and a 

"representative random sample" of Tracers' documents related to its 

vetting and audits of specific applicants and customers since 2010 

(Document Request 3(b)). Counsel for Tracers had informed FTC staff by 

phone that these modifications would resolve Tracers' concerns about 

burden. 

I 1. On October 23, 2015, FTC staff granted Tracers a second thirty-day extension to 

respond to the modified CID. Pet. Exh. 8 (10/23/ 15 Letter). Under this 

extension, Tracers was to produce all documents on a rolling basis and to 

complete its production by no later than November 23, 2015. 

12. On October 27, 2015, FTC staff notified Tracers that it generated a statistically 

representative, random sample comprising 357 applicants and 257 existing 

customer audits, and directed Tracers to produce documents concerning its vetting 

or auditing of those entities, as specified in modified Document Request 3(b ). See 

Pet. Exh. 9 ( 10/27 /1 5 email). FTC staff drew this sample from a list of usernames 

for the more than 6,000 applicants and 800 customer audits that Tracers had 

maintained files for since 2010. 

7 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 8 of 13 PageID 33 
13. For roughly three months after the CID was issued, Tracers did not express any 

objections or concerns other than at the above-mentioned meet-and-confer, where 

Tracers requested certain modifications that FTC staff adopted shortly thereafter 

(see ilil 9-10, supra). 

14. On November 19, 2015, Tracers infonned FTC staff for the first time that it 

intended to lodge objections to certain inten-ogatories and document requests and 

to withhold production of ce1iain responsive documents. Tracers did not file a 

petition to limit or quash the CID with the Commission. See 16 C.F.R. § 2. l0(a). 

15. On November 23, 2015, Tracers submitted its responses to certain inten-ogatories 

and document requests, but stated that it was unwilling to provide the following 

categories of material: 

a. Auditing and Vetting Documents: Although Tracers previously expressed 

a willingness (see il 1 0(d), supra) to provide a representative sample of 

documents reflecting its audits and vetting of applicants and customers 

(Document Request 3(b), as modified 9/28/1 5), Tracers objected that these 

documents contained trade secrets and infonnation that is subject to 

confidentiality agreements with its customers. Tracers also claimed that it 

did not have an electronic version of those documents and therefore that it 

would be unduly burdensome to produce them. Tracers even refused to 

specify the number of applicants that were denied access to its services 

(lnte1Togatory 12, as modified 9/28/1 5), again claiming that its vetting 

infonnation w·as unduly burdensome to produce. 

8 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 9 of 13 PageID 34 
b. Customer Identities: Tracers also refused to identify its customers and 

applicants, including those that it terminated after audits (Interrogatories 

9- 10, 13, 17-18), or to produce the prices that each customer paid for 

Tracers' services (Document Request 6, as modified 9/28/ 15). Tracers 

objected that the identities of its customers and applicants are a trade 

secret and are subject to confidentiality agreements with those entities. 

Tracers further objected that identifying its customers subject to audit 

(Interrogatories 17-18) would be unduly burdensome because Tracers 

keeps this infonnation in paper files. 

C. Sources of Consumer Infonnation: Tracers refused to produce documents 

regarding its policies, practices, and procedures for collecting infonnation 

about consumers (Document Request 4(a)). Tracers also refused to 

identify its sources of personal information and consumer report 

information, to describe the infonnation collected, to explain how it uses 

that infonnation, or even to state the number of consumers whose personal 

infonnation and consumer report infom1ation is provided by each source 

(Interrogatories 8, 8(a)-(c)). Likewise, Tracers refused to describe the 

search databases that it provides to customers (Interrogatory 19). Again, 

Tracers claimed that the identity of its sources is a trade secret and is 

subject to confidentiality agreements with those sources. 

d. Costs, Revenues, and Profits: Tracers also refused to provide infonnation 

about its costs, revenues, and profits (Document Requests 7-8, as modified 

9 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 10 of 13 PageID 35 
9/28/ 15; Interrogatories 26-27), asserting that this infonnation was 

confidential and a trade secret, and that it was not relevant to the 

investigation. 

e. Subsc1iber Applications: Finally, Tracers refused to answer Interrogatory 

7, which directed it to name the "category or categories" under which a 

Tracers customer may apply for access to each Tracers service using the 

company's subscriber application form. These categories relate to the 

purpose(s) for which the user requests access to a service. Tracers' 

application form (Pet. Exh. I 0, at page 6) requires customers to select the 

appropriate checkbox to indicate how they intend to use consumers' 

personal info1111ation (e.g., "child support enforcement"; "collections"; 

''legal process service"). The interrogatory thus requires Tracers to 

identify the category or categories of intended use for which customers 

may request access to each service. Tracers claimed this intenogatory was 

vague. 

16. For several of the CID specifications (lnten-ogatory 12; Document Requests 3(b), 

6-8), Tracers refused to provide responsive information even though FTC staff 

had already modified these requests as discussed at the September 2015 meetand-confer (see ,r,r 9, 1 0(a)-( d), supra). 

17. In total, Tracers produced only 27 documents, including the 6 documents 

previously produced to HUD, and provided responsive answers to only 16 of the 

27 interrngatories. 

10 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 11 of 13 PageID 36 
I 8. By letter of December 1, 2015 (Pet. Exh. 11 ), FTC staff notified Tracers of the 

specific deficiencies in the production and offered to forbear from refen-ing the 

matter for enforcement if Tracers complied with the deadlines set forth in the 

letter. These deadlines required Tracers to respond fully to all intenogatories by 

December 8, 20 I 5, produce documents in response to certain outstanding requests 

by December 14, and provide the remaining documents by December 28. 

19. On December 4, 2015, the date for oral testimony was rescheduled to January 21, 

2016 (Pet. Exh. 12). That date has since been rescheduled to March 17, 2016 

(Pet. Exh. 13, l /1 5/16 letter). 

20. On December 16, 2015, Tracers infonned staff that it would not produce anything 

further in response to the CID without a court order. 

21. On January 7, 2016, Tracers supplemented its objections to Interrogatories 8, 

8(a)-(c) and Document Request 3(b), but did not provide any additional 

responsive information. Instead Tracers claimed that it would be unduly 

burdensome to identify and describe its sources of consumer report infonnation, 

as required by Inte1Togatories 8, 8(a)-(c). For the first time, Tracers asse1ied that 

given the size of its databases, it likely cannot identify every source of its 

info1mation, provide a meaningful answer regarding the types of information it 

obtains from each source, or provide an accurate answer about the number of 

individual consumers on whom it maintains infonnation. Tracers also reiterated 

its refusal to provide a representative random sample of audit and vetting files 

(see ,r 15(a), supra), but now offered to provide only 50 total files of the 357 

I 1 

Case 8:16-mc-00018-VMC-TGW Document 1-2 Filed 02/12/16 Page 12 of 13 PageID 37 
applicants and 257 existing customer audit files that FTC staff had requested as a 

sample size. 

22. Tracers' non-compliance with the CID has burdened, delayed, and impeded the 

Commission's investigation. 

I declare under penalty of pe1jury that the foregoing is true and c01Tect. 

Executed on February J_L, 2016 

Division of Privacy and Identity Protection 

Bureau of Consumer Protection 

Federal Trade Commission 

12 

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Case 8:16-mc-00018-VMC-TGW Document 1-3 Filed 02/12/16 Page 1 of 5 PageID 39 

PETITION EXHIBIT 2 

Printouts from the website of 

Tracers Information Specialists, Inc., 

www.tracersinfo.com 
• 

• 

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• 

• 

• 

• 

• 

Tracers Information Specialists, Inc. - Company Overview Page 1 of 1 

Case 8:16-mc-00018-VMC-TGW Document 1-3 Filed 02/12/16 Page 2 of 5 PageID 40 

Company About Tracers 

Overview Since 1996, Tracers Information Specialists, Inc. has been supplying 

companies with the data and intelligence needed to conduct business in 

Industry News the information age. By combining technology with innovation, we deliver 

access to billions of public records and proprietary data sources to qualified Events organizations across multiple industries. Our robust database and 

powerful search technology make us the premier solution provider in 

several markets, including: 

Privacy Policy 

Security 

Collections Insurance Site Map 

Law Enforcement Banking and Finance 

Media Corporate 

Private Investigation Legal 

Tracers was built on the principle of providing excellent service and 

outstanding value to our customers. We pride ourselves in the personal 

attention we give each of our clients and are committed to being their 

trusted information partner. 

http://www.tracersinfo.com/index.php?id=overview 2/9/2016 
• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

Tracers Information Specialists, Inc. - People Searches Page 1 of 1 

Case 8:16-mc-00018-VMC-TGW Document 1-3 Filed 02/12/16 Page 3 of 5 PageID 41 

Products People Searches 

People Searches People Searches give you essential information about individuals. Our 

advanced search logic quickly sorts through billions of records to instantly 

Profile Reports bring you information about your subject, including: 

License Searches Current address Date of birth 

Criminal Records Address history Roommate information 

SSN E-mail addresses Court Records 

Relative information Deceased indicator 

Asset Searches Phones (land lines, cell Shared residence 

phones, VOIP, and unlisted Business Searches numbers) 

http://www.tracersinfo.com/index.php?id=pplsearch 2/9/2016 
Tracers Information Specialists, Inc. - Collections Page 1 of 1 

Case 8:16-mc-00018-VMC-TGW Document 1-3 Filed 02/12/16 Page 4 of 5 PageID 42 

Markets Collections

Tracers offers a comprehensive suite of data tools that help collection 

professionals quickly locate debtors and increase right-party contacts. Our 

Law Enforcement 

Corporate high-speed search technology gives you instant access to billions of 

records, making it easy to find current phone numbers, addresses, Insurance 

business affiliations, assets, relatives and more. Tracers can also help you 

Attorneys identify bankruptcy filings, as well as the presence of suits, liens and 

judgments. Our multiple data delivery methods and flexible pricing plans Banking and Finance make Tracers an essential recovery tool for any Accounts Receivable 

Collections Management (ARM) company. 

Private Investigators 

Media 

http://www.tracersinfo.com/index.php?id=collections 2/9/2016 
Tracers Information Specialists, Inc. - FCRA Certification Page 1 of 1 

Case 8:16-mc-00018-VMC-TGW Document 1-3 Filed 02/12/16 Page 5 of 5 PageID 43 

Application FCRA Certification 

Subscriber Application Access to FCRA products requires that you complete this certification in 

addition to the standard application: 

Credit Card Authorization 

A FCRA Certification (Adobe PDF) ffidavit of Intended Use 

FCRA Certification 

These forms are available for you to download now in Adobe Acrobat PDF file format for viewing on 

your computer. 

If you do not already have the Acrobat Reader installed on your computer, you will need to download 

a free copy of this program from the Adobe website to view these forms. 

Click here if you would like more information about PDF files. 

http://www.tracersinfo.com/index.php?id=fcra 2/9/2016 
Case 8:16-mc-00018-VMC-TGW Document 1-4 Filed 02/12/16 Page 1 of 2 PageID 44 

PETITION EXHIBIT 3

Resolution Directing Use of 

Compulsory Process, 

FTC File No. 992-3120 

(Apr. 15, 1999) 
UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

COMMISSIONERS: 

Robert Pitofsky. Chairman 

SheilaF. Anthony 

Mozelle: W, Thompson 

Orson Swindle 

RESOLUTION D!lRECTING USE OF COJViPULSORY PROCESS IN NONPUBUC 

INVESTIGATION INTO THE ACTS >Jffl PRACTICES OF UNNAMED PERSONS, 

F .AR'fl\~S Al\1D CORPORATIONS ENGAGED IN AC':'S OR PRACTICES !N 

VIOLATION OF lS U.S.C. § 1681 ET SEQ. AND/OR 15 U.&.C. § 4S 

File No. 992-3120 

Nature and Scope ofinvestigation: 

An investigation to determine whether persons, partnerships or co.r:porations may be 

engaging in, or may have engaged in. acts or practices in violation of the Fair Credit Reporting 

Act, 15 U.S.C. § 1681 ~~., and/or Section 5 of the Federal Trade Commission Act, 15 U.S.C. 

§ 45. as amended, relating to information furnished to consumerrcporting agenci~ maintained 

in the files of consumer reporting agencies~ or obtained as a consumer report from a consumer 

reporting agency. Such investigation shall, in addition, detennine whether Commission action to 

obtain redress of injury to consumers or others would be in the public interest 

The Federal Trade Commission hereby resolves and directs that any and all compulsory 

processes available to it be used in connection with this investigation. 

Authority to Conduct Investigation: 

Sections 6. 9, 10, and 20 of the Federal Trade Commission Act; 15 U.S.C. § § 46, 49, 50 

and 57b-l, as amended; FTC Procedures and Rules of Practices 16 C.F .R. 1. I et~- and 

supplements thereto. 

Title VI of the Consum~ Credit Protection Act, Section 621, 15 USCA § 1681 s. 

By direction of the Commission. (l

~~ 

--t lf I 11 I . (JjμtL--·· 

Donald S. Clark 

Secretary 

Dated: April 15, 1999 

Case 8:16-mc-00018-VMC-TGW Document 1-4 Filed 02/12/16 Page 2 of 2 PageID 45 
Case 8:16-mc-00018-VMC-TGW Document 1-5 Filed 02/12/16 Page 1 of 2 PageID 46 

PETITION EXHIBIT 4 

Resolution Directing Use of 

Compulsory Process, 

FTC File No. P954807 

(Jan. 24, 2013) 
UNITED ST A.TES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Jon Leibowitz Chairman 

Edith Ramirez 

Julie Brill 

Maureen K.. Oblhausen 

Joshua D. Wright 

RESOLUTION DIRECTING USE OF COMPULSORY PROCESS IN NONPUBLIC 

INVESTIGATION OF ACTS AND RACTICES RELATED TO CONSUMER PRIVACY 

AND/OR DATA SECURITY 

File No. !'954807 

Nature and Scope of Investigation: 

To deten:nine whether unnamed persons, partnerships, corporations, or others are 

engaged in, or may have engaged in, deceptive or unfair acts or practices related to consumer 

privacy and/or data security, including but not limited to the collection, acquisition, use, 

disclosure, security, storage, retention, or disposition of conswner infonnation, in or affecting 

commerce, in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, as 

amended. Such investigation shall, in addition, determine whether Commission action to obtain 

redress of injury to consumers or others would be in the public interest. 

The Federal Trade Commission hereby resolves and directs that any and all compulsory 

processes available to it be used in connection with this investigation not to exceed five (5) years 

from the date of issuance of this resolution. The expiration of this five-year period shall not 

limit or terni.inate the investigation or the legal effect of any compulsory process issued during 

the fiv~year period. The Federal Trade Commission specifically authorizes the filing or 

continuation of actions to enforce any such compulsory process after the expiration of the fiv~ 

year period. 

Authority to Conduct Investigation: 

Sections 6, 9, 10, and 20 of the Federal Trade Commission Act, 15 U.S.C. §§ 46, 49, 50, 

and 57b-1, as amended; ITC Procedures and Rules of Practice, 16 C.F.R. § 1.1 et seq. and 

supplements thereto. 

By direction of the Commission. ~.,f,.. ~ 

Donald S. Clark 

Secretary 

Issued: · a:nuary 24, 2013 

Case 8:16-mc-00018-VMC-TGW Document 1-5 Filed 02/12/16 Page 2 of 2 PageID 47 
Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 1 of 23 PageID 48 

PETITION EXHIBIT 5 

Civil Investigative Demand directed to 

Tracers Information Specialists, Inc., 

FTC File No. 1523218 

(Aug. 20, 2015) 
0 United Slates of America 

Fecferal Trade Commission 

ClV/L JNVESTJGA TJVE DEivIAND 

1. TO 

Tracers Information Specialists, tnc, 

c/o Richard Salazar 

This demand ls issued pursuant to Section 20 of the Federal Trade Commission Act, 15 U.S.C. § 57b-i , in the course 

of an investigation to determine whether there is, has been, or may be a vlo1atlon of any laws administered by the 

Federal Trade Commission by conduct, activities or proposed actlon as described in Item 3, 

2 , ACTION REQUIRcO 

fx You are required to appear and testify. 

LOCATION OF HEARING YOUR APPEARANCE WILL BE BEFORE 

United states Attorneys Office 

400 Nortl'I Tampa Street Magan Cox or olherduly designated person 

Suite 3200 

Tampa, FL 33602 

DATE AND TIME OF rlEARING OR DEPOSITION 

OCT 2 3 2015 

fx You are required to produce all documents described ln the attached schedule that are in your possession, custody, or 

control, and to make them available at your address indicated above for inspection and copying or reproduction at the 

date and time specified below. 

r,r You are requlred to answer the Interrogatories or p1ovtde Lhe written report described on the auached schedule. Answer 

each interrogatorY or report separately and fully in writing. Supmit your answers or report to the Records Custodiah 

named in Item 4 on or before the date specified below. 

3, SUBJECT OF INVESTIGATION 

See attached resolutions. 

4. RECORDS CUSTODIAN/DEPUTY RECORDS CUSTODIAN 5. COMMISSION COUNSEL 

Mat!ha,1,, Salllll/W,e.Q9" Cox ',laganco, f•d0f¥A T'-"do Comrtti"'°" 'edent Trade Coa.onrriu.lort 

600 P<MS)Ollar.i1 Avenue, N.W. 60Q "Mn1yfvanla ,....,.,,.,.._ N.W. 

M•II .,. .. Sl<><>CC-112'12 S'.;,p CC62$! 

Walll'llr.olon DC 2058'l WHr;no1on, OC20580 

(20Z) ZIM:•~3 CW.,) 326-"282 

fNSTRUCTIONS AND NOTICES V6lJR RIGHTS TO REGULATORY ENFORCEMENT FAIRNESS 

Toe delivarv d th!.< den;,and le> you by any method prcsaioed by the Commiss,on's The FTC has a longstanding c01TVT1i1menl to a fair regulatC!Y enforcement 8111/ironment. 

Rule~ of "1ai:tlce 15 legal setvlce and may subJed you lo a penally trr,posed by lsw for II yoo a,~.a sr,,all business (1,1nder SmaU 8ushess Admlnlstrall«l Slandards), you have, 

falhm, lo comply, The produtlion,of d.0C<1mcm• o· the $Uhr'lioniOt1 of answers and rl'P"" a rigM lo oor1lo.d Inc S""'IJ Ouaitte,ss AdminjO(ratlon'• Nation al Ombudamari ot HlllBin response to this demand mu~t bl' rn;ldt!. under a SWQm cenlfica\e, in the tonn prlllled REGFAIR { 1-888· 734-3247) or www sba,govk\mbuds~1an reganllng the 'almess 01 the 

011 the seco~rt page of lhls derr,and, llY me person 10 wnan 1t11s demand ls'd.lr~ed or, tt comp¥ance and enforcement 001lv1tloo of the age-0cy, You st,oulo undersland, however, 

not a n:>1u1a1 per.on, by a porson o.- penons ho111ng l(nowledge of th,. lads ane 11tal lhe National Ombudsmon c.nnot C11•n11e, slop, or <IP.lay a ff!deral agency 

arcums1i.1ce1 or rucn production or responsible tor answer111g e;ic:h inte'T09alary O! enforcement action. 

report qu~lan. T~rs d~mana does not requre approval by OMl':I unoe, tilt, PapcJWorlt 

Reduc11on Aa of 1980. Toe FTC strictly rorblds re1allatory acts by tts em~yees, and YoU Will not be penalized 

for e)<pl'esslng a CO('lcem aboui 1hese acil\litle&. 

PETITION TO LIMIT OR QUASH TRAVEL EXPENSES 

Toe Commission's Rules o! Praollce require that ""Y pehtion 10 llrml orquo>h thi> lloc ll1e cnc1o.,ect t,evel voucherlo claim COfl1pe1m1tian to whlOll yoo an, entitled as a 

4emand 1>e med withf"l 20 days after ser,lce, or, W the re.Mn date ls less than 20 days w'llne,;s for u,e Commissloo The oompleled travel votJCher and tMs demand Should be 

after ser\\re, pnor 10 1he retum date Tnc original and 1Wlllve oop,es of lhe pe.tillon must presented to CommiGSlon Cooo.el tor payment. II you .ire p11rrnsnenUy or 1emporar!I\' 

be> f,l<>d IM1h tho SdCl'o1'1,y of tho Federal TrQd!I Commi~""1n. and or,c, copy should bit tlving c.om.Nher@ other·tharl lha"ddrass on lh.is demand and ti would requhe exceoslvi! 

sent to (ho C01T1mtssiOP CQunsEI named 'fl Item 5. travel for you to appear you mutt gel prior approvat trom Commission Counsel. 

A copy of tt,e Commission's Rules or Practice is avatlsble on line at b~ 

FTCRulesoPract10; Paper copies are avaQ~le upon request 

FTC Form 144 (rev 2/08) 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 2 of 23 PageID 49 
Form of Certificate cf Compliance* 

t/We do certlfy that all of the documents and information required by the attached Civil Investigative Demand 

Which are in the possession, custody, control, or knowledge of the person to whom the demand is directed 

have been submitted to a custodian named here1i'I. 

If a document responsive to this Civil Investigative Demand has not been submltted, the objections to ils 

submission and the reasons for the objection have been stated. 

If an interrogatory or a portion of the request has not been ft.lily answered or a portion of the report has not 

been completed, the objections to such interrogatory or uncompleted portion and lhe reasons for the 

objections have been stated. 

Signature 

Tille 

Sworn to before me this day 

·in the even! that more than one person is responsible for oomptying with this demand, the certificate sha11 ldenUfy lhe 

documents for which each certifying individual was responsible. In place of a sworn statement, the above certificate of 

compllance may be supported by an unswom dec:laration as provided for by 28 U.S.C. § 1746. 

FTC For:n 144-Baclc (rev. 2/08) 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 3 of 23 PageID 50 
UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION 

COMMISSIONERS: 

Robert Pitofsky. Chairman 

SheilaF. Anthony 

Mozelle: W, Thompson 

Orson Swindle 

RESOLUTION D!lRECTING USE OF COJViPULSORY PROCESS IN NONPUBUC 

INVESTIGATION INTO THE ACTS >Jffl PRACTICES OF UNNAMED PERSONS, 

F .AR'fl\~S Al\1D CORPORATIONS ENGAGED IN AC':'S OR PRACTICES !N 

VIOLATION OF lS U.S.C. § 1681 ET SEQ. AND/OR 15 U.&.C. § 4S 

File No. 992-3120 

Nature and Scope ofinvestigation: 

An investigation to determine whether persons, partnerships or co.r:porations may be 

engaging in, or may have engaged in. acts or practices in violation of the Fair Credit Reporting 

Act, 15 U.S.C. § 1681 ~~., and/or Section 5 of the Federal Trade Commission Act, 15 U.S.C. 

§ 45. as amended, relating to information furnished to consumerrcporting agenci~ maintained 

in the files of consumer reporting agencies~ or obtained as a consumer report from a consumer 

reporting agency. Such investigation shall, in addition, detennine whether Commission action to 

obtain redress of injury to consumers or others would be in the public interest 

The Federal Trade Commission hereby resolves and directs that any and all compulsory 

processes available to it be used in connection with this investigation. 

Authority to Conduct Investigation: 

Sections 6. 9, 10, and 20 of the Federal Trade Commission Act; 15 U.S.C. § § 46, 49, 50 

and 57b-l, as amended; FTC Procedures and Rules of Practices 16 C.F .R. 1. I et~- and 

supplements thereto. 

Title VI of the Consum~ Credit Protection Act, Section 621, 15 USCA § 1681 s. 

By direction of the Commission. (l

~~ 

--t lf I 11 I . (JjμtL--·· 

Donald S. Clark 

Secretary 

Dated: April 15, 1999 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 4 of 23 PageID 51 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE CO:MMJ.SSION 

COMMISSIONERS: Jon Leibowitz Chaimian 

Edith Ramirez 

Julie Brill 

Maureen K. 0blhausen 

Joshua D. Wright 

RESOLUTION IRECTING USE OF COMPULSORY PR CESS IN NONPUBLIC 

Il'tVESTIGATION OF ACTS AND , RACTICES RELATEO TO CONSUMER PRIVACY 

AND/OR DATA SECUF<.ITY 

File No. -095 807 

Nature and Scope of Investigation: 

To deter.mine whether unnamed persons, partnerships, corporations, or others are 

engaged in, or may have engaged in, deceptive or unfair acts or practices related to consumer 

privacy and/or data security, including but not limited to the collection, acquisition, use, 

disclosure, security, storage, retention, or disposition of consUiiler infonnation, in or affecting 

commerce, in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, as 

amended. Such investigation shall, in addition, determine whether Comnussion action to obtain 

redress of injury to consumers or others would be in the public interest. 

The Federal Trade Commission hereby resolves and directs that any and all compulsory 

processes available to it be used in connection 'With tbis investigation not to exceed five (5) years 

from the date of issuance of this resolution. The expiration of this five-year period shall not 

limit or terminate the investigation or the legal effect of any compulsory process issued dwing 

the five-year period. The Federal Trade Commission specifically authorizes the filing or 

continuation of actions to enforce any such compulsory process after the expiration of the fiveyear period. 

Authority to Conduct Investigation: 

Sections 6, 9, 10, and 20 of the Federal Trade Commission Act, 15 U.S.C. §§ 46, 49, 50, 

and 57b-l, as amended; FTC Procedures and Rules of Practice, 16 C.P .R. § 1.1 et seq. and 

supplements thereto. 

By direcfon of the Commission. ~.,g. ~ 

Donald S. Clark 

Secretary 

Issued: anuary 24, 2013 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 5 of 23 PageID 52 
CIVIL INVESTIGATIVE DEMAND 

SCHEDULE FOR INTERROGATORIES AND 

REQUESTS 'FOR THE PRODUCTION OF DOCUMENTS 

AND ORAL TESTII\10NY 

L DEFINITIONS 

As used in this Civil lnvestigative Demand, the following defu1itions shall apply: 

A. ''And." as well as "or," shall be construed both conjunctively and disjunctively. as 

necessary, in order to bring within the scope of any specification in this Schedule all information 

that otherwise might be construed to be outside the scope of the specification. 

B. "Any" shaU be construed to include ''all," and "all'' shall be construed to inc Jude the 

word '·any." 

C. "CID" shall mean the Civil Investigative Demand, including the attached Resolutions 

and this Schedule, and including the Definitions, Instructions, and Specifications. 

D. "Company'· or "Tracers'' shall mean Tracers Information Specialists, Inc., its Wholly or 

partially owned subsidiaries, unincorporated divisions, joint venlures, operations under assumed 

names, and affiljates, and all directors, officers, employees, agents, consultants, and other 

persons working for or on behalf of the foregoing. 

E. •'Consumer': shall mean a natural person. 

F. ..Consumer Reporf' shall mean any consumer report as that term is defined in section 

603(d)(l) of the Fair Credit Reporting Act, 15 U.S.C. § t68 l a(dJ(l). 

G. ·'Consumer Report Information'' shall mean any infonnation that would be in a 

consl1mer report, as that term is defined in section 603(d)( I) of the Fafr Credit Reporting Act, 15 

U.S.C. § 168]a(d)(J). 

H. "Customer'' shall mean any pe,rson or business that has applied for access to Ttacers' 

products and services and has been given access lo Tracet·s' products and services. 

I. •

1

Document" shall mean the complete original and any non•ide-ntical copy (whether 

di.ff erent from the original because of notations on the copy or otherwise), regardless of origin or 

location, of any written, typed, printed, transcribed, filmed, punched, or graphic matter of every 

type and description, however and by whomever prepared, produced, disseminated or made, 

including but not limited to any advertisement, book, pamphlet, periodical, contract, 

correspondence, file, invoice, memorandum, note, telegram, report, record, handwritten note, 

working paper, routing slip, chart, graph, paper, index, map, tabulalion, manual, guide, outline, 

script, abstract, history, calendar, diary, agenda, minute, code book or label. ''Document" shall 

also include all documents, materials, and information, induding Electronically Stored 

information, witbiu the meaning oftheFederaJ Rules of Civil Procedure. 

l 

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J. "Each'' shall be construed to include "every," and "every' shall be construed to include 

"each." 

K. •~iectronicaily Stor ed Informatiou '

1 ur "ESf'' shall mean the complete original and 

any non-identical copy (whether different from the original because of notations, different 

metadata, or otherwise), re.gardless of origin or location, of any writings, drawings, graphs, 

charts, phorographs, sound recordings, images, and other data or data compilations stored in any 

electronic medium from which information can be obtained either clirectly or, if necessary, after 

translation by you into a reasonably usable form. This includes, but is not limited to, electronic 

mail, instant messaging, videoconferencing, and other electronic cotTespondence (whether 

active, archived, or in a deleted -items-folder), word processin,g files, spreadsheets, databases, and 

video and sound recordings, whether stored on: cards; magnetic or electronic tapes; disks; 

computer hard drives, network shares or servers, or other drives; cloud-based platforms~ cell 

phones, PDAs, computer tablers, or other mobile devices; or other storage media. 

L. "FCRA" shall mean the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 - 1681x. 

M. "FTC" or "Commission" shall mean the Federal Trade Commission. 

N. "Identify'' or ''the identity or' shall be construed to requit·e identification of (1) natural 

persons by name, title, present business affiliation, present busjness address and telephone 

number, or if a present business affiliation or present business address is not known, the last 

known business and home addresses; and (2) businesses or other organizations by name, address, 

identities of natural persons who are officers, directors or managers of the business or 

organization, and contact persons, where applicable. 

0. "Referring to'' or " reiating to" shall mean discussing, desc.ribing, reflecting, containing, 

analyzing, studying, reporting, commenting, evidencing, constiloting, setting forth, considering, 

recommending, concerning, or pertaining to, in whole or in pan. 

P. "Personal Information" shall mean indivjdually idemifiable information from or about 

an individual consutner including, but not limited to: (a) first and last name; (b) telephone 

number; (c) a home or other physical address, including street name and name of city or town; 

(d) date of birth; (e) Social Security number; or (t) rmancial informatjon, including but not limited 

to financial institution account number. income lax information, infonnation about debts owed, 

i.n.surance policy .information, and payment card or check-cashing card infonnation. 

Q. "People Searches" shall mean the Tracers' product that is named "People Searches" and 

is described as a product on Tracers' website. 

R. "Premium People Search" shall mean the Tracers' product that is named ''Premium 

People Search" and is a type of transaction listed on subscribers' account details. 

S. "You'> and "Your.,. shaJI mean the person or entity to which this CID is issued and 

includes the «company." 

2 

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Il. INSTRUCTIONS 

A. Sharing of Information: The Commission often makes its files available to other civil 

and criminal federal, slate, local, or foreign law enforcement agencies. The Commissfon may 

make information supplied by you available to such agencies where appropriate pursuant to the 

Federal Trade Commission Act and 16 C.F.R. § 4. 1 t (c) and G). Information you provide may be 

used Ln any federal, state, or foreign civil or criminal proceeding by the Commission or 0th.er 

agencies. 

8. Meet and Confer: You must contact Megan Cox at 202-326-2282 as soon as possible 

to schedule a meeting (telephonic or in person) to be held within fourteen (14) days after receipt 

of this CID, or before th~ deadline for filing a petition to quash, whichever is first, in order to 

discuss compliance and to address and attempt to resolve all issues, including issues relating to 

protected status and the form and manner in which claims of protected status wi 11 be asserte~ 

and the submission of ESJ and other electronic productions as described in these Instructions. 

Pursuant to 16 C.F .R. § 2. 7(k), you must make available personnel with the knowledge necessary 

for resolution of the issues relevant to compliance with this CfD, including but not limited to 

personnel with knowledge about your infonnation or records management systems, relevant 

materials such as organizational charts, and samples of material required to be produced. If any 

issues relate to ESI, you must make available a person farruliar with your ESI systems and 

methods ofretrievaJ. 

C. Applicable time period: Unless otherwise directed in the specifications, the applicable 

time period for the request shall be from July 1, 2009 until the date of full and comp1ete 

compliance with this CID. 

D. Claims of PriYilegc: lf any material called for by this CID is withheld based on a claim 

of privilege, work product protection, or statutory exemption, or any similar claim (see 16 C.F.R. 

§ 2.7(a)(4)), the claim must be asserted no later than the return date of this ClD. In addition, 

pursuant to 16 C.F.R. § 2.11 (a)(l), submit, together with the claim, a detailed log of the items 

withheld. The information in the log shall be of sufficient detail lo enable the Commission staff 

to assess the validity of the claim for each document, including attachments, without d isclosing 

the protected information. Submit the log in a searchable electronic format, and, for each 

document. including attachments. provide: 

(I) Document control number(s); 

(2) The full title (if the withheld material is a document) and the full file name (if the 

withheld material is in electronic form); 

(3) A description of the material withheld (for example, a Jett.er, memorandum, or 

email), including any attachments; 

(4) The date the material was created; 

(5) The date the material was sent to each recipienl (if different from tbe date the 

materia] was created); 

3 

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(6) The email addresses, if any, or other electronic contact information to the extent 

used in the document, from wbicb and to which each document was sent; 

(7) The names, titles, business addresses, email addresses or other electronic contact 

infonnation, and relevant affiliations of all authors; 

(8) The names. titles, business addresses, email addresses or other electronic contact 

infmmation, and relevant affiliations of all recipients of the material; 

(9) The names, titles, business addresses, email addresses or other electronic contact 

information, and relevant affiliations of alJ persons copied on the material; 

(l 0) The factual basis supporting the claim that the material is protected; and 

(] 1) Any other pertinent information necessary to support the assertion of protected 

status by operation of law. 

16 C.F.R. § 2.ll(a)(l)(i)-(xi). 

ln the log, identify by an asterisk .each attorney who is an author) recipient, or person 

copied on the material. The titles, business addresses, email addresses, aod rdevam affiliations 

of all authors, recipients, and persons copied on the material may be provided io a legend 

appended to the log. However, provide in the log the infonnation required by Instruction 0.6. 

16 C..F.R. § 2.11 (a)(2). The lead attorney or attorney responsible for supervising the review of 

the materia I and who made the determination to assert the claim of protected status must attest to 

the log. 16 C.F.R.. § 2.ll(a)(J). 

lfonly some portion of any responsive material is privileged, all non-privileged portions 

of the material must be submitted. Otherwise, produce all responsive infonnation and material 

without redaction. 16 C.F.R. § 2.1 1 (c). The failure to provide information sufficient to support 

a claim of protected status may result in denial of the claim. 16 C.F.R. § 2.ll(a)(l). 

E. Doc11D1ent Retention: You shall retain all documentary materials llSed in the 

preparation of responses to the specifications of this cm. The Commission may require the 

submission of additional documents at a later time during this investigation. Accordingly, you 

should suspend 2ny routjne procedures for document destruction and take other measures 

to p revent the destr\lction of documents that are in any way relevant to this investigation 

during its pendency, irrespective of whether you believe such documents are protected from 

discoverybyprivilcgeorotherwise. See15 U.S.C.§50;seealso 18 U.S.C.§§ 1505, 1519. 

F. Petitions to Limit or Quash: Any petition to limit or quash this CID must be filed with 

the Secretary of the Commission no later than twenty (20) days aft.er service oflhe CID, or, if the 

return date is Jess than twenty (20) days after service, prior to the return date. Such petition shall 

set forth all assertions of p rotected status or other factual and legal objections to the CID, 

including all appropriate arguments. affidavits, and other supporting documentation. l 6 C.F _R_ § 

2.1 0(a)( I). Such petition shall not exceed 5,000 words as set forth in 16 C.F .R. § 2.1 0(a)( I) and 

4 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 9 of 23 PageID 56 
must include the signed separate statement of counsel required by 16 C.F .R. § 2.1 0(a)(2). The 

Com.mission will not consider petitions to quasb or limit absent a pre--filillg meet and 

confer session with Commission staff and" absent extraordinary circumstances, will 

consider only issues raised during the meet and confer process. 16 C,F.R § 2.7(k); see also 

§ 2.ll(b). 

G. Modification of Specifications: If you belit!ve that the scope of the required search or 

response for any specification can be narrowed consistent with the Commission's need for 

documents or infonnation, you are encouraged to discuss such possible modifications, including 

any modificatioos of definitions and instructions, with Megan Cox at 202-326-2282. All such 

modifications must be agreed lo in writing by the Bureau Director, or a Deputy Bureau Director, 

Associate Director. Regional Director, or Assistant Regional Director. 16 C.F.R. § 2 7(1). 

H. Certification: A responsible corporate officer shall certify that the response to this CID 

is complete, This certification shall be made in the form set out on the back of rhe CID form, or 

by a declaration under penalty of perjury as provided by 28 U.S.C. § l 746. 

J. Scope of Search: This CJD covers documents and informatfon in your possession or 

under your actual or constructive custody or control including, bur not limited to. documents and 

infonnation in the possession. custody, or control of your attomeys, accountants, directors, 

officers, employees, and other agents and consultants, whether or not such documents and 

infonnation were received from or disseminated to any person or entity. 

J. Document Production: You shall produce the documentary material by making aJI 

responsive documents available for inspection and copying at your principal place of business. 

Alternatively, you may elect to send all responsive documents to Matthew Smith, Federal Trade 

Commissi01,, 600 Pennsylvania Avenue, N. W ., Mail Stop CC-8232, Washington, D.C. 20580. 

Because postal delivery to the Commission is subject to delay due to heightened security 

precautions, please use a courier service such as Federal Ex.press or UPS. Notice of your 

intended method of production shall be given by email ot telephone to Megan Cox, 

mcoxl@ftc.gov, or 202-326-2282 at least five (5) days prior to the return date. 

K. Document Identification; Documents that may be responsive 10 more than one 

specification of this CID need not be submitted more than once; however, your response should 

indicate, for each document submitted, each specification to which the document is responsive. 

lfany documeolS responsive to this CID have been previously supplied to the Comrrussion, you 

may comply with this CTD by identifying the document(s) previously provided and the date of 

submission. Documents should be produced in the order in which they appear in your files or as 

electronically stored and without being manipulated or otherwise rean-anged; if documents are 

removed from thejr original folders, binders, covers, containers., or electronic source in order to 

be produced, then the documents shall be identified in a manner so as to c learly specify the 

folder, brnder, cover, container, or electronic media or file paths from which such documents 

came. In addition, number by page (or file, for those documents produced in native electronic 

format) all documents in your submission. preferably with a unique Bates identifier, and indicate-­

the total number of docwnents in your submission. 

L. Production of Copies: Unless otherwise staled, legible photocopies (or electronically 

s 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 10 of 23 PageID 57 
rendered images or digital copies of native electronic files) may be submitted in lieu of original 

documents, provided lhat the originals are retained in their state at the time of receipt of this 

ClD. Further, copies of originals may be submitted in lieu of originals only if they are true, 

correct, and complete copies of the original documents; provided, however. that submission of a 

copy shall constitute a waiver of any claim as to the authenticity of the copy should it be 

necessary to introduce such copy into evidence in any Commission proceeding or court of law; 

and provided further that you shall retajn the original documents and produce them to 

Commissi0t1 staff upon request. Copies of marketing materials and advertisements shall be 

produced in color, and copies of other materials shall be produced in color if necessary to 

interpret them or render them intelligible. 

M. Electronic Submission of Documents: See the attached " Federal Trade Commission, 

Bureau of Consumer Protection Production Requirements,'' which details all requirements for 

submission of information, generally requiring that files be produced in native form and 

specifying the metadata to be produced (Attachment A). As noted in the atlachment, some items 

reguire discussion with the FTC counsel prior to production, which can be part of the general 

"Meet and Confer" described above. If you would like to arrange a separate dis{:ussion 

involving persons specifically familiar with your electronically stored infonnation {ESl) systems 

and methods of retrieval. make those arrangements with FTC counsel when scheduling the 

general meet and confer discussion. 

K. Sensitive Personally Identifiable Information: 1f any material called for by these 

requests contains sensitive personally identifiable information or sensitive health information of 

any individual, please contact us before sending those materials to discL1SS ways to protect such 

information during production. If that information will not be redacted, contacl us to discuss 

encrypting any electronic copies of such material with encryption software such as SecureZip 

and provide the encryplion key in a separate communication. 

For purposes of these requests, sensitive personally identifiable information includes: an 

individual's Social Security number alone; or an individual's name or address or phone number 

in combination with one or more of the following: date of birth; Social Security number: driver's 

license number or olher state identification nu1nber or a foreign country equivalent; passport 

number~ financial account number; credit card number; or debit card number. Sensitive health 

information includes medical records and other individually identifiable health information 

relating to the past, present, or future physical or mental health or conditions of an individual, the 

provision of health care to an individual, or the past, present, or future payment for the provision 

of health care to an individual. 

0 . Information Identification: Each specification and subspecification of this CID shall 

be answered separately and fully in writihg under oath. All information submitted shall be 

clearly and precisely identified as to the specification(s) or SLJbspecification(s) to which it is 

responsive. 

P. Certification of Records of Regularly Conducted Activity: Attached is a Certification 

of Records of Regularly Conducted Activity, which may reduce the need to subpoena the 

Company to testify at future proceedings in order to establish the admissibility of documents 

produced in response to this CID (Attachment 8). You are asked to execute this Ce11ification 

6 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 11 of 23 PageID 58 
and provide it with your response. 

Q. Procedures: This CID is issued pursuant to Section 20 of the Federal Trade 

Commission Act, 15 U.S.C. § 57b-1. The taking ofora1 t~stimony pursuant to this CID will be 

conducted in conformity with that section and with Parl 2A of the Commission's Rules, 16 

C.f .R. §§ 2.7([), 2.7(h), and 2.9. 

ffi. SCimDULE FOR INTERROGATORIES 

Provide the following information: 

I. State the following: 

a. the complete legal name and all other names under which the Company 

has done or does business; 

b. the corporate mailing address(es), and all addresses from which each 

named entity identified in Interrogatory I (a) does or has done business~ 

c. the states i:n whlcb each named entity identified in Interrogatory 1 (a) is or 

has incorporated and the corresponding dates for each such incorporation; 

and 

d. the identity of all officers and members of any Board of Directors for each 

named entity identified in lnterrogatory 1 (a). 

e. the jdentity and management responsibilities of each officer and member 

of any Board of Directors, including, but not limited to, areas of 

responsibility for each officer and member named in Interrogatory l(d). 

2 . Describe fully the corporate structure, state the names of all parents, subsidiaries 

(whether wholly or partially owned), divisions (whether incorporated or not), affiliates, 

branches, joint ventures. franchises. operations under assumed names, websites, or 

entities: 

a. wh ich exc_rcise supervision or control over the Company; and 

b. over which the Company exercises supervision or controL 

3. List all products and services the Company offered or sold chat include Consumer Report 

Infonnation. including information bearing on an individual's credit worthiness, credit 

standing, credit capacity, character (including, but not limited to. criminal atTests and/or 

convictions). general reputation, personal characteristics or mode of living. Include a 

separate description of each product or service You describe. 

4. For each product or service described in Your response to Interrogatory 3, indicate the 

number of such products or services sold for each month from January 1, 2010 lhrough 

January 2013. 

5. List all products and services the Company offered or sold that include Personal 

lnformation~ but do not i11clude Consumer Report Information. Include a separate 

des~ription of each product or service You describe. 

7 

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6. For each product or service described in Your response to l nterrogatory 5, indicate the 

number of such products or services sold for each month from Januruy 1, 2010 through 

January 2013. 

7. For each product or service identified in Your responses to Interrogatories 3 and 5, name 

Lhe category or categoiies under which a Customer or user applies for access to each 

product or service on Tracers' subscriber application fonn. 

8. Identify all sources from which You obtain Consumer Report Information or Personal 

Information about consumers and describe fully: 

a. what Consumer Report Information and Personal Information You receive 

from each sour,ce; 

b. how many individual consumers You obtain infom1ation about from each 

source; and 

c. how Tracers uses the information obtained from each source in each 

product or service described in Your responses to Interrogatory 3 and 

Interrogatory 5. 

9. Identify all entities that have completed an application to be a subscriber of Tracers' 

prnducts and services. 

10. Identify all Customers that have been granted access to Tracers~ products and services 

after submitting an application to be a subscriber of Tracers' products and services. 

l I. Identify all entities that have been denied all access to Tracers' products and services 

after submitting an application to be a subscriber of Tracers' products and services. 

l2. Identify all entities that have been denied some access to Tracers' products and services 

after submitting an application to be a subscriber of Tracers' produces and services. 

lJ. Identify alJ Customers that have been granted access to Tracers' People Searches and 

Premium People Search after submitting an application to be a subscriber of Tracers1 

products and services. 

14. Identify all entities that have been denied access to Tracers' People Searches and 

Prernium People Search after submitting an application to be a subscriber of Tracers• 

products and services. 

15. Identify all Company employees responsjble for setting up accounts, analyzing screening 

requi..-ements, reviewing compliance reports, and performing any audits, investigations, 

vetting, or reviews, and desc.ribe each employce·s individual responsibilities. 

16. Describe fully the procedures implemented and steps taken to audit. investigate, vet, or 

review potential Customers and existing Customers. 

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17. Identify all Customers that have had their access audited, investigated, vetted, or 

reviewed after havjng access to Tracers' People Searches or Premium People Search. 

18. Identify all Customers that have had their access to Tracers' People Searches or Premrum 

People Search terminated after having been audited, investigated, vetted, or reviewed by 

Tracers. 

19. Describe fully the database(s) through which Tracers or its Customers run People 

Searches and Premium People Searches, incl.uding the specific types and sources of 

information that are contained in the database(s), how data is maintained, and the purpose 

for which the data is or may be used. 

20. Name and describe fully any private action, federal, state, or local law enforcement or 

governmental actions, inquiries, investigations, proceedings, or subpoenas (collectively 

··actions'"') relating to Tracers and any actual. alleged, or potential violation of any federal 

laws. ruJes, or regulations. Describe the nature of the actions and the status or outcome 

of any governmental or regulatory inquiry or private action. 

21. Describe fully the steps the Company took in 2010 to audit, investigate, vet. or review 

Nationwide Fund Recovery LLC, what was found, and any steps the Company took to 

limit access or verify the Nationwide Fund Recovery LLC's need for access io response 

to what was found during the audit, investigation, vetting, or review. 

22. Describe fully whether and under what circumstances the user known as ·'NA TFUND26" 

had its access to Tracers' products and services suspended. 

23. Describe fully a Consumer~s ability to request Tracers delete and permanently remove all 

Personal tnformation or Consumer Report Information about them from Tracers' 

products aod services or a consumer's ability to otherwise opt out from being part of 

Tracers' products and services. 

24. Describe fully any complaints relating to FCRA compliance or disclosure of Consumer 

Reports. 

,­t,). Describe fully any complaints relating to disclosure or compromise of Personal 

JofoCT11ation. 

26. Provide. the total revenues earned by the Company from the sale of its products and 

services. 

27. Provide the total costs incutred aod profits earned by the Company from the sale of its 

products and services. 

IV. SPECIFICATIONS FOR DOCUMENTS 

Provide the following documents: 

9 

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I. Documents sufficient to show aJJ policies, practices, and procedures relating to Tracers' 

subscriber application process. 

2. Documents sufficient to show all policies, practices, and procedures relating to Tracers' 

audits, fovestigations, vetting, review, or verification of its existing Customers and 

potential Customers. 

3. AJI documents related to the. auditing, investigation, vetting, revjew, or verification of 

any Customer, person, or entity with wbich Tracers had any business relationship relating 

to the use, purchase, sale~ transfer. acquisition, or possession of Personal Information. 

4. Documents sufficient to show all policies, practices, and procedures relating to Tracers' 

products and services identified in Your responses to Interrogatories 3 and 5, including, 

but not limited to: 

a. tbe licensing and cllection of data used to create Tracers products and 

services containing or providing consumer information; 

b. alJ agreements. te.nns and conditions applicable to the sale and use of sueh 

products or services by Tracers' Customers; and 

c. the bases for any decisions or conclusions reached regarding the 

applicability of the FCRA 10 Tracers' provision of prodtlcts or services to 

Customers. 

5. Documents sufficient to .show Tracers• agreements, terms and conditions of use, or other 

documents provided by each source of Personal Information and Consum,er Report 

Information. 

6, All documents related to the price paid by Customers to access and search People 

Searches and Premium People Search. 

7, Documents sufficien1 to show the cost to Tracets to provide People Searches and 

Premium People Search to Customers. 

8. Documents sufficient to show Tracers' profits related 10 providing People Searches and 

Premj-um People Search to Customers. 

9, Documents sufficient to show a representative sample of responses to queries run on 

People Searches and Premium People Search. 

I 0. Documents sufficient to show Tracers' expenses related to any audits. investigations, 

vect:ing, or review of its Customers and potential Custome,rs. 

11. All documents and information abol!t Consumers accessed by Nationwide Fund 

Recovery LLC through Tracers' products and services. 

12. All documents related to the. Customer or ttser known as "NATFUND26.'' 

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13. All documents related to Nationwide Fund Recovery LLCs application for a 

subscription, its access to products and services, and any audits, investigations, vetting, 

or review of Nationwide Fund Recovery LLC. 

14 Copies of any complaints relating to FCRA compliance or disclosure of Consumer 

Reports. 

15. Copies of any complaints relating to disclosure or compromise of Pei-sonal fnformation. 

V. SPECIFICATIONS FOR ORAL TESTIMONY 

The Company is required to designate and make available one or more officers. directors, 

or managing agents, or others who aonse11t, to testify on its behalf. UnJess a single individual is 

designated, the Company must designate in advance and in writing the matters on which each 

designee will testify. The person(s) designated must testify about information known or 

reasonably available to the Company and their testimony shall be binding upon iL 16 C.F .R. § 

2,7(b). The person(s) designated must be p.repared to provide testimony relating to tbe following 

topics: 

I, The Company's responses to the Commission's Civil investigative Demand requesting 

responses to interrogatories and the production of documents. 

2.. The authenticity of documents produced in response to the Federal Trade Commission's 

Civil Investigative Demand for documents to the Company. 

3. All policies, practices, and procedures relating to Tracers' subscriber application process. 

4. The Tracers· employees responsible for setting LIP Tracers' Customers' accounts, 

analyzing screening requirements, reviewing compliance reports, and performing any 

audits, investigations, vetting, or reviews. 

5. All policies, practices, and procedures related to audits, investigations, vetting, or 

reyiews of existing Customers and potential Customers. 

6. AJl policies, practices, and procedures related to Tracers' Customers' use of its products 

and services. 

7. The Customers Tracers audited, investigated, vetted, or reviewed after providing access 

to Tracers· products and services. 

8. The steps taken to audit, investigate, vet, or review Nationwide fund Recovery LLC. 

what was found, and steps taken to limit access or verify the business's need for access in 

response to what was found during the audit, investigation. vetting, or review. 

9. The circumstances unde.r which the Customer or user known as ··NATFUND26" had its 

access to Tracers' products and services suspended. 

I I 

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10. Tracers' compliance with theFCRA. 

12 

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Attachment A 

Federal Trade Commission, Bureau of Consumer Protection Production Requirements 

Submit all documents according co the instrUctions, below. Some instructions require discussion 

with FTC counsel prior to production, which can be part of a general ''Meet and Confer" 

between the parties or a separate discussion involving persons specifically familiar with your 

electronically stored information (ES!) systems and methods ofretrievaJ. 

Types of Files 

I. Native or Near-Native Files 

a. Whenever possible, produce responsive ES1 in its native form; that is1 in the form 

in which the information was customarily created, used and stored by the native 

application employed by the producing party in the ordinary course of business 

(Le .• . doc, .xis, .ppt, .pdf). 

b. If production of an ESI hem in its native fonn .is infeasible, it may be produced in 

a near-native fonn (i.e., there is not a material loss of content, structure or 

functionality as compared to the native form) that the FTC agrees to prior to 

production. 

c. Native files containing embedded files must have those files extracted, produced 

in thefr na6ve form .in accordance with #1.a., and have the parent/child 

relationship identified in the accompanying production metadala. 

2. Databases 

a. Microsoft Access databases may be produced in either .mdb or .accdb formal 

b. Discuss all other database formats with the FT'C prior to production. 

3. Multimedia 

a. Multimedia files (i.e., audio, video) may be produced in ..mp3 or .mp4 fonnats. 

b. Discuss production of multimedia (i.e., audio, video) in other file formats with the 

FTC prior to production. 

4. Discuss production of instant messages, CRM, prop1ietary applications, and any otber 

type ofESf not specificaJly referenced in #1, 2, or 3 with the FTC prior to production. 

5. Hard Copy Documents 

a. Scan in an electronic fonnat documents stored in bard copy in the ordinary course 

of business. 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 18 of 23 PageID 65 
Attachment A 

b. Produce scanned documents as 300 DPJ individual multi-page PDFs per 

document. For marketing materials and where necessary to interpret documents 

or render them intelligible, submit documents in color. 

c. Produce scanned documents with embedded searchable text. 

d. Produce hard copy documents in the order in which they appear in your files and 

without being manipulated or otherwise rearranged. 

e. Treat documents kept in folders or binders as family members. Scan the cover of 

a binder or folder separately and have it serve as the parent document. Scan each 

document within a folder or binder as an individual document and have it serve as 

a child to the parent folder or binder. 

6. Redacted Documents 

a. Produce EST requiring redaction in a near native searchable PDF fonnat. 

b. Produce redacted documents as individual multi-page PDFs per document. 

c. Produce redacted documents with embedded searchable text. 

d. If hard copy documents require redaction, follow all reqi1irements laid out in #5. 

De-duplication, Email Threading, and Passwords 

7. De-duplication 

a. De-duplication based on M D5 or SHA-I hash value may be conducted within a 

custodian's set of files without FTC approval so long as the FTC is notified of the 

intent to de-duplicate prior to production. 

b. Discuss de-duplication of any other scope or means with the FTC prior to 

production. 

8. Use of email threading software must be discussed with the FTC prior to production. 

9. For password protected files, remove their passwords prior to production. If password 

removal is not possible, provide a cross reference file including original filename, 

prodllCtion filename, and the respective password, 

Production Metadata 

10. Family Relationships: Regardless of form of production, preserve the parent/child 

relationship in all files as follows: 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 19 of 23 PageID 66 
Altacbmeol A 

a. Produce attachments as separate documents and number them consecutively to 

the parent file. 

b. Complete the ParentlD metadata :field for each attachment. 

11 . Document Numbering and File Naming 

a. Each document must have a unique document identifier (' DOC ID-') consisting of 

a prefi and 7-digit number (e .g. ABCO00000 I) as follows: 

1. The prefix of the filename must reflect a unique a.lphanumeric designation,, 

not to exceed seven (7) characters identifying the producing party. This 

prefix must remain consistent across all productions. 

11. The next seven (7) digits must be a unique, consecutive numeric value 

assigned to the item by the producing party. Pad this value with leading 

zeroes a needed to preserve its ?-digit length. 

m. Do not use a space to separate the prefix from numbers. 

b. Name each native or near native file with its corresponding DO CID number and 

appropriate file extension (,e.g .• ABC000000 I .doc). 

12. Load Fi1eFormat 

a. Produce .metadata in a delimited text file (.DAT) for each item included in the 

production. The first line of the delimited text file must contain the field names. 

Each subsequent line must contain the metadata for each produced documenL 

b. Use t hese delimiters in the delimited data load file: 

Descriotion Symbol ASCII Code 

Field Separator ,r 020 

Quote Character 1> 254 

New Line ® 174 

Multiole Field Entries . , 059 -

13. The following chart describes the required metadata for native, scanned, and redacted 

documents. If you want to submit additional metadata. discuss with the FTC prior to 

production. 

Production Metadata 

Field Name -

~ative Scanned Redacted Format 

DOCID y y y Alphanumeric (see# 11 above) 

PARENTID y y y Alphanumeric 

NATIVELINK y y y Alohanumeric 

CUSTODIAN y y y Alohanumeric 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 20 of 23 PageID 67 
Attachment A 

RESPSPEC y y Alphanumeric (question# record 

resoonds to) 

ORIGFILENAM£ y y AJohanumeric 

ORIGPATH y y Alphanumeric 

CONFIDENTIAL y y I y Boolean - YIN --- HASH y y I y Alphanumeric 

From 

-

y - Alphanumeric 

To I " y Alphanumeric 

cc y Alphanumeric 

BCC y -Alohanumeric 

EmailSubiect I y Alohanumeric 

DateSent y MM/DD/YYYY HH:MM:SS AM/PM 

DateRcvd y MM/DD/YYYY HH:MM:SS AM/PM 

Author y Alohanumeric 

Subject y Alphanumeric 

DateCreated y MM/DD/YYYY HH:MM :SS AM/PM 

DateLastMod y MM/DD/YYYY HH:MM:SS AM/PM 

Production Media 

14. Prior to production, scan all media and data contained therein for viruses and confirm the 

media and data is virus free. 

15. For productions smaller than 50 GB, the FTC can accept electronic file transfer via FTC 

hosted secure file transfer protocol. Contact the FTC to request this option. The FTC 

cannot accept files via Dropbox, Google Drive, or otber thfrd-party file transfer sites. 

16. Use the least amount of media necessary for produclions. Acceptable media formats are 

optical discs (CD, DVD), flash drives, and hard drives. Format all media for use with 

Windows 7. 

17. Data encryption tools may be employed to protect privileged or other personal or private 

information. Discuss encryption formats with the FTC prior to production. Provide 

encryption passwords in advance of delivery, under separate cover. 

l8. Mark the exterior of all packages containing electronic media sent through the U.S. 

Postal 

Service or other delivery services as follows: 

MAGNETIC MEDIA - DO NOT X-RAY 

MAY BE OPENED FOR POSTAL INSPECTION. 

19, Provide a production transmittal letter with all productions which includes: 

a. A unique production number (e.g., Volume 1). 

b. Date of production. 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 21 of 23 PageID 68 
Attachment A 

c. The numeric range of docwnents included in the production. 

d. The number of docWTients included in the production. 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 22 of 23 PageID 69 
Attachment B 

CERTIFICATIO OF RECORDS OF REGULARLY CONDUCTED ACTMTY 

Pursuant to 28 U.S.C. § 1746 

1, ___________ _, have personal knowledge of the facts set forth below and am 

competent to testify as follows; 

I. I have authority to certify the authenticity of the records produced by Tracers Information 

Specialists, Inc. and attached hereto. 

The documents produced and attached hereto by Tracers lnformation Specialists, Jnc. are 

originals or true copies of records of regularly conducted activity that: 

a. Were made at or near the time of the occun-ence of the matters set forth by, or 

from information transmitted by, a person with knowledge of those matters; 

b. Were kept in the course of the regularly conducted activity of Tracers fnformation 

Specialists1 Inc.· and 

Were made by the regularly conducted activity as a regu.lar practice of Tracers 

Information Specialists, lnc 

f cert.if y under penalty of perjury that the foregoing is true and correct. 

Executed on --------~ 2015. 

· 1gnature 

Case 8:16-mc-00018-VMC-TGW Document 1-6 Filed 02/12/16 Page 23 of 23 PageID 70 
Case 8:16-mc-00018-VMC-TGW Document 1-7 Filed 02/12/16 Page 1 of 3 PageID 71 

PETITION EXHIBIT 6 

Letter from Maneesha Mithal, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar, 

Buchanan Ingersoll Rooney PC 

(Sept. 18, 2015) 
UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

Bureau of Consumer Protection 

Division of Privacy and Identity Protection 

September 18, 2015 

By Electronic Mail 

Richard G. Salazar, Esq. 

Buchanan Ingersoll Rooney PC 

501 E. Kennedy Blvd. 

Suite 1700 

Tampa, FL 33602 

Re: Civil Investigative Demand to Tracers Information Specialists, Inc. 

Dear Mr. Salazar: 

I am writing in connection with your September 16, 2015, meet and confer with Megan 

Cox and Ben Rossen, during which I understand you requested a thirty-day extension to respond 

to the Commission's August 20, 2015, Civil Investigative Demand ("CID") to your client, 

Tracers Information Specialists, Inc. ("Tracers"). 1 

You explained that Tracers was requesting the extension because the company has 

recently undergone a change of ownership and because management of the business has changed 

since the issuance of the CID. You further explained that these recent changes have delayed 

Tracers' ability to respond to the CID. As a condition of the extension, you also agreed that you 

would produce to the Commission on September 23, 2015, all documents previously produced to 

the United States Department of Housing and Urban Development ("HUD") regarding 

Nationwide Fund Recovery LLC and the Tracers user known as "NA TFUND26," corresponding 

to Specifications for Documents 11-13.2 

Although we reserve all rights of the Commission to enforce the CID as originally 

propounded, I hereby move the date by which Tracers must respond to the Commission's 

interrogatories and specifications for documents to October 23, 2015, subject to the condition set 

forth above. Please note that, in accordance with Instruction D, claims of privilege should be 

received by this date as well. I also hereby move the date and time for oral testimony to 

Thursday, December 10, 2015. 

1 I understand that you discussed additional modifications to the terms of the CJD during the September 16 meet and 

confer. This letter addresses only yom request for an extension of time. We will write separately to address any 

further modifications to the CID. 2 To the extent additional documents or infonnation responsive to Specifications 11-13 exist and were not 

previously produced to HUD, those additional documents will be covered by the thirty-day extension oftime set 

forth in this letter. 

Case 8:16-mc-00018-VMC-TGW Document 1-7 Filed 02/12/16 Page 2 of 3 PageID 72 
Richard G. Salazar, E$q. 

September 18, 2015 

Page 2 of2 

No other modifications of dates and terms set forth in the CID are intended or offered. 

We look forward to Tracers' continued cooperation in this matter. 

If you have any further questions or concerns regarding the CID, please contact Megan 

Cox at (202) 326-2282, or Ben Rossen at (202) 326-3679. 

Sincerely, 

Maneesha Mithal 

Associate Director 

Division of Privacy and Identity Protection 

cc: Carrie G. Amezcua, Esq. 

Case 8:16-mc-00018-VMC-TGW Document 1-7 Filed 02/12/16 Page 3 of 3 PageID 73 
Case 8:16-mc-00018-VMC-TGW Document 1-8 Filed 02/12/16 Page 1 of 5 PageID 74 

PETITION EXHIBIT 7 

Letter from Maneesha Mithal, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar, 

Buchanan Ingersoll Rooney PC 

(Sept. 28, 2015) 
G 

United States of America 

FEDERAL TRADE COMMISSION 

WASHINGTON, DC 20580 

Bureau of Consumer Protection 

Division of Privacy and Identity Prote-Otion 

September 28, 2015 

By El.ectro11ic Mail 

Richard G. Salazar, Esq. 

Buchanan Ingersoll Rooney PC 

50 I E. Kennedy Blvd. 

Suite 1700 

Tampa, FL 33602 

Re: Civil Investigative Demand to Tracers Information Specialists, Inc. 

Dear Mr. Salazar: 

I am writing in connection with your September 16, 2015, meet and confer (the "Meet 

and Confer") with Megan Cox and Ben Rossen, during which I understand you requested 

modifications, in addition to a thirty-day extension to respond to the Commission's August 20, 

2015, Civil Investigative Demand ("CID") to your client, Tracers Information Specialists, Inc. 

(''Tracers"). My letter of September 18, 2015 granted your request for an extension, and I write 

today with regard to the modifications. Without waiving the rights of the Commission to enforce 

the CID as originally propounded, we agree to modify the following specifications: 

I. Interrogatories 

Interrogatories 11, 12, and 14 seek the identity of all entities that were denied some or all 

access to Tracers' products and services or Tracers People Searches and Premium People Search. 

You informed us that the information responsive to these specifications is only available in hard 

copy and you requested we limit the applicable time period for these specifications from 2012 to 

2015. We will not agree to modify the applicable time period as you requested. However, we 

will modify these specifications so that you may identify the nwnber of entities that have been 

denied some or all access in response to each interrogatory since 2010, as follows: 

• Interrogatory 11: "Identify the number of entities that have been denied all access to 

Tracers' products and services after submitting an application to be a subscriber of 

Tracers' products and services since January 1, 2010." 

• Interrogatory 12: "Identity the number of entities that have been denied some access 

to Tracers' products and services after submitting an application to be a subscriber of 

Tracers' products and services since January 1, 2010." 

• Interrogatory 14: "Identity the number of entities that have been denied access to 

Tracers' People Searches and Premium People Search after submitting an application 

to be a subscriber of Tracers' products and services since January 1, 2010." 

Case 8:16-mc-00018-VMC-TGW Document 1-8 Filed 02/12/16 Page 2 of 5 PageID 75 
Richard G. Salazar, Esq. 

September 28, 2015 

Page2 of4 

IL Document Requests 

Document Request 3 seeks all documents related to the auditing, investigation, vetting, 

review, or verification of any Customer, person, or entity with which Tracers had any business 

relationship relating to the use, purchase, sale, transfer, acquisition, or possession of Personal 

Infonnation. You informed us of your belief that Tracers' auditing process has not changed 

since 2009. You also explained that many of the responsive documents may only be available in 

hard copy. Specifically, you informed us that Tracers' databases contain information concerning 

the verification and vetting of new Customers since 2012, but that documents concerning audits, 

investigations and/or verifications of existing Customers are maintained solely in hard copy. 

You requested that we limit the scope of this request. 

As set forth below, we will agree to modify Document Request 3 to permit the production 

of Tracers' policies and procedures related to Tracers' auditing, investigation, vetting, review 

and/or verification of Customers and other persons or entities. However, this modification to 

Document Request 3 is contingent on Tracers' agreement to produce a representative random 

sample of documents relating to Tracers' auditing, investigation, vetting, review or verification 

of Tracers' Customers and any persons or entities that sought to acquire Personal Information 

from Tracers but never became Customers. 

In order to establish the procedures for selecting an appropriate random sample, we will 

require information from you concerning Tracers' retention of documents responsive to 

Document Request 3, including the organization, accessibility and approximate volume of the 

following categories of documents from 2010 to the present: ( 1) verifications, vetting and review 

of new Customers; (2) verifications, vetting and review of entities that sought to acquire Personal 

Infonnation from Tracers but never became Customers; and (3) audits, investigations and 

verifications of existing Customers since 2010. Tracers will provide us with this information 

no later titan October 5, 2015. 

Accordingly, without waiving the rights of the Commission to enforce the CID as 

originally propounded, I hereby modify Document Request 3 as follows: 

• Document Request 3(a): "All documents related to Tracers' policies and procedures 

for auditing, investigation, vetting, review, or verification of Customers, persons or 

entities with which Tracers has had any business relationship re1ating to the use, 

purchase, sale, transfer, acquisition, or possession of Personal Information from 2010 

to present." 

• Document Request 3(b): "A representative random sample of documents related to 

the auditing, investigation, vetting, review or verification of any Customer, person or 

entity with which Tracers had any business relationship relating to the use, purchase, 

sale, transfer, acquisition> or possession of Personal Information since January 1, 

2010." 

Document Request 6 seeks all documents related to the price paid by Customers to access 

Case 8:16-mc-00018-VMC-TGW Document 1-8 Filed 02/12/16 Page 3 of 5 PageID 76 
Richard G. Salazar, Esq. 

September 28, 2015 

Page 3 of 4 

People Searches and Premium People Search. WiL'i.out waiving the rights of the Commission to 

enforce the CID as originally propounded, I hereby modify Document Request 6 as follows: 

• Document Request 6: "Documents sufficient to show the prices paid by Customers 

for subscriptions that include access to People Searches and Premium People Search." 

Document Request 7 seeks documents sufficient to show the cost to Tracers to provide 

People Searches and Premium People Search to Customers. You explained that Tracers does not 

incur costs on a per search basis but rather licenses data sets for a yearly fee. Without waiving 

the rights of the Commission to enforce the CID as originally propounded, I hereby modify 

Document Request 7 as follows: 

• Document Request 7: "Documents sufficient to show the costs incurred by licensing 

each data set used in Tracers' search products on an annual basis from 2010 through 

the present and identify which data sets are used to create results returned for queries 

run on each product." 

Document Request 8 seeks documents sufficient to show Tracers' profits related to 

providing People Searches and Premium People Search to Customers. You explained that 

Tracers does not track profitability for individual search product lines. Without waiving the 

rights of the Commission to enforce the CID as originally propounded, I hereby modify 

Document Request 8 as follows: 

• Document Request 8: "Documents sufficient to show Tracers' total profits on an 

annual basis from 2010 through the present. 

Document Request 11 seeks all documents and information about Consumers accessed 

by Nationwide Fund Recovery LLC through Tracers' products and services. Without waiving 

the rights of the Commission to enforce the CID as originally propounded, I hereby modify 

Document Request 11 as follows: 

• Document Request 11: Documents sufficient to show for each year 2010 through 

2014: (a) each type of search query run by Nationwide Fund Recovery LLC, 

including but not limited to Premium People Search, Social Security Death Index, 

High Risk Address Search, FEIN Search, Possible Relatives Search, SSN Verifier 

Plus, Fictitious Business Name, Judgments, Bankruptcies, Cell Phone and Unlisted 

Number Search, Phone Search, and E-People Search; and (b) all possible data fields 

and types of information about consumers returned for each type of query. 

As discussed during the Meet and Confer regarding the production of email messages 

responsive to document requests, we agreed to de-duplication of emails and the use of email 

threading. 

You also inquired about the confidentiality of information produced in response to the 

CJD. Instruction A at page 3 of the CID addresses the sharing of information produced with 

Case 8:16-mc-00018-VMC-TGW Document 1-8 Filed 02/12/16 Page 4 of 5 PageID 77 
Richard G. Salazar, Esq. 

September 28, 2015 

Page4 of 4 

other law enforcement agencies. With respect to the confidentiality of infonnation produced 

pursuant to compulsory process, we refer you to § 21 of the Federal Trade Commission Act, 15 

li.S.C. § 57b-2. Further, 16 C.F.R. § 4.10 addresses nonpublic material, as relates to requests for 

material lo be made public pursuant to the Freedom of Information Act, 5 U.S.C. § 552. 

If you have any further questions or concerns regarding the CID, please contact ~s. Cox 

at (202) 326-2282, or Mr. Rossen at (202) 326-3679. 

Sincerely, 

Maneesha 

~~ Mithal 

Associate Director 

Division of Privacy and Identity Protection 

cc: Carrie G. Amezcua, Esq. 

Case 8:16-mc-00018-VMC-TGW Document 1-8 Filed 02/12/16 Page 5 of 5 PageID 78 
Case 8:16-mc-00018-VMC-TGW Document 1-9 Filed 02/12/16 Page 1 of 3 PageID 79 

PETITION EXHIBIT 8 

Letter from Maneesha Mithal, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar, 

Buchanan Ingersoll Rooney PC 

(Oct. 23, 2015) 
United St.ates of America 

FEDERAL TRADE COMMISSION 

WASHINGTON, DC 20580 

Bureau of Consumer Protection 

Division of Privacy and Identity Protection 

October 23, 2015 

By Electro11ic Mail 

Richard G. Salazar, Esq. 

Buchanan Ingersoll Rooney PC 

501 E. Kennedy Blvd. 

Suite 1700 

Tampa, FL 33602 

Re: Civil Investigative Demand to Tracers Information Specialists, Inc. 

Dear Mr. Salazar: 

I am writing in connection with your October 21, 2015 email and October 23, 2015 caJl 

with Megan Cox and Ben Rossen, during which I understand you requested a further extension 

of thirty days to respond to the Commission's August 20, 2015, Civil Investigative Demand 

("CID") to your client, Tracers Information Specialists, Inc. ("Tracers"). This is the second 

extension of time you have requested. My previous letter of September 18, 2015 granted your 

first request for a thirty-day extension to respond to the Commission's CID. My letter of 

September 28, 2015 addressed other modifications to the CID. 

I understand that Tracers has requested an additional extension because ongoing litigation 

relating to the company's recent changes in ownership and management have inhibited Tracer's 

ability to respond to the CID. You explained that these changes in ownership resulted from a 

preliminary injunction, and that an appeal of this preliminary injunction is scheduled for 

November 10, 2015. These circumstances have delayed Tracers' responses to the CID. 

I also W1derstand that you are still determining whether any information may be produced 

at an earlier date. As a condition to the extension, you agree to provide information to the 

Commission on a rolling basis. Furthermore, you will provide an update relating to the status of 

ownership of Tracers by November 17, 2015, and will promptly update the Commission of any 

scheduling changes to the preliminary injunction hearing referenced above. 

Although we reserve all rights of the Commission to enforce the CID as originally 

propounded, I hereby move the date by which Tracers must respond to the Commission 

interrogatories and specifications for documents to November 23, 2015, subject to the condition 

set forth above. Please note that, in accordance \\rith Instruction D, claims of privilege should be 

received by this date as well. 

No other modifications of dates and terms set forth in the CID are intended or offered. 

We look forward to Tracers' continued cooperation in this matter. 

Case 8:16-mc-00018-VMC-TGW Document 1-9 Filed 02/12/16 Page 2 of 3 PageID 80 
Richard G. Salazar, Esq. 

October 23, 2015 

Page 2 of2 

If you have any further questions or concerns regarding the CID, please contact Ms. Cox 

at (202) 326-2282, or Mr. Rossen at (202) 326-3679. 

Sincerely, 

~μJ 

Maneesha MithaJ 

Associate Director 

Division of Privacy and Identity Protection 

cc: Carrie G. Amezcua, Esq. 

Case 8:16-mc-00018-VMC-TGW Document 1-9 Filed 02/12/16 Page 3 of 3 PageID 81 
Case 8:16-mc-00018-VMC-TGW Document 1-10 Filed 02/12/16 Page 1 of 2 PageID 82 

PETITION EXHIBIT 9 

Email from Megan Cox, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar and Carrie G. 

Amezcua, Buchanan Ingersoll Rooney PC 

(Oct. 27, 2015) 
----------------------

Case 8:16-mc-00018-VMC-TGW Document 1-10 Filed 02/12/16 Page 2 of 2 PageID 83 

From: Cox, Megan 

To: "Salazar, Richard"; "Amezcua, Carrie G." 

Cc: Rossen, Benjamin 

Subject: Follow up re Sampling for Tracers 

Date: Tuesday, October 27, 2015 3:03:00 PM 

Attachments: 2015.10.26 Sample- Apps and Audits.xlsx 

Hi Richard, 

Please find attached the Excel spreadsheet noting the samples of files we request Tracers produce.

 Please note the spreadsheet has two tabs – one tab for the sample drawn for the applications and

 one tab for the sample drawn for audits. Please let us know if you have any questions about the

 sample. 

As noted in our letter on Friday, and as we discussed on the phone, we expect information will

 provided on a rolling basis, with the interrogatories and documents due by November 23, 2015. 

Best, 

Megan 

Megan Cox 

Federal Trade Commission 

Bureau of Consumer Protection 

Division of Privacy and Identity Protection 

600 Pennsylvania Avenue, N.W., CC-8232 

Washington, DC 20580 

202.326.2282 (direct) 

mcox1@ftc.gov 
Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 1 of 10 PageID 84 

PETITION EXHIBIT 10 

Tracers subscriber application form, 

available at 

http://www.tracersinfo.com/subscriberapplication.pdf 
What We Need Fron, You 

1. A fully-completed application. We haven't asked for any information we don't need to complete the 

credentialing process. Please take the time to make sure you've supplied it all. Don't forget to .. 

 Include email addresses 

D Include your FEIN (or SSN for Sole Proprietorships) 

D Supply us with your actual physical address 

D Make sure it's signed and dated. 

We can't process your application unless it's complete and signed. 

2. A fully-completed Payment Authorization Form. Believe it or not, this page is essential in 

establishing that applications we receive are, indeed, legitimate. .Don't forget to .. 

D Supply the address where your credit card statements are sent 

D Copy a government-issued photo ID containing your signature in the space provided 

D Make 

* 

sure it's signed and dated. 

Every page needs input from you! * 

3, Subscriber & Disclaimer Agreement. Applications are most often returned 

because something we need is missing from this document. Don't forget to ... 

D Check all applicable boxes to indicate how you'll use our data 

---------

==­...... -- D Make sure to initial and sign where indicated. 

- S--::.. .... D Supply us with the name and title of your "Security Designate." 

-.. -~ ·=- ---"""':,,.--:., 

Please note: Occasionally, we need to request additional documentation from an applicant for verification purposes. We'll make every 

effort to obtain independent verification, but if we need more information, please get it back to us as quickly as possible. 

We also need ... 1. A clear copy of a state-issued ID that contains your signature. 

(Enlarging often makes them easier for us to read.) 

--=--

2. A clear copy of your business license, professional license, articles of incorporation or other 

state or federallv issued document verifvina vour riaht to conduct business in vour state.* 

·

V 

-- 3. A copy of the cover page of your phone bill (the page that contains the phone number 

.. . and the billing address) . 

• Licensing not required by your state? Not to worry ... if your profession is not regulated by a state or federal agency, you may supply us with proof of 

professional liability insurance (also known as "Errors and Omissions Insurance") to establish the legitimacy of your business enterprise. 

Tracers customers are charged a $25 per month membership fee. 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 2 of 10 PageID 85 
@tRAC{RS 

Full Legal 

Company Name: 

Physical Address: Suite: 

Ci State: I I ZIP: 

Mailing Address: PO Box/Suite: 

City: State: Dz1P: 

Phone: I Fax: I 

Main Contact: I Main Contact I 

Email Address: 

Accounts Payable I 

Contact: I AP Contact I Email Address: 

Company URL (Website) I I Additional I 

URL (Website) 

Is Business I D 

Home-Based? Yes No  I Federal ID # I orSSN: 

Type of Business: I I Number of I 

Employees: 

How Long In Business: I I Estimated I 

Monthly Usage: 

Business is (please check one only): 

D Corporation D Government D Partnership D LLC D Sole Proprietorship D Non-Profit 

Trade Magazine? Trade Show/Conference? Search Engine? 

Where did you hear about us? 

Please be as specific as 

possible so that we know whom Referral From? User Group? Sales Rep Call? 

to thank for your business. 

Printed Name: I I Signature: I 

C 

Title: I Date: I 

The information submitted on this application will be used to determine eligibility for accessing information provided by 

Tracers Information Specialists, Inc. Incomplete applications will be returned to the applicant. 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 3 of 10 PageID 86 
Request For Additional Authorized Signers and Account Users (Optional) 

If more than one person in your company will have access to your Tracers account. we STRO NGLY recommend 

that each user be issued a unique User ID and password. There is no additional charge for adding this 

important security measure to your account. 

Please use this page to identify employees of your company who are authorized to make changes to and 

discuss details of your account ("authorized signers") and to access the Tracers system on your behalf 

("additional users"). Please note: you are required to notify us immediately if there are any changes to the 

status of the below-listed individuals. 

USER Number 1 New User ID - TO BE COMPLETED BY TRACERS 

Yes No 

Signature (if Authorized Signer) Is this individual an Authorized Si ner for our com an ? 

E-Mail Address Phone Fax 

USER Number 2 New User ID - TO BE COMPLETED BY TRACERS 

Yes No 

Signature (if Authorized Signer) Is this individual an Authorized Si ner for our com an ? 

E-Mail Address Phone Fax 

I 

USER Number 3 New User ID - TO BE COMPLETED BY TRACERS 

D Yes D No 

Signature (if Authorized Signer) Is this individual an Authorized Sianer for vour comoanv? 

E-Mail Address Phone Fax 

USER Number 4 New User ID - TO BE COMPLETED BY TRACERS 

D Yes D No 

Signature (if Authorized Signer) Is this individual an Authorized Sianer for vour comoanv? 

E-Mail Address Phone Fax 

I 

USER Number 5 New User ID - TO BE COMPLETED BY TRACERS 

D Yes D No 

Signature (if Authorized Signer) Is this individual an Authorized Sianer for vour comaanv? 

E-Mail Address Phone Fax 

USER Number 6 New User ID - TO BE COMPLETED BY TRACERS 

D Yes D No 

Signature (if Authorized Signer) Is this individual an Authorized Sianer for vour comoanv? 

E-Mail Address Phone Fax 

Primary Authorized Signer Please Initial Here: ____ _ 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 4 of 10 PageID 87 
Payment Authorization 

For YOUR protection, incomplete Payment Authorization Forms will not be processed. 

All information will be verified before char es are made to our credit card. 

Monthly Auto-Debit I hereby authorize Tracers Information Specialists, Inc. to charge the 

below-listed credit card each month for our system usage. 

After the 1st of each month, our automated system will process a credit card payment, for the previous month's use, using the 

information you have provided. A copy of your paid invoice will then be emailed to you. It is highly recommended that you print a 

copy of this invoice for your accounting records. Please make sure to add accounting@tracersinfo.com to your email address 

book, so that invoices will be received. 

To view the details of your monthly invoice, please log in to your www.tracersinfo.com account and then click on "my account." 

Once there, mark the radial button next to "Other" and enter the dates for the month you'd like to view (for example, August 1 

through August 31); then click "show details." This will list all the searches you and your users have performed during the 

month. The total at the bottom of your screen should match the total of your invoice. From this screen you may also review your 

search results and, if you choose, print the page(s) to attach to your invoice for record keeping purposes. 

Billing Address: 

City: State: Zip: 

Phone: Fax: 

E-mail: 

Signature: 

4. Photocopy A Government-Issued ID Containing Your Signature Below 

Plsase place your ID in this box before photocopying this form. 

We recognize that your time is valuable, and nobody likes unnecessary bureaucracy. Please accept our assurance 

that the information we request from you is used to ensure that your identity is not being used fraudulently. 

The extra steps we take to verify our customers' identities helps to keep our data secure, 

which helps us to maintain your access to current, complete information such as full SSNs. 

We appreciate the time you've taken to supply us with the infonnation we need in order to keep 

supplying you with the information YQf:! need. 

5 Fax Completed Payment Authorization Forms to 811-820-8126. 

Have you supplied ALL the requested information? 

Incomplete Forms or Forms that do not include photocopies of a government-issued identification card 

(such as driver's license or passport) will NOT be processed. 

l#fki,_L_ ____________ _.l .. ".©.i.--________________ __. 

Page 3 of 7 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 5 of 10 PageID 88 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

             

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Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 6 of 10 PageID 89 

TRACERS INFORMATION SPECIALISTS, INC. 

SUBSCRIBER and DISCLAIMER AGREEMENT 

This Agreement is entered into on , 20 , by and between , 

(referred to herein as “Subscriber”) and Tracers Information Specialists, Inc. (hereafter referred to as “Tracers”) for commencement of services to 

begin on the first date of the approval of Subscriber Application for Services. 

1. SERVICES: Tracers will furnish Subscriber on request consumer and business information or other data stored or accessed by Tracer’s reporting system. 

Subscriber will provide Tracers with appropriate identifying information as to itself, its owners, partners, and/or officers of the business entity and other 

requested information. 

2. SUBSCRIBER USE LIMITATIONS: WHEREAS, the Federal Gramm-Leach-Bliley Act, 15 U.S.C.A. Section 6801 et seq. (2000), (“GLB Act”) was enacted to 

protect the use and disclosure of non-public personal information, including, in certain instances, the use of identifying information only; and WHEREAS, the 

Federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. (“FCRA”) was, in part, enacted to address the collection and use of information concerning 

consumers that relates to an individual’s credit-worthiness, credit standing, credit capacity or the general reputation of the individual; and WHEREAS, the GLB 

Act provides limited exceptions under which such information may be used; NOW, THEREFORE, Subscriber hereby certifies to Tracers that Subscriber has 

determined that Subscriber’s use of certain identification-only products (“Reference Products”), including but not limited to Credit Header Products is pursuant to 

an exception under the GLB Act and/or constitutes a permissible purpose as defined by the FCRA. Subscriber acknowledges that it is in its best interest to 

implement the Fair Information Practice Principles and agrees that in addition to using these Reference Products pursuant to a GLB Act exception and/or a 

permissible purpose as defined by the FCRA, it will use these Reference Products in compliance with Fair Information Practice Principles. Subscriber hereby 

certifies that its use of the Reference Products shall be for Purpose(s) designated below in the section entitled, “Certification of uses for Non-Public Information 

Products” 

Subscriber acknowledges that Subscriber has read and does understand the information set forth above and understands that failure to abide by the Fair 

Information Practice Principles or attempting to access restricted information for any reason other than as designated by Subscriber may result in immediate 

termination of access or to other remedies. Further, Subscriber acknowledges receipt of “Access Security Requirements” and agrees to abide by the terms and 

conditions described therein. 

Subscriber understands that Tracers cannot provide legal advice regarding the appropriate uses of non-public, personal information and that it is 

Subscriber’s obligation and responsibility to seek legal counsel in interpreting the applicable laws. However, regardless of the opinion of Subscriber’s legal 

counsel, Tracers will allow or restrict access to products based on Tracers’ understanding of the applicable laws. All such decisions are the sole discretion of 

Tracers and shall be final. 

Tracers will, from time to time, in the ordinary course of business, in order to fulfill its compliance obligations, routinely and randomly 

audit, through a variety of means, the use of information obtained by Tracers Subscribers from Tracers. Subscriber agrees to provide to Tracers 

such access or documentation as Tracers deems necessary to perform such audits in order to verify the legitimacy of a request for non-public 

information. Tracers shall protect the confidentiality of all information obtained through such audits. Subscriber acknowledges that failure to 

provide such access or documentation may result in immediate restriction of access or other remedies. 

CERTIFICATION of Uses for Non-Public Information Products: Check all uses for which you will be requesting data. 

 Child Support Enforcement Employment Screening 

Collections Employment Verification 

 Legal Process Service Fraud Prevention 

 Insurance Claims Investigation Locate Beneficiaries and Heirs 

 Locate Missing Persons Locate Owners of Unclaimed Goods 

 Locate Former Employees Locate Alumni - Class Reunions 

 Locate Existing Customers Product Recalls 

 People Locator Service Locate Former Patients (Medical Industry ONLY) 

 Tenant Screening 

 Witness & Victim Locating in a documented criminal or civil action 

 Locating Fraud Victims in an active criminal or civil action 

 For required institutional risk control or for resolving consumer disputes or inquiries 

 Other (please describe) 

While other uses for non-public records may be allowable under the FCRA, GLB and other Federal & State laws and by the principles of the Fair 

Information Practice Codes, the purposes for which we will allow access to these products are limited to those listed above unless specifically authorized 

by Tracers in writing. 

Primary Authorized Signer Please Initial Here: ______________ 
 

 

 

 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 7 of 10 PageID 90 

RESTRICTED USES: The following is a list of unacceptable uses for our services, products or information: 

a. May NOT be used to locate suspects in a criminal or civil lawsuit in order to develop a news story. 

b. May NOT be used to track down victims of fraud, their family members or friends to develop a news story. 

c. May NOT be used to locate lost loves, friends, family members or for personal reasons (dating, etc.) 

d. May NOT be used for purposes that may cause physical or emotional harm to the subject of the report (e.g. stalking, harassing, etc.) 

e. May NOT be used to search for individuals involved in an adoption (children, parents, siblings, etc.) 

f. May NOT be used to locate personal information on well known/high profile celebrities, government officials, etc. 

g. May NOT be used in connection with credit repair services, to locate previous debtors or to assist in the determination of whether or not to file a personal 

lawsuit or judgment against the subject of the report. 

h. May NOT be used to access individual reference data on ones self or out of personal curiosity. 

i. May NOT be used by Professional and Commercial users for purposes that are not within their normal course of business (e.g. A collection agency may NOT 

use our services/products to locate a witness to a crime) 

ACCESS SECURITY REQUIREMENTS: We recognize and accept our obligation to support and implement policies that protect the confidential nature of information 

we provide through our services (which include providing access to information contained in the databases of the three national credit bureaus) and to ensure respect 

for consumer’s rights to privacy. Therefore, we provide our services only to pre-approved companies that have an acceptable use for credit headers and credit 

header information. 

We strive to achieve and to enforce the highest levels of legal and ethical conduct in the use of credit header information. We seek to tailor our credit 

header products, and to limit access to them, in a fair and balanced manner, one that respects both legitimate needs for information and legitimate privacy concerns. 

We provide the following notice to you so that you may avoid falling under the restrictions imposed by the Fair Credit Reporting Act (FCRA). 

You may only use credit header information to locate or to further identify the subject of that credit header information. You may not and should not use 

credit header information, in whole or in part, to determine a consumer’s eligibility for credit, for employment, or for insurance, nor may you use credit header 

information for any other purpose for which you might properly obtain a consumer report, except in connection with collection of a debt. If adverse action is to be 

taken against the subject of a credit header report and the basis for such adverse action is information obtained or derived from credit header information, you must 

verify such information from another source before taking such adverse action. 

We require all third-party users to take strict precautions to secure any system or device used to access credit header information. To that end, we have 

established the following requirements: 

a. You must appoint and identify a Security Designate who will have responsibility within your company to oversee the stipulations 

listed below. 

Name: Title: 

(Type or Print) (Type or Print) 

b. You consider and treat your account number and password as “sensitive information.” You must protect your account number and password in a way that 

assures that only key personnel have access to and knowledge of this sensitive information. Under no circumstances should you give unauthorized 

persons information concerning your account number or password. You must notify Tracers immediately so that new passwords can be issued when: 

those company personnel who have access to Tracers’ data are terminated from employment, transferred and/or job duties have been reassigned where 

access to data is no longer required; or you become aware of suspect or questionable activity regarding access to Tracers’ data; or you become aware of 

any potential compromise of your systems that may expose Tracers’ data to security vulnerabilities. 

c. The system access software you use (whether developed by you or purchased from a third-party vendor) must “hide” or “embed” your account number 

and password so that only supervisory personnel know your account number and password. You must assign each end user of your system access 

software unique passwords. 

d. Your must not discuss your account number and password over the telephone with any unknown caller, even if the caller claims to be our employee. 

e. You must restrict the ability to obtain credit header information to a few key personnel. 

f. Credit header information obtained through our service CANNOT be sold to the general public, in whole or in part, under any circumstances. 

g. Credit header information you obtain through our service must be obtained in a manner consistent with the principles of the Fair Information Practice 

Codes described by the Federal Trade Commission (http://www.ftc.gov/reports/privacy3/fairinfo.htm ) and must be used pursuant to an exception as 

defined by the Gramm-Leach-Bliley Act and/or a permissible purpose as defined by the federal Fair Credit Reporting Act. 

3. DEATH MASTER FILE: Subscriber shall not disclose any information contained in the DMF (Death Master File) with respect to any deceased individual to any 

person who uses the information for any purpose other than a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, 

governmental rule, regulation, or fiduciary duty. 

Subscriber acknowledges that failure to comply with the provisions above may subject the Subscriber to penalties under Title 15 CFR §1110.200 (Code of 

Federal Regulations) of $1,000 for each disclosure or use, up to a maximum of $250,000 in penalties per calendar year. 

4. PERFORMANCE: Tracers will exercise its best efforts to deliver accurate, up-to-date information in response to Subscriber’s requests in an expeditious and 

efficient manner, and will use its best efforts to regularly maintain and augment its information gathered from its suppliers and from selected public records and 

to make reasonable efforts to verify that its sources of information are accurate to the greatest extent possible, but obligation or liability to Subscriber for any 

delay or failure of Tracers in its performance under this agreement is limited to the terms set forth herein. 

5. LIMITATION OF LIABILITY: Subscriber and Tracers agree that the limitation of Tracers’ liability to Subscriber will be the return of the fee paid by Subscriber to 

Tracers for the data accessed to the extent said data and information is found to be the sole basis upon which Subscriber incurred any injury or damage 
 

 

 

 

 

 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 8 of 10 PageID 91 

resulting from furnishing of such information by Tracers. In no event will Tracers be liable to Subscriber for any other damage, consequential damages, 

omissions, or any other costs and expenses whatsoever except as expressly agreed to here and above. Additionally, Subscriber hereby holds harmless all 

directors, officers, employees, agents, or suppliers of Tracers for any injury or damages as a result of Tracers furnishing such data or information to Subscriber 

as set forth here and above. 

6. INDEMNIFICATION: Subscriber acknowledges that the data it obtains from Tracers is compiled by Tracers from numerous suppliers and that Subscriber has 

been allowed access to the data because of its representations of its authorized use of this data. Subscriber shall indemnify, defend and hold harmless Tracers 

and its suppliers from and against any and all liabilities, damages, losses, claims, costs, fees and expenses (including attorney fees) arising out of or related to 

Subscriber’s use of the data obtained from Tracers. Tracers and its suppliers are entitled to enforce the data security, use, legal compliance, and 

indemnification provisions of this and all other Agreements by and between Subscriber and Tracers directly against the Subscriber as third party beneficiaries. 

If Subscriber knowingly and willfully obtains information for an improper purpose or without the proper consent under the FCRA, GLB or any other applicable 

law, or knowingly and willfully uses the report improperly, Subscriber agrees that such are material breaches of this Agreement and such a breach may result in 

immediate termination of this Agreement and could result in material damage claims by the provider, Tracers, on the subscriber. 

7. CONTRACT IN ENTIRETY: This agreement sets forth the entire understanding and agreement between Tracers and Subscriber and supersedes any prior or 

contemporaneous oral or written agreements or representations; it may be modified only be a written amendment duly executed by both parties. This 

Agreement shall be interpreted in accordance with the laws of the State of Florida. 

8. SURVIVAL OF AGREEMENT: Provisions hereof related to release of claims, indemnification, use of information and data, payment for Tracers services and 

disclaimer of warranties shall survive any termination of the license to use the services provided by Tracers. 

9. RELATIONSHIP OF PARTIES: Subscriber shall at no time represent that it is an agent or representative of Tracers. 

10. CHARGES AND PAYMENT REQUIREMENTS: Access to Services is offered only to companies and individuals upon completion of Application for Services, 

signing of this Agreement and verification by Tracers of all information supplied. For all responses to requests for information (including “no record” responses), 

Subscriber agrees to pay Tracers the applicable charges then prevailing for the various services rendered to Subscriber, and any monthly membership fees. 

Prevailing charges will be specified in Tracers’ published Price Lists and/or individual price quotes. Tracers reserves the right to change its fees and prices in 

the pricing schedule at any time in the term by giving Subscriber advance notice. 

11. PAST DUE ACCOUNTS: At the option of Tracers, payments not received fifteen (15) after the date of the invoice will cause Subscriber’s account to be placed 

on HOLD, with no additional requests being processed until the balance due is paid in full. Past due balances will be charged 1.5% per month service charge. 

Accounts that become 30 days or older will be billed directly to Subscriber’s credit card. Subscriber and/or authorized parties further agree to pay any and all 

costs of collection on unpaid balances, including but not limited to reasonable attorney fees, court costs, and expenditures related thereto. 

12. GOVERNING LAW, VENUE and ATTORNEY’S FEES: This Agreement will be governed by and construed in accordance with the internal substantive laws of 

the State of Florida, which are intended to supersede any choice of laws or rules that might require the application of the laws of another jurisdiction. Both 

parties hereby consent to the jurisdiction of the courts of Florida, whether federal, state or local, with respect to actions brought to enforce or interpret this 

Agreement. Venue for all actions shall be in the state of Florida. The prevailing party in any arbitration, or permitted legal or equitable action, shall be entitled 

to an award of its reasonable attorneys’ fees and costs in enforcing its rights under this agreement. 

13. VIOLATIONS: Any violation of state or federal law shall result in immediate irrevocable termination upon conviction, with time having run out for appeal. 

However, Tracers may suspend services upon finding by the court or a jury verdict. 

14. DEFINITION OF RESPONSIBLE PARTY: “Responsible Party” shall be defined as those persons who have access to the client account issued by Tracers to 

facilitate inquiries into information systems and databases provided by Tracers, including passwords necessary for computer access should such access be 

granted to Subscriber by Tracers. “Responsible Party” also includes the persons whose names and/or signatures appear upon said Agreement and New 

Account Application (attached), including owner, partner, president, vice president, secretary, treasurer, qualified manager, licensees, or other authorized 

agents of said Subscriber entity. In the event of unauthorized access into the information systems and databases provided by Tracers, Subscriber and its 

responsible parties shall bear full responsibility for any unauthorized or unwarranted inquiries, including payment for said inquiries as set forth in Section 9 and 

10 of this Agreement. 

15. TERMS: This agreement shall continue in force without any fixed date of termination; however, either Tracers or Subscriber may terminate the Agreement 

upon fifteen (15) days prior written notice to the other or by Subscriber violating rules of membership. Subscriber must include payment in full along with 

cancellation letter. Non-payment or breach of this Agreement may cause immediate revocation of privileges without prior notice by Tracers. 

16. ASSIGNMENT: The license granted pursuant to this agreement to Subscriber may not be assigned by Subscriber, in whole or in part without the prior written 

consent of Tracers. 

17. SIGNING OF THIS AGREEMENT and completion of the New Account Application in its entirety shall indicate that all statements and information as provided by 

Subscriber are, to the best of Subscriber’s knowledge, true and correct. Subscriber further agrees that the intended use of all information, as provided under 

this contract through Tracers, will be utilized within the legal purposes as set forth in the Agreement, as Tracers assumes no liability, directly or indirectly, for the 

misuse of said information by Subscriber. 

In connection with my application, I understand that Inquiries may be made into the background of the company, and (if the business is a 

sole proprietorship) myself, and that such inquires may include but are not limited to identity verification, professional licensing 

verification, credit history, banking references, domain registration, and other information. I authorize without reservation any company, 

agency, party, or other source to furnish the above information as requested by Tracers Information Specialists in connection with my 

application for services on this date and periodic account reviews in the future. 

Page 5 of 7 Primary Authorized Signer Please Initial Here: ______________ 
 

 

 

 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 9 of 10 PageID 92 

IN WITNESS WHEREOF, TRACERS INFORMATION SPECIALISTS, INC. and Subscriber have caused this Agreement to be executed by their 

duly authorized representatives as of the date first written below. 

Typed or Printed Company Name Typed or Printed Name of Authorized Signer 

* 

Company Address Authorized Signature 

Tax ID or Social Security Number Date 
       

                                                                                                                                                                                                             

 

 

 

 

 

 

 

 

TRACERS INFORMATION SPECIALISTS, INC. 

AFFIDAVIT OF INTENDED USE 

Case 8:16-mc-00018-VMC-TGW Document 1-11 Filed 02/12/16 Page 10 of 10 PageID 93 

ACCESS REQUIREMENTS 

In compliance with the Driver’s Privacy Protection Act, you MUST: 

 Supply the full legal name and complete physical address of your company. No Post Office Boxes will be 

accepted. 

 Immediately provide a new Affidavit of Intended Use should the name or address of your company change 

 Certify the purpose for which each department of motor vehicle record sought 

 Certify that the record information will be used for no other purpose or purposes 

 Be explicit and specific in your certification regarding those uses. 

 Immediately file a new affidavit with Tracers Information Specialists, Inc. certifying the new purpose or purposes 

for which the information is sought if the use or uses to which we will put those reports should change. 

USES OF DATA 

My company will be requesting records for the permitted use(s) checked below only and for no other reason(s). 

I understand that regardless of the intended use, Department of Motor Vehicle Reports (MVRs) may not be sold to the 

general public or over the internet. 

 With written consent of individual  Law Enforcement 

 In connection with a court proceeding  Investigation for Litigation 

 Insurance underwriting, rating, claims or antifraud  Operation of private toll facilities 

 For government function  For matters of vehicle or driver safety 

 To verify or correct information provided  Provide owner notice of towed/ impounded vehicle 

 Parking  Verify Fraud/Debt (Plate) 

 Verify Fraud/Debt 

CERTIFCATION 

I (we) have read and understand the Federal Driver Privacy Protection Act (DPPA) and I understand the legal 

uses of personal information defined by the Act and summarized in the list above. I certify that the business use(s) of 

the information provided by Tracers indicated above are allowable under the DPPA. This certification shall apply to 

every one of my (our) dealings with Tracers and Tracers' related companies. Prior to reselling any data obtained from 

Tracers, I certify that we will acquire and maintain on file an affidavit from each of our clients obtaining an MVR. 

I understand that access to Department of Motor Vehicle records may be subject to additional restriction due 

to increasingly stringent requirements in Federal and State legislation, and that while Tracers will make a reasonable 

effort to make prior notification of such changes in access requirements, access is subject to change without prior 

notice. 

Tracers does not provide the MVR’s for any use under the Fair Credit Reporting Act (FCRA). I understand 

that should my use of the MVR’s be subject to any provisions of the FCRA that any and all obligations under the 

FCRA are my responsibility and I indemnify and hold Tracers harmless against any FCRA claims made based on my 

use of the MVR’s. 

The affidavit must be signed by an officer of the corporation or owner of the firm who has the authority to certify 

the company’s or firm’s compliance. 

Typed or Printed Company Name Typed or Printed Name of Authorized Signer 

Company Address Authorized Signature 

Tax ID or Social Security Number Date 

Scan and email to credentialing@tracersinfo.com

Or fax to: (877) 820‐8125 Tracers AOIU022016
Case 8:16-mc-00018-VMC-TGW Document 1-12 Filed 02/12/16 Page 1 of 5 PageID 94 

PETITION EXHIBIT 11 

Letter from Ben Rossen, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar, 

Buchanan Ingersoll Rooney PC 

(Dec. 1, 2015) 
United States of America 

FEDERAL TRADE COMMISSION 

WASHINGTON, DC 20580 

Bureau of Consumer Protection 

Division of Privacy and Identity Protection 

December 1, 2015 

By Electronic Mail 

Richard G. Salazar, Esq. 

Buchanan Ingersoll Rooney PC 

501 E. Kennedy Blvd. 

Suite 1700 

Tampa, FL 33602 

Re: Civil Investigative Demand to Tracers Information Specialists, Inc. ("Tracers") 

Dear Mr. Salazar: 

I am writing about Tracers' November 23, 2015 responses and objections (the 

"Responses and Objections") to the Civil Investigative Demand ("CID") issued on August 20, 

2015. According to the CID, Tracers was required to produce all documents and to answer all 

interrogatories on or before September 23, 2015. Subsequently, we twice extended the deadlines 

by thirty days, at Tracers' request, postponing the deadline for compliance until November 23, 

2015. We extended these deadlines after Tracers had committed to respond to the modified CID 

and produce documents on a rolling basis, as memorialized in letters dated September 18, 

September 28, and October 23. 

On November 19, 2015, you informed us for the first time that Tracers intended to object 

to certain interrogatories and document requests and to withhold production of documents 

pursuant to its objections. These objections, set forth in more detail below, are both untimely and 

unpersuasive, and they do not excuse noncompliance with the CID's specifications. 

Accordingly, staff is evaluating whether to recommend that this matter be referred to the 

Commission's Office of General Counsel for enforcement. This letter sets forth the deadlines 

Tracers must meet in order to demonstrate that it intends to cooperate in good faith and cure its 

noncompliance. 

Tracers objects to Interrogatories 8-10, 13, 18, 19, 26, and 27, and Document Requests 

3(b), 4(a), and 6-8 on the grounds that they request trade secrets or confidential information, and 

that Tracers' contracts with data providers may contain confidentiality provisions that prevent 

disclosure. Tracers further objects to Document Request 3(b), as modified, and Interrogatory 18, 

on the ground that they are "unduly burdensome and oppressive," and similarly objects to 

Interrogatory 12, as modified, and Interrogatory 8(b) on grounds of burden. Tracers objects to 

Interrogatory 7 as vague. Finally, Tracers objects to Interrogatories 26 and 27 and Document 

Requests 7-8, which seeks information about Tracers' revenues and costs, as "irrelevant and not 

reasonably related to the scope of this matter as outlined in the Resolution." 

Case 8:16-mc-00018-VMC-TGW Document 1-12 Filed 02/12/16 Page 2 of 5 PageID 95 
Richard G. Salazar, Esq. 

December 1, 2015 

Page 2 of 4 

As an initial matter, Tracers' objections are untimely. Under Commission rules, Tracers 

was required to file any objection to limit or quash the CID with the Secretary of the 

Commission no later than twenty days after service of the CID. See 16 C.F.R. § 2.10( a)( 1 ). 

Moreover, Tracers' failure to raise any relevance, vagueness, or confidentiality objections at the 

September 16 meet and confer is a further bar to these objections now. As memorialized in our 

letter of September 28, Tracers only raised objections to certain Interrogatories and Document 

Requests as overly burdensome, all of which we subsequently modified. 1 

The Responses and Objections also fail to raise valid objections. First, the fact that a CID 

requires production of confidential or sensitive information is no basis for noncompliance. See 

FTC v. Invention Submission Corp., 1991 WL 47104 at *4-5 (D.D.C. Feb. 14, 1991), aff'd, 965 

F.2d 1086, 1089 (D.C. Cir. 1992). The FTC is not required to obtain waivers of a recipient's 

confidentiality agreements in order to obtain confidential information. The FTC routinely obtains 

sensitive information and has statutory and regulatory confidentiality protections for information 

produced pursuant to CID. 15 U.S.C. § 57b-2; 16 C.F.R. § 4.10. 

Tracers' relevance objections to Interrogatories 26 and 27 and Document Requests 7 and 

8, which request information related to Tracers' costs, revenues and profits, are similarly without 

merit. These specifications plainly fall within the scope of FTC Resolution Nos. 992-3120 and 

P954807, which authorize the use of compulsory process in FCRA and privacy/data security 

investigations, respectively. Both resolutions specifically authorize investigations to determine 

whether Commission action to obtain redress of injury to consumers or others would be in the 

public interest. See, e.g., FTC v. Texaco, Inc., 555 F.2d 862,874 (D.C. Cir. 1977) (recognizing 

an agency in a pre-complaint investigation is under no obligation to propound discovery for a 

narrowly focused theory of a possible future case). 

Finally, Tracers asserts that Document Request 3(b) and Interrogatories 8(b), 12, and 18 

are unreasonably burdensome. These objections are unwarranted, and are particularly surprising 

in light of our extensive negotiations over the scope of Document Request 3(b) during the past 

three months. As originally propounded, Document Request 3 requested "[a]ll documents 

related to the auditing, investigation, vetting, review, or verification of any Customer, person, or 

entity with which Tracers had any business relationship relating to the use, purchase, sale, 

transfer, acquisition, or possession of Personal Information." We considered how Tracers stores 

its information and worked with you to narrow this request. In our letter of September 28, we 

modified Document Request 3 as follows: 

• Document Request 3(a): "All documents related to Tracers' policies and procedures 

for auditing, investigation, vetting, review, or verification of Customers, persons or 

entities with which Tracers has had any business relationship relating to the use, 

purchase, sale, transfer, acquisition, or possession of Personal Information from 2010 

1 As set forth in our letter of September 28, Tracers also inquired about the confidentiality of 

information produced in response to the CID. Tracers did not, however, raise any specific 

objections to the CID on the grounds confidentiality or trade secrets. 

Page 2 of 4 

Case 8:16-mc-00018-VMC-TGW Document 1-12 Filed 02/12/16 Page 3 of 5 PageID 96 
Richard G. Salazar, Esq. 

December 1, 2015 

Page 3 of 4 

to present." 

• Document Request 3(b): "A representative random sample of documents related to 

the auditing, investigation, vetting, review or verification of any Customer, person or 

entity with which Tracers had any business relationship relating to the use, purchase, 

sale, transfer, acquisition, or possession of Personal Information since January 1, 

2010." 

In order to establish procedures for the representative random sample sought in 

Document Request 3(b ), Tracers produced information about the volume and organization of 

documents responsive to the request. You subsequently informed us that a random sample 

would address Tracers' concerns about burden. We then requested Tracers provide us a list of 

unique identifiers for each of the "over 6,000" entities that have completed an application for 

access to Tracers' services and the "over 800" entities that have been subjected to a customer 

audit during the applicable time period. Tracers timely provided this information and on we 

accordingly drew a random sample comprising 357 customer applications and 257 customer 

audits, to be produced on a rolling basis by November 23, 2015. 

In light of this history, there is no basis upon which to contend that Document Request 

3(b) is unduly burdensome because it threatens to "seriously hinder or unduly disrupt" Tracers' 

normal business operations. See FTC v. Texaco, Inc., 555 F.2d at 882. Nor is there any 

justification to object to Interrogatories 12 and 18, which seek only the number of entities that 

have been denied some access to Tracers' products and services, and the identities of the 

customers that have had their access to certain of Tracers' services terminated after having been 

audited by Tracers. Lastly, there is no justification for objecting to Interrogatory 8(b) on the basis 

of burden, as it seeks only information about how many individual consumers for whom Tracers 

obtains information from each source. 

Tracers' deficient responses, as set forth above, place Tracers in default of its obligations 

to fully comply with the CID by the extended deadline of November 23, 2015. Because we have 

previously granted two thirty-day extensions, we decline to provide any further extensions of 

time. However, in light of your prior productions that were in cooperation with this 

investigation, we will forbear from recommending that this matter be immediately referred to the 

Office of General Counsel for enforcement in federal district court, provided that Tracers does 

the following: 

• Provides complete, substantive responses to all interrogatories by Tuesday 

December 8, 2015; 

• Produces all documents responsive to Document Requests 4(a), 6, 7, and 8 by 

Monday, December 14, 2015; and 

• Produces all documents responsive to Document Request 3(b) by Monday, 

December 28, 2015. 

If any one of the above-noted deadlines is not met, we will recommend that this matter be 

refer to the Office of General Counsel for judicial enforcement. 

Page 3 of 4 

Case 8:16-mc-00018-VMC-TGW Document 1-12 Filed 02/12/16 Page 4 of 5 PageID 97 
Richard G. Salazar, Esq. 

December 1, 2015 

Page 4 of 4 

This letter does not constitute a further extension of the deadline to respond to the CID, 

nor does it further modify any of the terms or specifications in the CID. 

en Rossen 

Attorney 

Division of Privacy and Identity Protection 

cc: Carrie G. Amezcua, Esq. 

Megan Cox, Esq. 

Page 4 of 4 

Case 8:16-mc-00018-VMC-TGW Document 1-12 Filed 02/12/16 Page 5 of 5 PageID 98 
Case 8:16-mc-00018-VMC-TGW Document 1-13 Filed 02/12/16 Page 1 of 2 PageID 99 

PETITION EXHIBIT 12 

Letter from Maneesha Mithal, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar, 

Buchanan Ingersoll Rooney PC 

(Dec. 4, 2015) 
UNITED ST A TES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

Bureau of Consumer Protection 

Division of Privacy and Identity Protection 

December 4, 2015 

By Electronic Mail 

Richard G. Salazar, Esq. 

Buchanan Ingersoll Rooney PC 

501 E. Kennedy Blvd. 

Suite 1700 

Tampa, FL 33602 

Re: Civil Investigative Demand to Tracers Information Specialists, Inc. 

Dear Mr. Salazar: 

I am writing in connection with my letter of September 18, 2015, in which I granted an 

extension of time to produce documents and interrogatories in response to the Commission's 

August 20, 2015, Civil Investigative Demand ("CID") to your client, Tracers Information 

Specialists, Inc. ("Tracers") and moved the date and time for oral testimony to Thursday, 

December 10, 2015. 

In light of your client's responses and objections to the CID, produced on November 23, 

2015, and staffs letter of December 1, 2015, I am moving the date and time for oral testimony to 

provide your client time to cure its noncompliance with the CID. Although we reserve all rights 

of the Commission to enforce the CID as originally propounded, I hereby move the date for the 

investigational hearing to Thursday, January 21, 2016. No other modifications of dates and 

terms set forth in the CID are intended or offered. 

If you have any further questions or concerns regarding the CID, please contact Megan 

Cox at (202) 326-2282, or Ben Rossen at (202) 326-3679. 

Sincerely, 

~)/JU 

Maneesha Mithal 

Associate Director 

Division of Privacy and Identity Protection 

cc: Carrie G. Amezcua, Esq. 

Case 8:16-mc-00018-VMC-TGW Document 1-13 Filed 02/12/16 Page 2 of 2 PageID 100 
Case 8:16-mc-00018-VMC-TGW Document 1-14 Filed 02/12/16 Page 1 of 2 PageID 101 

PETITION EXHIBIT 13 

Letter from Maneesha Mithal, FTC 

Division of Privacy and Identity Protection, 

to Richard G. Salazar, 

Buchanan Ingersoll Rooney PC 

(Jan. 15, 2016) 
UNITED ST A TES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

Bureau of Consumer Protection 

Division of Privacy and Identity Protection 

January 15, 2016 

By Electronic Mail 

Richard G. Salazar, Esq. 

Buchanan Ingersoll Rooney PC 

501 E. Kennedy Blvd. 

Suite 1700 

Tampa, FL 33602 

Re: Civil Investigative Demand to Tracers Information Specialists, Inc. 

Dear Mr. Salazar: 

I am writing in connection with my letter of December 4, 2015, in which I moved the 

date and time for oral testimony required by the Commission's August 20, 2015, Civil 

Investigative Demand ("CID") to your client, Tracers Information Specialists, Inc. ("Tracers") to 

Thursday, January 21, 2016. 

In light of your client's continued objections to the CID, I am moving the date and time 

for oral testimony pending enforcement of the CID. Although we reserve all rights of the 

Commission to enforce the CID as originally propounded, I hereby move the date for the 

investigational hearing to Thursday, March 17, 2016. No other modifications of dates and terms 

set forth in the CID are intended or offered. 

If you have any further questions or concerns regarding the CID, please contact Megan 

Cox at (202) 326-2282, or Ben Rossen at (202) 326-3679. 

Sincerely, 

~tk~ 

Maneesha Mithal \+.,\JcJ 

Associate Director 

Division of Privacy and Identity Protection 

cc: Carrie G. Amezcua, Esq. 

Case 8:16-mc-00018-VMC-TGW Document 1-14 Filed 02/12/16 Page 2 of 2 PageID 102 
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

) 

FEDERAL TRADE COMMISSION, ) 

Petitioner, 

v. 

TRACERS INFORMATION 

SPECIALISTS, INC. 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Misc. No. -------

(PROPOSED) ORDER TO SHOW CAUSE WHY 

RESPONDENT TRACERS INFORMATION SPECIALISTS, INC. 

SHOULD NOT COMPLY WITH FEDERAL TRADE COMMISSION 

ADMINISTRATIVE INVESTIGATIVE PROCESS 

Pursuant to the authority conferred by Sections 16 and 20 of the Federal Trade 

Commission Act, 15 U.S.C. §§ 56 and 57b-l, Petitioner, the Federal Trade Commission 

(FTC), has invoked the aid of this Court for an order requiring Respondent, Tracers 

Information Specialists, Inc. (Tracers), to comply in full with the August 20, 2015 civil 

investigative demand (CID) issued in aid of an FTC investigation (FTC File No. 

1523218). 

The Court has considered the Commission's Petition for an Order to Enforce 

Administrative Investigative Process and the papers filed in support thereof; and it 

appears to the Court that Petitioner has shown good cause for the entry of this Order. It is 

by this Court hereby 

Case 8:16-mc-00018-VMC-TGW Document 1-15 Filed 02/12/16 Page 1 of 4 PageID 103 
ORDERED that Respondent Tracers appear at __ a.m./p.m. on the __ day 

of ____ _, 2016, in Courtroom No. ____ of the United States Courthouse for 

the Middle District of Florida, 801 North Florida A venue, in Tampa, Florida, and show 

cause, if any there be, why this Court should not grant said Petition and enter an Order 

enforcing the CID and directing it to produce the documents and information requested 

by the CID within ten (10) days of the receipt of the Court's enforcement order, or at 

such later time as may be directed by the FTC, and thereafter appear and give testimony 

to the FTC. Unless the Court determines otherwise, notwithstanding the filing or 

pendency of any procedural or other motions, all issues raised by the Petition and 

supporting papers, and any opposition to the Petition, will be considered at the hearing on 

the Petition, and the allegations of said Petition shall be deemed admitted unless 

controverted by a specific factual showing. 

IT IS FURTHER ORDERED that, if Respondent believes it necessary for the 

Court to hear live testimony, it must file an affidavit reflecting such testimony (or if a 

proposed witness is not available to provide such an affidavit, a specific description of 

the witness's proposed testimony) and explain why Respondent believes live testimony is 

required. 

IT IS FURTHER ORDERED that, if Respondent intends to file pleadings, 

affidavits, exhibits, motions or other papers in opposition to said Petition or to the entry 

of the Order requested therein, such papers must be filed with the Court and received by 

Petitioner's counsel by ____ a.m./p.m. on _________ , 2016. Such 

submission shall include, in the case of any affidavits or exhibits not previously 

Case 8:16-mc-00018-VMC-TGW Document 1-15 Filed 02/12/16 Page 2 of 4 PageID 104 
submitted, or objections not previously made to the Federal Trade Commission, an 

explanation as to why such objections were not made or such papers or information not 

submitted to the Commission. Any reply by Petitioner shall be filed with the Court and 

received by Respondents by ____ a.m./p.m. on __________ _ 

2016. 

IT IS FURTHER ORDERED, pursuant to Fed. R. Civ. P. 26(a)(l)(B)(v) and 

81(a)(5), that this is a summary proceeding and that no party shall be entitled to discovery 

without further order of the Court upon a specific showing of need; and that the dates for 

a hearing and the filing of papers established by this Order shall not be altered without 

prior order of the Court upon good cause shown; and 

IT IS FURTHER ORDERED, pursuant to Fed. R. Civ. P. 81(a)(5), that a certified 

copy of this Order and copies of said Petition and Memorandum in support thereof filed 

herein, be served forthwith by Petitioner upon Respondent or its counsel by personal 

service, or by certified or registered mail with return receipt requested, or by overnight 

express delivery service. 

SO ORDERED: 

United States Magistrate Judge 

Dated: _______ , Tampa, Florida 

Case 8:16-mc-00018-VMC-TGW Document 1-15 Filed 02/12/16 Page 3 of 4 PageID 105 
PRESENTED BY: JONATHAN E. NUECHTERLEIN 

General Counsel 

DA YID C. SHONKA 

Principal Deputy General Counsel 

LESLIE RICE MELMAN 

Of Counsel: Assistant General Counsel for Litigation 

MEGAN COX BRADLEY GROSSMAN, Litigation Counsel 

BENJAMIN ROSSEN Office of the General Counsel 

Division of Privacy and Federal Trade Commission 

Identity Protection 600 Pennsylvania Ave., N.W. 

Washington, D.C. 20580 

(202) 326-2994 

Dated: February 12, 2016 (202) 326-2477 (fax) 

bgrossman@ftc.gov 

Case 8:16-mc-00018-VMC-TGW Document 1-15 Filed 02/12/16 Page 4 of 4 PageID 106 
Case 8:16-mc-00018-VMC-TGW Document 1-16 Filed 02/12/16 Page 1 of 3 PageID 107 

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

) 

FEDERAL TRADE COMMISSION, ) 

) 

Petitioner, ) 

) Misc. No. ________________ 

v. ) 

) 

TRACERS INFORMATION ) 

SPECIALISTS, INC. ) 

) 

Respondent. ) 

) 

(PROPOSED) ORDER FOR TRACERS INFORMATION SPECIALISTS, INC. 

TO COMPLY IN FULL WITH FEDERAL TRADE COMMISSION 

ADMINISTRATIVE INVESTIGATIVE PROCESS 

Pursuant to the authority conferred by Sections 16 and 20 of the Federal Trade 

Commission Act, 15 U.S.C. §§ 56 and 57b-1, Petitioner, the Federal Trade Commission, 

has invoked the aid of this Court for an order requiring Respondent, Tracers Information 

Specialists, Inc., to comply in full with the August 20, 2015 civil investigative demand 

issued to it in aid of a law enforcement investigation being conducted by the Commission 

(FTC File No. 1523218). 

The Court has considered the Commission’s Petition for an Order Enforcing 

Administrative Investigative Process and the papers and arguments in support of and in 

opposition thereto. It is by this Court hereby 
 

 

Case 8:16-mc-00018-VMC-TGW Document 1-16 Filed 02/12/16 Page 2 of 3 PageID 108 

ORDERED that Respondent, Tracers Information Specialists, Inc., comply in full 

with the Commission’s Civil Investigative Demand by producing all responsive 

documents and information in compliance with the CID within ten (10) days of the 

receipt of the Court’s enforcement order, or at such later time as may be directed by the 

FTC, and thereafter appear and give testimony at such time as is set by the FTC. 

IT IS FURTHER ORDERED that a certified copy of this Order be served 

forthwith by Petitioner upon Respondent or its counsel by personal service, or by 

certified or registered mail with return receipt requested, or by overnight express delivery 

service. 

SO ORDERED: 

 ___________________________________ 

United States Magistrate Judge 

Dated: ______________, Tampa, Florida 
 

Case 8:16-mc-00018-VMC-TGW Document 1-16 Filed 02/12/16 Page 3 of 3 PageID 109 

PRESENTED BY: 

Of Counsel: 

MEGAN COX 

BENJAMIN ROSSEN 

Division of Privacy and 

Identity Protection 

Dated: February 12, 2016 

JONATHAN E. NUECHTERLEIN 

General Counsel 

DAVID C. SHONKA 

Principal Deputy General Counsel 

LESLIE RICE MELMAN 

Assistant General Counsel for Litigation 

BRADLEY GROSSMAN, Litigation Counsel 

Office of the General Counsel 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. 

Washington, D.C. 20580 

(202) 326-2994 

(202) 326-2477 (fax) 

bgrossman@ftc.gov