Laura Northrup is reporting on The Consumerist:
The ombud, New York attorney Elaine Frejka, sent a letter to the bankruptcy judge in response to the letters from the attorneys general of Texas and other states objecting to the possible sale of consumer data.
Her response is simple: RadioShack told her that they aren’t selling consumer data.
I have been advised by the Debtors that customer lists and other customer-related information (the Customer Data”) will not be included as part of the sale to be considered by the Court on March 26, 2015. In light of the fact that the sale of Personally Identifiable Information, as defined in section 101(41A) of the Bankruptcy Code, is not at issue at this time, the Ombudsman respectfully submits that filing a report at this time would not benefit the Court or other parties-in-interest.
This doesn’t definitively rule out selling the data in the future, but it isn’t part of the current auction.
The last paragraph of the ombudsman’s letter to the court does leave the door open, however:
The Ombudsman will continue to work with the Debtors and other parties-in-interest and, to the extent the Debtors seek authority from the Court to sell the Customer Data, the Ombudsman will file a report with recommendations that take into account the specific facts and circumstances applicable to any such sale.