Bassmaster Magazine Subscribers’ Personal Information Shared Without Consent, Class Action Alleges
by Erin Shaak
Osborn et al. v. B.A.S.S., LLC
Filed: June 8, 2022 ◆§ 1:22-cv-00520
A class action claims that the publisher of Bassmaster magazine has disclosed subscribers’ personal information to third parties without consent to do so.
A proposed class action claims that the publisher of Bassmaster magazine has disclosed subscribers’ personal information to third parties without consent to do so.
According to the 26-page case, defendant B.A.S.S., LLC has supplemented its revenues by renting, exchanging or otherwise disclosing readers’ full names, the titles of publications they subscribe to, home addresses, and “myriad other categories of individualized data and demographic information” to data aggregators, appenders, cooperatives, and list brokers. In turn, these entities have shared the data with aggressive advertisers, political organizations, non-profits and other third parties, the lawsuit says.
The lawsuit alleges that B.A.S.S. has violated the Michigan Preservation of Personal Privacy Act (PPPA) by sharing subscribers’ private reading information without their permission:
“While B.A.S.S. profits handsomely from the unauthorized rental, exchange, and/or disclosure of its customers’ Private Reading Information and other individualized information, it does so at the expense of its customers’ statutory privacy rights (afforded by the PPPA) because B.A.S.S. does not obtain its customers’ written consent prior to disclosing their Private Reading Information.”
The case claims that the defendant unlawfully discloses subscribers’ information in three ways—first, by sharing mailing lists containing their names and addresses and the titles of publications they subscribe to with data aggregators and appenders. These entities in turn supplement the lists with additional sensitive information, such as a consumer’s age and gender, before sending them back to B.A.S.S, the complaint says.
B.A.S.S. also shares its mailing lists with data cooperatives, who then give the company access to their own mailing lists, according to the suit.
Third, the lawsuit claims B.A.S.S. rents or exchanges its mailing lists that have been supplemented with additional subscriber information to third parties, including other companies, advertisers, and entities seeking monetary contributions, volunteer work or votes.
The case notes that by renting, instead of outright selling, subscribers’ information, B.A.S.S. is able to disclose readers’ personal details “time and time again to countless third parties.”
According to the suit, B.A.S.S.’s disclosure of subscribers’ personal information is “not only unlawful, but also dangerous” given it allows third parties to target “particularly vulnerable” consumers with advertising and scams.
The two plaintiffs, Michigan residents who subscribed to Bassmaster magazine, claim to have received “a barrage of unwanted junk mail” due to the defendant’s actions. Per the case, B.A.S.S. unlawfully disclosed the plaintiffs’ information to third parties without obtaining their consent or even providing notice that their personal details would be shared.
The plaintiffs look to represent Michigan residents who, at any point during the relevant period prior to July 31, 2016, had their private reading information disclosed to third parties by B.A.S.S. without consent.
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