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FLORIDA RECORD

Tuesday, April 30, 2024

Prisoner says TracFone violated Stored Communications Act

Federal Court
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A federal prisoner claims TracFone Wireless violated the Stored Communications Act by disclosing customer information to a government entity without a valid search warrant.

Richard Boyle filed his complaint against TracFone Wireless Inc., Executive Vice President Richard Saltzman and Magen Menendez from the Subpoena Compliance Department.

Boyle claims that TracFone unlawfully divulged a record or other information related to a subscriber – specifically, the IP address of a TracFone activation – to a government entity. This alleged action is in violation of 18 U.S.C. § 2702(a)(3), which prohibits such disclosures except under specific circumstances.

He claims the violations took place in Miami. The complaint details an incident on July 5, 2016, when Pennsylvania Police Officer Jeffrey McGee obtained a Montgomery County search warrant for TracFone business records related to a specific phone number and served TracFone with the search warrant.

However, Boyle argues that the warrant expired five days before the unlawful disclosure of the business record on July 13, 2016.

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