Playboy Class Action Says Magazine Sells Subscriber Info

A class action lawsuit alleges Playboy Enterprises Inc. sells subscriber information to third parties without their consent.

Lead plaintiff Mark Kokoszki says he was hit with a barrage of unwanted marketing from “aggressive advertisers, political organizations, and nonprofits” after Playboy disclosed his personal information to third parties.

In addition to adding to Kokoszki’s pile of junk mail, the plaintiff also claims that Playboy violated Michigan privacy laws.

The Playboy class action lawsuit states that Kokoszki purchased his subscription to the gentleman’s magazine directly from Playboy while residing in Michigan.

The plaintiff says he never provided Playboy permission to sell his personal information to third parties.

According to the Playboy magazine class action lawsuit, Playboy rented or otherwise disclosed subscribers’ personal information without consent between Jan. 30, 2016 and July 30, 2016.

The plaintiff says that since his information was sold by the publication, he has experienced a spike in the amount of junk mail he receives.

“These harassing junk mailings received by Plaintiff Kokoszki’ are attributable to Playboy’s unauthorized rental, exchange, and/or disclosure of his Personal Reading Information,” alleges the Playboy magazine class action lawsuit.

Playboy actively advertises the rental of its subscribers’ personal information, contends the class action lawsuit.

For under $0.11 each, a third party can purchase a raft of personal information about Playboy subscribers, including state, ZIP code, age, income, gender, and email address.

The information that third-party advertisers can purchase, about Playboy subscribers also includes the personal reading information about individuals, such as whether the person enjoys golfing, boating, or is interested in dieting subscriptions.

“To supplement its revenues, Playboy rents, exchanges, or otherwise discloses its customers’ personal information—including their full names, titles of magazines subscribed to, and home addresses (collectively ‘Personal Reading Information’), as well as myriad other personal, lifestyle, and demographic information such as gender, age, ethnicity, income, religion, parental status, and political affiliation—to data aggregators, data appenders, data cooperatives, and other third parties without the written consent of its customers,” alleges the Playboy magazine class action.

The Playboy class action lawsuit further claims that Playboy does not sell its subscribers’ information just once, but can go on to sell it over and over.

“By renting, exchanging, or otherwise disclosing – rather than selling – its customers’ Personal Reading Information, Playboy is able to disclose the information time and time again to countless third parties,” points out the Playboy class action.

Kokoszki contends that neither he nor other Playboy subscribers gave the gentleman’s magazine permission to use their personal information in this manner.

The plaintiff alleges that Playboy infringes upon his and other putative Class Members’ privacy in order to increase profit. In addition, Kokoszki says Playboy violates Michigan residents’ statutory rights under the state’s privacy laws.

According to the Playboy class action lawsuit, Michigan enacted a privacy law called the Preservation of Personal Privacy Act (PPPA) decades ago to protect the state’s residents from unwanted surveillance. The law prohibits the collection of the personal reading information of Michiganders.

The Playboy magazine class action lawsuit seeks to represent a Class of all Michigan residents who had their personal reading information disclosed by Playboy between Jan. 30 and July 30, 2016.

The plaintiff is seeking actual or statutory damages that may total more than $5,000 per alleged violation of the PPPA, along with a court order prohibiting Playboy from disclosing subscriber information.

The lead plaintiff is represented by Philip L. Fraietta and Joseph I. Marchese 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 Playboy Magazine Subscriber Info Class Action Lawsuit is Kokoszki v. Playboy Enterprises Inc., Case No. 2:19-cv-10302-BAF-RSW, in the U.S. District Court for the Eastern District of Michigan.

UPDATE: March 2020, the Michigan Playboy subscriber class action settlement is now open. Click here to file a claim.