Magazine Publisher Sells Subscribers’ Info, Class Action Says

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The publisher of Reader’s Digest, Trusted Media Brands Inc., faces a potential class action lawsuit over claims that the company violates state law by selling subscribers’ personal information to data miners without getting express written consent, thereby placing them in danger of becoming targets of scammers.

Plaintiff Shannon Taylor alleges that the information Trusted Media Brands sells to data miners includes full names, home addresses, gender, religion and political affiliations. Sharing and selling this information without consent is an alleged violation of Michigan’s Preservation of Personal Privacy Act, claims Taylor.

The lawsuit states that Taylor “is being inundated with a barrage of unwanted junk mail and telephone solicitations” as a result of her information being sold to telemarketers and direct mail advertisers.

“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 magazine class action lawsuit alleges.

Taylor noted in the complaint that the elderly are at an even higher risk for such scams by stating “Indeed, an entire black market exists where the personal information of vulnerable elderly Americans is exchanged.”

The mailing lists that can be purchased from magazine publisher Trusted Media contain highly personal information and these “most intimate details” that identify individuals such as their age, whether they have children and their charity contribution status are all shared, according to the plaintiff.

“For example, Trusted Media will sell – to anyone willing to pay for it – a list with the names and addresses of all Reader’s Digest subscribers who are Jewish, Republican, single, over the age of 80, with a net worth of greater than $500,000, no children in the household and a history of charitable donations,” Taylor asserted.

The magazine lawsuit claims that such a list would sell for about $180 over every 1,000 subscribers.

Trusted Media also publishes Country, Simple & Delicious and Taste of Home magazines, but does not require readers to consent to any terms of service, privacy policy disclosures, or information-sharing policy.

Taylor alleges that NextMark Inc. is one company that Trusted Media sells to. NextMark acts as a broker who sells the information to direct mail companies and telemarketers, the plaintiff said.

If the magazine class action lawsuit is approved, it will be open to all Michigan Class Members who have had their personal information allegedly disclosed to data miners or any other third parties by publisher Trusted Media without their express consent.

In addition to state privacy law violations, the plaintiff brings forth claims of unjust enrichment, saying that the company profits on the sale of private information while putting subscribers’ at risk for scams and violating their privacy.

Taylor is represented by Joseph Marchese of Bursor & Fisher PA.

The Trusted Media Magazine Publisher Class Action Lawsuit is Taylor, et al. v. Trusted Media Brands Inc., Case No. 1:16-cv-01717, in the U.S. District Court for the Southern District of New York.

UPDATE: On June 8, 2017, the publisher of Reader’s Digest agreed to resolve claims of privacy rights violations with a $8.2 million class action settlement.

UPDATE 2: November 2017, the Michigan Reader’s Digest subscriber privacy class action settlement is now open. Click here to file a claim.