Emily Sortor  |  June 4, 2019

Category: Legal News

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yankee candle storeA class action lawsuit accuses Yankee Candle of selling its customers’ personal information to data mining companies.

The Yankee Candle class action lawsuit was filed by Barbara Bone who says she’s made purchases at Yankee Candle retail stores in Virginia.

During these purchases, Bone claims the cashier requested her personal identifying information including her name and address.

Bone alleges that the company then sold her information and that of many customers for their own profit.

The Yankee Candle class action goes on to state that Bone did not give her consent to have her information sold, and the company did not notify her that they sell the personal identification information of their customers.

Bone asserts that because Yankee Candle sold her information, she now receives junk mail and solicitations. She says that she was harmed by Yankee Candle’s actions.

The Yankee Candle class action lawsuit claims that Bone did not receive the full benefit of her purchase because she believed she was paying for a product that would not violate her privacy, but received a product that came with a violation of her privacy.

She says that had she known her privacy would be violated through the sale of her personal identifying information, she would not have made purchases at Yankee Candle or would not have paid as much for them had she known.

Allegedly, customers place monetary value on their privacy and consider privacy practices when making purchases. Bone argues that Yankee Candle is aware that customers value their privacy and intentionally did not disclose to customers that their information would be sold, because customers would object to the practice.

The Yankee Candle class action lawsuit goes on to note that there is a high demand for personal identification information, because companies use this information so they can effectively reach out to individuals in an attempt to get them to purchase goods or services.

“For example, a purchaser could buy a list with the names and addresses of all Yankee Candle customers who are Jewish, over the age of 50, with an income of greater than $100,000, no children in the household, and a history of charitable donations. Defendant would sell such a list for approximately $152 per thousand customers listed,” the Yankee Candle class action states.

The personal identification information class action lawsuit goes on to say that customers recognize the value of PII in today’s marketplace — some customers intentionally sell their information for profit, and many others make purchasing decisions in order to protect their information.

Allegedly, Yankee Candle wrongly profits from customers without their knowledge, exposing them to further invasions of privacy in the form of spam mail and messages, and possibly exposing them to scams from people who purchase the information.

Bone argues that Yankee Candle’s conduct violates Virginia’s Personal Information Privacy Act,and she says that the company has gained unjust enrichment from the sale of its customers’ information.

The Yankee Candle customer is represented by Kevin M. Kinne of Cohen Kinne Valicenti & Cook LLP, and by Joshua D. Arsohn and Philip L. Fraietta of Bursor & Fisher PA.

The Yankee Candle Personal Information Sale Class Action Lawsuit is Barbara Bone v. The Yankee Candle Company Inc., Case No. 3:19-cv-30074-MGM, in the U.S. District Court for the District of Massachusetts.

 

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