PROVIDENCE, R.I. (Legal Newsline) – A magazine subscriber alleges she receives junk mail because the magazine retailer disclosed her information to third parties without her consent.
Christina Lachapelle filed a complaint individually and on behalf of all others similarly situated on Sept. 25 in the U.S. District Court for the District of Rhode Island against Hearst Communications Inc. alleging violation of the Rhode Island Video, Audio and Publication Rentals Privacy Act (RIVRPA).
According to the complaint, the plaintiff is a subscriber to Woman's Day magazine, which she purchased from the defendant. She alleges the defendant did not notify her that it discloses the personal reading information of its customers and that the defendant rented or exchanged mailing lists with this information to third parties. She alleges because her information was exchanged, she receives junk mail from nonprofits and other organizations.
The plaintiff holds Hearst Communications Inc. responsible because the defendant allegedly jeopardized its subscribers’ privacy and well-being in exchange for increased revenue and failed to obtain consent from its subscribers before disclosing their personal information.
The plaintiff requests a trial by jury and seeks judgment against defendant, certification of the class action, award of actual damages or $250 per violation, prejudgment interest, order of restitution and all other forms of equitable monetary relief, injunctive relief, attorneys’ fees and expenses and costs of suit. She is represented by Peter N. Wasylyk of Law Offices of Peter N. Wasylyk in Providence, Rhode Island and Scott A. Bursor, Joseph I. Marchese and Philip L. Fraietta of Bursor & Fisher PA in New York.
U.S. District Court for the District of Rhode Island case number 18-cv-534