Class Action Alleges The New York Times Company Disclosed Subscriber Data Without Consent

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A proposed class action alleges The New York Times Company (NYT) has unlawfully rented, exchanged and/or otherwise disclosed detailed information about readers’ newspaper subscriptions without authorization to do so. 

The 24-page case alleges The New York Times Company has disclosed subscriber data to data aggregators, appenders, cooperatives and list brokers, among other parties, who in turn shared the information with aggressive advertisers, political organizations and nonprofit companies. As a result, consumers such as the plaintiff have received a barrage of unwanted junk mail, the suit claims. 

The lawsuit says NYT has run afoul of Michigan’s Video Rental Privacy Act, a state law that prohibits the disclosure of information that can identify customers who buy or rent videos, books and other written materials. 

The NYT rents, exchanges or otherwise discloses personal customer information, including full names, titles of publications they subscribe to, and home addresses, in addition to other categories of details, as a way to supplement its revenues, the lawsuit states. Other subscriber information shared by the NYT includes demographic specifics, such as gender and age, the suit says. 

By renting, exchanging or otherwise disclosing—rather than outright selling—customers’ information, the defendant is able to do so time and time again to countless third parties, the case charges. The complaint claims that although the NYT “profits handsomely” from the unauthorized disclosure of subscriber data, it does so “at the expense of customers’ statutory privacy rights” given it does not obtain written consent to share their information. 

Per the suit, the NYT’s practice of disclosing subscriber data without authorization is not only unlawful but dangerous because it allows for particularly vulnerable members of society to be targeted. 

“For example, anyone could buy a customer list provided by NYT that contains the names and addresses of all women over the age of 80 who subscribe to The New York Times and live in Detroit,” the case says. 

The suit alleges that the NYT did not provide notice at the time the plaintiffs or other consumers subscribed to the newspaper that it discloses customers’ private reading information. 

The lawsuit aims to represent all Michigan residents who, at any point during the relevant pre-July 30, 2016 time period, had their private reading information disclosed to third parties by The New York Times Company without consent. 

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