November 17, 2008 -- Attorney General Steve Six today sued The Recall Center, a Utah corporation, for misusing Kansans' personal information for financial benefit. The Kansas Department of Revenue assisted in the investigation.
"I am pleased to work with the Department of Revenue to protect Kansans' personal information from being used inappropriately," Six said. "Protecting Kansans' personal information and motor vehicle records from misuse is a priority for my office."
In January 2008, the Kansas Department of Revenue and the Information Network of Kansas entered into a contract with The Recall Center, a Utah corporation, and its owner, Mr. Keith Hayes. Pursuant to the contract, The Recall Center was permitted to purchase Kansas vehicle title and registration records, which could then be used for specific, legal purposes. Such permitted uses included:
- Assisting car manufacturers in notifying car owners of safety-related defects to be remedied at the car manufacturer's expense;
- Assisting authorized insurers in processing an application for liability insurance;
- Assisting the government or law enforcement in carrying out their official functions; and
- Assisting businesses in verifying information for the purpose of compiling vehicle history reports, so long as the vehicle history reports do not identify the name or address of any current or previous owner.
Six alleges that The Recall Center and Mr. Hayes sold tens of thousands of Kansas vehicle title and registration records in violation of the contract and Kansas law. The law prohibits any person from knowingly selling a list of names and addresses derived from public records for the purpose of offering for sale any property or service. Pursuant to the statute, The Recall Center and Keith Hayes are liable for the payment of a civil penalty of up to $500 for each violation.
Secretary of Revenue Joan Wagnon said, "The responsibility of protecting unauthorized use of motor vehicle records is one we take seriously. Kansas law prohibits the use of motor vehicle records for solicitation or marketing."