April 5, 2016

personally-identifiable-informationOn April 1, 2016, a class action lawsuit was commenced in the United States District Court for the Southern District of New York, alleging that Consumers Union of United States, Inc., a branch of the popular magazine publisher of Consumer Reports (“Consumer Union”), sold personally identifiable information of Consumer Reports magazine subscribers to third-parties in violation of Michigan’s Preservation of Personal Privacy Act (“PPPA”).  The lawsuit seeks injunctive relief, as well as damages in the form of disgorgement of profits or $5,000.00 per class member, whichever is greater.

How is Consumers Union Alleged to Have Violated the PPPA?

Consumers Union Sued for Selling Personally Identifiable Information

According to the complaint, the class representative plaintiff was a Consumer Reports subscriber.  The plaintiff alleges that Consumers Union sold information to various third-parties concerning the plaintiff’s personal reading habits and interests.  The complaint alleges that “[b]ecause Consumers Union sold and disclosed [plaintiff’s] Personal Reading Information, Plaintiff [] now receives junk mail and telephone solicitations offering discounted magazine subscriptions, among other things.”

The complaint seeks to certify a class of “all Michigan residents who had their Personal Reading Information disclosed to third parties by Consumers Union without consent.”  Consumers Union has not yet been served with process.

Protect Yourself

As we blogged last month, the Federal Communications Commission has recently proposed new rules regarding the collection and distribution of personally identifiable information.  Due to the sensitive nature of personally identifiable information, businesses that engage in the collection and sale of such information should consult with competent legal counsel concerning applicable state and federal laws, rules and regulations.

If you are interested in learning more about this topic, please visit the Privacy and Data Security Law practice area of our website.  If you have been served with process concerning your privacy and data security practices in general, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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