The case is the latest in a series targeting telephone "pretexters," which are individuals who use false pretenses to obtain consumers’ confidential information. Since 2006 the FTC has charged 16 individuals and their corporations with violating federal law by pretexting. All have been banned from the practice and have been ordered to forfeit their profits.

The FTC alleged that Action Research Group and its principals, Joseph and Matthew DePantes, sold confidential customer phone records, including lists of calls made and the dates, times, and duration of the calls, to third parties. To get the records, they relied on the other defendants, Eye in the Sky Investigations, Cassandra Selvage and Bryan Wagner, who obtained them from phone companies through pretexting. The DePantes and ARG agreed to settle the FTC charges and ESI, Selvage, and Wagner are subject to default judgments entered by the court.