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Consumer Reports subscriber alleges 'barrage' of junk mail caused by disclosure of information


By Bree Gonzales | Sep 14, 2018

NEW YORK (Legal Newsline) – A Rhode Island magazine subscriber alleges he now receives unwanted junk mail because the magazine disclosed his personal reading information.

Robert Watterson filed a complaint on behalf of all others similarly situated on Aug. 31 in the U.S. District Court for the Southern District of New York against Consumer Reports Inc. alleging violation of Rhode Island’s Video, Audio and Publication Rentals Privacy Act.

According to the complaint, the plaintiff alleges that the defendant rented, exchanged or otherwise disclosed personal information about his Consumer Reports magazine subscription to data aggregators and how he receives a "barrage of unwanted junk mail." He alleges the defendant did not notify him that it discloses personal reading information and that he never authorized it to do so.

The plaintiff holds Consumer Reports Inc. responsible because the defendant allegedly did not have his permission to disclose his reading information and did not provide him notice before it disclosed the information.

The plaintiff requests a trial by jury and seeks an award of actual damages or $250, whichever is greater, for each violation; prejudgment interest on all amounts awarded; an order of restitution and all other forms of equitable monetary relief; injunctive relief as pleaded or as the court may deem proper; attorneys’ fees; expenses; and costs of suit. He is represented by Scott A. Bursor, Joseph I. Marchese and Philip L. Fraietta of Bursor & Fischer P.A. in New York.

U.S. District Court for the Southern District of New York case number 7:18-cv-08001-UA

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Bursor & Fisher, P.A U.S. District Court for the Southern District of New York New York Division

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