California Voter Information Was Illegally Harvested and Sold, Class Action Alleges

San Diego 2020 City Council candidate Joe Leventhal bought personal voter information that was illegally sold and distributed in California, a new class action lawsuit alleges.

Plaintiff Jennifer Tag, a former Deputy District Attorney for the County of San Diego, filed the class action lawsuit Friday against i360, LLC, GC Strategies, LLC and Leventhal Friday in a California federal court, alleging violations of voter privacy laws.

The class action claims that i360, a company founded by right-wing billionaire Charles Koch that collects and sells voter data, and GC Strategies, which specializes in political consulting services, have a “pattern and practice of profiting from the sale and distribution of Californian voters’ personal information in violation of Californian voters’ privacy rights.”

Tag says Leventhal knowingly aided this pattern by buying the personal information from i360. 

She uncovered the alleged crimes after discovering that a campaign worker for Leventhal had  obtained her own personal information from i360. The worker had arrived at her home to campaign for Leventhal on Feb. 24, 2020, despite her having confidential voter status due to her former role prosecuting sex trafficking crimes. 

“Plaintiff became greatly concerned that her personal information was being distributed in violation of state law and thereafter invested significant time and expense, including out-of-pocket expenses of approximately $102.52 and countless hours, to investigate the matter.”

Tag says she eventually uncovered an agreement between GC Strategies and i360 whereby GC Strategies “profits from i360’s wrongful conduct by applying and obtaining California voter registration information on i360’s behalf,” the class action says. 

Tag also allegedly chatted with an i360 representative online, asking what data she could obtain about voters, and included that chat in her evidence.  

“Upon obtaining the voter registration information from GC Strategies, Defendant i360 distributes and sells Californian voters’ personal information to countless other political candidates, campaigns, and organizations, which make up i360’s clientele, including Defendant Joe Leventhal.”

Tag says, according to the law, personal information that Californian voters supply on their voter registration affidavit, including home address, telephone number and email address, is confidential. 

It should only be disclosed upon submission of an application to the Secretary of State and only used for the specific purposes permitted by law, the class action states. 

Tag is suing for negligence, public disclosure of private facts, invasion of privacy under California law and violations of California’s Unfair Competition Law. 

She is looking to represent anyone whose California voter registration information was distributed and sold by GC Strategies or i360 without approval from the California Secretary of State or California elections officials, plus a subclass of people who obtained confidential voter status. 

Tag is seeking certification of the class, damages, restitution, costs, fees, an appropriate injunction and a jury trial.

Meanwhile, in late 2020 a majority of Californians reportedly voted to approve Proposition 24, the California Privacy Rights Act, that would strengthen protections around the use of personal data by businesses. The new privacy provisions will reportedly go into effect in 2023, at which point a state agency created by the law will enforce it. 

What do you think of this alleged harvesting and sale of California voter information? Let us know in the comments! 

Tag is represented by Ronald A. Marron, Kas L. Gallucci, Michael T. Houchin, Lilach Halperin and Elisa Pineda of The Law Offices of Ronald A. Marron.

The i360 California Voter Information Class Action Lawsuit is Tag et al., v. i360, et al., Case No. 3:21-cv-00975-L-MDD, in the U.S. District Court Southern District of California.

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