Bassmaster Subscriber Information Shared Without Consent Michigan Class Action

B.A.S.S., LLC publishes Bassmaster magazine. But the complaint for this class action alleges that the company discloses information on its subscribers to parties such as data aggregators, data cooperatives, and list brokers without the subscribers’ consent. This, the complaint alleges, is a violation of Michigan’s Personal Privacy Protection Act (PPPA).

The class for this action is all Michigan residents who, at any time during the pre-July 31, 2016 time period, had their Private Reading Information disclosed to third parties by B.A.S.S.

Michigan amended the PPPA, with the amendment going into effect on July 31, 2016; the statutory period in this case is six years, that is, extending back to June 8, 2016.

The complaint quotes the PPPA as saying that a “person, or an employee or agent of the person, engaged in the business of selling at retail, renting, or lending books or other written materials … shall not disclose to any person, other than the customer, a record or information concerning the purchase … of those materials by a customer that indicates the identity of the customer.”

The complaint quotes Senator Patrick Leahy as saying, “In practical terms our right to privacy protects the choice of movies that we watch with our family in our own homes. And it protects the selection of books that we choose to read.” But personal information has great value to advertisers, political parties, and others, the complaint alleges.

The complaint alleges that intermediaries like NextMark, Inc. and Chilkutt Direct Marketing, Inc. rented mailing lists from B.A.S.S. containing personal information on subscribers to Bassmaster magazine. According to the complaint, these parties then pass the information on to “aggressive advertisers, political organizations, and non-profit companies.” “As a result,” the complaint says, the subscribers “have received a barrage of unwanted junk mail.”

This may not be just annoying, the complaint contends: “In addition to causing waste and inconvenience, direct-mail advertisers often use consumer information to lure unsuspecting consumers into various scams, including fraudulent sweepstakes, charities, and buying clubs.” The complaint alleges the information may be sold to criminals, fraudulent telemarketers, and others who are working scams, something that is particularly dangerous where the elderly are concerned.

According to the complaint, “B.A.S.S. does not seek its customers’ prior consent, written or otherwise, to any of these disclosures and its customers remain unaware that their Private Reading Information and other sensitive information is being rented and exchanged on the open market.” Customers can subscribe to the magazine through many outlets, the complaint claims, and are never asked to agree to any information-sharing policy when they sign up.

Article Type: Lawsuit
Topic: Privacy
Tags: Sharing Personal Information with Third Parties, Using Your Private Information Without Consent, Your Privacy