GameStop Class Action Says Video Game Magazine Customers Info Sold

GameStop faces a class action lawsuit alleging that the store sold Game Informer magazine subscriber information to third party marketing and data mining companies.

Plaintiff Robert Horton recently filed a class action against GameStop Corp. claiming that between May 29, 2015 and July 30, 2016, the company sold personal information of Game Informer subscribers to data mining companies and other third parties.

Horton says the consumer information sold includes full names, home addresses, lifestyle information, and demographics.

The Game Informer magazine is a monthly issue which includes information about video games including reviews, previews, interviews, and more. A year subscription can be purchased for $19.98 online, through mail, or at any GameStop store. Game Informer is generally considered one of the best video game magazine in the market, and draws countless consumers every year.

Horton purchased a one year Game Informer subscription in 2010 and again in 2013. Since his purchase in 2013, he has renewed his subscription every year. Horton claims he never received a notice that GameStop disclosed his personal information. However, shortly after GameStop’s alleged information disclosure, Horton began receiving junk mail and telemarketing calls. He believes that these unwanted calls and mail offerings are due to GameStop’s disclosure of his information.

“These harassing junk mail offerings and phone call solicitations received by Plaintiff are attributable to GameStop’s unauthorized sale and disclosure of his Personal Reading Information, and they invaded Plaintiff’s privacy,” Horton claims in his GameStop class action lawsuit.

Horton brings his claims under Michigan’s Video Rental Privacy Act. The act states “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.” The act was passed in 1988 to protect consumer information and dissuade fears that their information was at risk in the new digital age.

Consumer information is incredibly valuable to companies as it can be sold and traded to third parties for a large profit. The information is so valuable that some companies are beginning to offer individuals the opportunity to sell their information themselves, rather than it being collected and sold by a different company.

The Federal Trade Commission recently stated that “most consumers cannot begin to comprehend the types and amount of information collected by businesses, or why their information may be commercially valuable. Data is currency. The larger the data set, the greater potential for analysis – and profit.” Although data is valuable, companies are not allowed to collect and sell consumer personal data without consumer consent.

Horton seeks to represent all Michigan residents who had their personal information disclosed by GameStop between May 29, 2015 and July 30, 2016. The GameStop Game Informer class action seeks damages, restitution, disgorgement, court costs, and attorneys’ fees.

The plaintiffs are represented by Wedad Ibrahim of Lyngklip & Associates Consumer Law Center PLC; and Frank D. Hedin and David W. Hall of Hedin Hall LLP.

The GameStop Game Informer Magazine Subscription Class Action Lawsuit is Horton v. GameStop Corp., Case No. 1:18-cv-00596, in the U.S. District Court for the Western District of Michigan.

UPDATE: On September 28, 2018, the court denied a GameStop bid for dismissal.