Remsburg V Docusearch, Inc.

86 A.2d 1001 (2003)

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Nature of the Case

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Facts

Daniel Cohn and Kenneth Zeiss each own 50% of D's stock. Cohn serves as president and Zeiss serves as a director. Cohn is licensed as a private investigator by both the State of Florida and Palm Beach County, Florida. Liam Youens contacted D through its Internet website and requested the date of birth for Amy Lynn Boyer, another New Hampshire resident. Youens provided Docusearch his name, New Hampshire address, and a contact telephone number. He paid the $20 fee by credit card. Zeiss placed a telephone call to Youens in New Hampshire on the same day. Zeiss cannot recall the reason for the phone call but speculates that it was to verify the order. The next day, July 30, 1999, D provided Youens with the birth dates for several Amy Boyers, but none was for the Amy Boyer sought by Youens. Youens e-mailed D inquiring whether it would be possible to get better results using Boyer's home address, which he provided. Youens gave D a different contact phone number. That same day, Youens again contacted D and placed an order for Boyer's social security number (SSN), paying the $45 fee by credit card. On August 2, 1999, D obtained Boyer's social security number from a credit reporting agency as a part of a 'credit header' and provided it to Youens. The next day, Youens placed an order with D for Boyer's employment information, paying the $109 fee by credit card, and giving D the same phone number he had provided originally. Zeiss placed a phone call to Youens on August 6, 1999. No record exists concerning its topic or whether Zeiss was able to speak with Youens. On August 20, 1999, Youens placed a second request for Boyer's employment information, again paying the $109 fee by credit card. On September 1, 1999, D refunded Youens' first payment of $109 because its efforts to fulfill his first request for Boyer's employment information had failed. Youens placed another order for information with on September 6, 1999. This time, he requested a 'locate by social security number' search for Boyer. Youens paid the $30 fee by credit card and received the results of the search - Boyer's home address - on September 7, 1999. On September 8, 1999, D informed Youens of Boyer's employment address. D acquired this address through a subcontractor, Michele Gambino, who had obtained the information by placing a 'pretext' telephone call to Boyer in New Hampshire. Gambino lied about who she was and the purpose of her call in order to convince Boyer to reveal her employment information. On October 15, 1999, Youens drove to Boyer's workplace and fatally shot her as she left work. Youens then shot and killed himself. It was discovered that Youens maintained a website containing references to stalking and killing Boyer as well as other information and statements related to violence and killing. Remsburg (P) sued D.