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America’s Test Kitchen allegedly sells Cook’s Illustrated subscriber information to third parties, according to a recent class action against the magazine publisher.
According to the America’s Test Kitchen class action, the information is rented, exchanged, or otherwise shared to “data aggregators, data appenders, data cooperatives, and list brokers” who in turn share the information with “aggressive advertisers, political organizations, and non-profit companies.”
Plaintiff Steven Kittle says his personal information was disclosed to third parties between June 13, 2016 and July 30, 2016 as a result of subscribing to Cook’s Illustrated.
Kittle claims that, as a result of his personal information being shared, he now receives a “barrage of unwanted junk mail.”
The plaintiff says the sharing of information is a widespread issue that affects countless Cook’s Illustrated subscribers.
The America’s Test Kitchen subscriber class action lawsuit cites information from a list broker Specialists Marketing Services (SMS) which allegedly advertises the subscribing information of 607,910 Cook’s Illustrated subscribers.
SMS reportedly advertises America’s Test Kitchen subscriber info to renters at a base price of $100 per thousand or 10 cents per subscriber. Renters can also purchase information of active book buyers at a rate of $110 per thousand, according to the America’s Test Kitchen class action.
“While ATK profits handsomely from the unauthorized rental, exchange, and/or disclosure of its customers’ Personal Reading Information and other personal information, it does so at the expense of its customers’ privacy and statutory rights because ATK does not obtain its customers’ written consent prior to disclosing their Personal Reading Information,” the Cook’s Illustrated magazine class action claims.
In his America’s Test Kitchen class action, Kittle claims that the publishing company violates the Michigan Preservation of Personal Privacy Act (PPPA).
The PPPA states the following: “[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.”
Kittle claims that the sharing of subscriber personal information is a blatant violation of this law.
The plaintiff seeks to represent a Class of Michigan residents who had their personal information disclosed to third parties by America’s Test Kitchen between June 13, 2016 and July 30, 2016.
The Cook’s Illustrated class action lawsuit seeks actual damages of $5,000 for each Class Member, restitution, injunctive relief, court costs, and attorneys’ fees.
Kittle and the proposed Class are represented by Joseph I. Marchese and Philip L. Fraietta of Bursor & Fisher PA; Frank S. Hedin and David W. Hall of Hedin Hall LLP; and Nick Suciu III of Barbat Mansour & Suciu PLLC.
The America’s Test Kitchen Class Action Lawsuit is Kittle v. America’s Test Kitchen LP, Case No. 2:19-cv-11757-TGB-MKM, in the U.S. District Court for the Eastern District of Michigan.
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