Data Brokers' 'Opportunity Seeker' Lists Became Scammer Playbook, DOJ Cases Reveal

Marketing data, derived from actions like entering sweepstakes or responding to business offers, has been used to create lists that help scammers target potential victims, according to an examination of federal court records.

In a series of cases involving data broker Epsilon Data Management and others, individuals who responded to solicitations were labeled "opportunity seekers." This designation became particularly valuable when these lists reached individuals operating fraud schemes. The practice highlights how past consumer behavior can be repackaged and sold, increasing the vulnerability of individuals to targeted scams.

The 'Opportunity Seeker' Label

Federal court filings detail how data broker Epsilon Data Management categorized individuals who responded to certain solicitations as "opportunity seekers." The Department of Justice (DOJ) found that these lists were often utilized by clients engaged in deceptive practices, including fraudulent sweepstakes, astrology services, auto warranties, dietary supplements, and government grant offers. According to Epsilon's deferred prosecution agreement, the company's algorithms identified "responsive buyers" – individuals most likely to respond to specific offers. Epsilon's database, covering approximately 100 million U.S. households, meant that a past response could signal a potential future one, a tactic exploited by fraudsters.

The DOJ stated that these "opportunity seekers" frequently included older and vulnerable Americans. The court filings also revealed that clients sending these deceptive solicitations were referred to as "opportunistic."

Epsilon ultimately agreed to a $150 million settlement, including $22.5 million in criminal penalties and $127.5 million for victim compensation. Two former Epsilon employees, Robert Reger and David Lytle, were convicted. Reger received a 10-year prison sentence, and Lytle was sentenced to four years.

Broader Data Brokering Cases

The issue extended beyond Epsilon. KBM Group entered a deferred prosecution agreement that included a $33.5 million victim compensation payment and an $8.5 million criminal fine, for selling data tied to millions of Americans to clients involved in fraudulent mass-mailing schemes. Macromark, a direct-mail services company, pleaded guilty to conspiracy to commit mail and wire fraud, admitting its lists led to at least $9.5 million in losses. Wiland Inc. entered a non-prosecution agreement with the DOJ that involved $4.4 million in victim compensation for data sold to operators of fraudulent schemes.

By June 2025, the DOJ's Consumer Data Victim Compensation Fund had returned over $129 million to more than 100,000 victims nationwide.

Persistent Targeting Practices

Despite earlier cases, similar practices continued. In May 2026, Troy Murray of North Carolina was sentenced to 121 months in prison after pleading guilty to conspiracy to commit wire fraud. The DOJ stated that Murray collected and sold lists containing personal information, including names, phone numbers, home addresses, and sometimes ages and email addresses, of older Americans to individuals in Jamaica operating lottery fraud schemes. From 2016 to 2023, Murray allegedly sent scammers at least 22,000 lead lists detailing information on over 7 million older Americans. These lists typically sold for $500 for 100 to 300 names, generating over $5.2 million for Murray while victims lost more than $9.5 million.

Legitimate marketers continue to advertise lists based on consumer responses. For example, Geon Media advertises "Prime Opportunity Seekers - Buyers Only!" lists, while NextMark offers "Sweeps Winners Only." Exact Data lists include categories like "Sweepstakes Opportunity Purchasers." While these lists themselves are not inherently fraudulent, they demonstrate how past consumer behavior, such as responding to sweepstakes or purchasing business opportunities, can be used to predict future responses.

Protecting Personal Data

The FBI reported that individuals over 60 filed more than 201,000 complaints in 2025, reporting over $7.7 billion in losses. While the FBI does not directly link these losses to marketing lists, the DOJ cases illustrate how scammers leverage targeted lists to find individuals perceived as more likely to engage.

To mitigate risk, individuals can take several steps:

• Online Search: Regularly search for your name, phone number, and address online to identify and request removal from people-search sites.
• Sweepstakes Caution: Carefully review privacy policies and official rules before entering contests, as information may be shared with marketing partners.
• Minimize Data Sharing: Avoid providing optional information on entry forms and opt-out of prechecked marketing consent boxes.
• Separate Email: Use a dedicated email address for promotions and loyalty programs to filter marketing communications and make scam attempts more apparent.
• Prize Scams: Never pay fees, taxes, or shipping to receive a prize, and never provide sensitive financial information to claim an award.
• Report Fraud: Promptly report any suspected fraud to the FTC at ReportFraud.ftc.gov, the U.S. Postal Inspection Service for mail-related scams, or IdentityTheft.gov for identity theft issues. The DOJ's National Elder Fraud Hotline is available at 1-833-FRAUD-11 for those aged 60 and older.

While it may not be possible to remove your name from all private marketing databases or criminal databases, reducing the readily available personal data and being cautious about responses can significantly decrease vulnerability to targeted scams.