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Condé Nast Disclosure of Subscriber Information Indiana Class Action

Advance Magazine Publishers, Inc., which does business as Condé Nast, publishes some of the best-known magazines in the country, including GQ, The New Yorker, Vanity Fair, and Vogue. But the complaint for this class action alleges that the company makes money not just from selling subscriptions to these magazines; it claims it also sells the identities of its subscribers to data aggregators, data cooperatives, list rental recipients, and others, in violation of the Indiana Right of Publicity Statute.

The class for this action is all Indiana residents whose identities were contained on or in any of Condé Nast’s data brokerage products.

Condé Nast, the complaint claims, maintains information on its subscribers, including not only their names and home addresses, but information in other categories, such as their gender, ethnicity, and religion.

The company doesn’t simply sell this information. The complaint claims, “By renting, exchanging, or otherwise disclosing—rather than outright selling—its magazine subscribers’ identities, Condé Nast is able to misappropriate (and profit from) their identities time and time again to countless third parties.”

Condé Nast also shares its subscribers’ information, the complaint says, with “data cooperatives, which in turn give Condé Nast access to their own subscription list databases.”

The complaint alleges, “Condé Nast’s disclosure of names and identities and other individualized information is not only unlawful but is also dangerous, because it provides malevolent actors with the tools needed to target particular members of society.”

“By selling products to its Data Brokerage Clients comprised entirely of its magazine subscribers’ identities (‘Data Brokerage Products’)—without their consent—[Condé Nast] has violated, and continues to violate the Indiana Right of Publicity Statute.”

The complaint quotes the Indiana statute as saying, “A person may not use an aspect of a personality’s right of publicity for a commercial purpose … without having obtained previous written consent.” The Statute further defines “for a commercial purpose” as meaning “[o]n or in connection with a product, merchandise, goods, services, or commercial activities.”

The complaint contends, “Selling the names and subscriber information as detailed above clearly constitutes using a person’s name on and/or in connection with a product, good, merchandise, service, or commercial activity.”

Finally, the complaint claims that Condé Nast does not get its subscribers’ consent to its disclosure of their information: “Condé Nast never requires the individual to read or agree to any terms of service or privacy policy, let alone one that would allow it to misappropriate their property rights with impunity. Consequently, Condé Nast uniformly fail to obtain any form of consent form from—or even provide effective notice to—its customers before misappropriating their identities.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Condé Nast Disclosure of Subscriber Information Indiana Complaint

October 29, 2021

Advance Magazine Publishers, Inc., which does business as Condé Nast, publishes some of the best-known magazines in the country, including GQ, The New Yorker, Vanity Fair, and Vogue. But the complaint for this class action alleges that the company makes money not just from selling subscriptions to these magazines; it claims it also sells the identities of its subscribers to data aggregators, data cooperatives, list rental recipients, and others, in violation of the Indiana Right of Publicity Statute.

Condé Nast Disclosure of Subscriber Information Indiana Complaint

Case Event History

Condé Nast Disclosure of Subscriber Information Indiana Complaint

October 29, 2021

Advance Magazine Publishers, Inc., which does business as Condé Nast, publishes some of the best-known magazines in the country, including GQ, The New Yorker, Vanity Fair, and Vogue. But the complaint for this class action alleges that the company makes money not just from selling subscriptions to these magazines; it claims it also sells the identities of its subscribers to data aggregators, data cooperatives, list rental recipients, and others, in violation of the Indiana Right of Publicity Statute.

Condé Nast Disclosure of Subscriber Information Indiana Complaint
Tags: Use of Identity for Advertising, Your Privacy