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F.T.C. v. ACCUSEARCH INC.

No. 08-8003.

570 F.3d 1187 (2009)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. ACCUSEARCH INC., d/b/a Abika.com; Jay Patel, Defendants-Appellants, Jennifer Stoddart, Privacy Commissioner of Canada, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 29, 2009.

Attorney(s) appearing for the Case

Deborah L. Roden (Gay Woodhouse with her on the briefs) of Gay Woodhouse Law Office, P.C., Cheyenne, WY, for Defendants-Appellants.

Lawrence DeMille-Wagman, Attorney, Federal Trade Commission, Washington, D.C., (William Blumenthal, General Counsel, John F. Daly, Deputy General Counsel for Litigation, Federal Trade Commission, Washington, D.C.; and Tracy S. Thorleifson, Kial S. Young, Federal Trade Commission, Seattle, WA, with her on the brief), for Plaintiff-Appellee.

Edward R. McNicholas, Sidley Austin LLP, Washington, DC, filed an amicus curiae brief for Jennifer Stoddart, Privacy Commissioner of Canada, in support of Plaintiff-Appellee.

Before HARTZ, TYMKOVICH, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

Abika.com is a website that has sold various personal data, including telephone records. The Federal Trade Commission (FTC) brought suit against the operator of the website, Accusearch Inc., and its president and owner, Jay Patel (collectively, Accusearch), to curtail Accusearch's sale of confidential information and to require it to disgorge its profits from the sale of information in telephone records. The FTC alleged that Accusearch's trade...

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