BOSTON (Legal Newsline) – A Virginia woman alleges she has been subjected to unwanted junk mail and calls as a result of a Massachusetts candle company's decision to sell her personal information.
Barbara Bone, individually and on behalf of all others similarly situated, filed a complaint on May 31 in the U.S. District Court for the District of Massachusetts against The Yankee Candle Co. Inc. alleging violation of the Virginia Personal Information Privacy Act and unjust enrichment.
The plaintiff alleges the defendant sold her personal information to list brokers such as NextMark and in turn, the list brokers sold her information to telemarketers and other advertisers.
The plaintiff alleges that she purchased items from the defendant in Virginia and while making the purchase, never gave the defendant permission to sell her personal information. She alleges she has been "inundated with a barrage of unwanted junk mail and telephone solicitations" as a result of the defendant's actions.
The plaintiff is seeking trial by jury, damages of $100 per violation of the Act, interest, restitution, injunctive relief, attorneys’ fees and costs of the suit. The plaintiff is represented by Kevin M. Kinne of Cohen Kinne Valicenti & Cook LLP and Joshua D. Arisohn and Philip L. Fraietta of Bursor & Fisher PA in New York.
U.S. District Court for the District of Massachusetts case number 3:19-CV-30074