Class Action Claims Consumer Reports Discloses Ohio Subscriber Data Without Consent

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A proposed class action alleges Consumer Reports has sold magazine subscribers’ identities to third parties without consent to do so. 

The nine-page case contends that Consumer Reports’ alleged practice of selling subscriber information to data aggregators, appenders, cooperatives, list brokers and other third parties is not only unlawful under Ohio law but also “allows malignant actors to target particular members of society” given the individualized nature of the data.  

Per the complaint, the subscriber data disclosed by CR to supplement its revenues includes full names, titles of publications a person subscribes to, home addresses, gender, ethnicity and religion. By renting, exchanging or disclosing – rather than selling – subscriber information, CR can share the data “time and time again to countless third parties,” the case claims. 

According to the suit, Ohio law states that a person shall not use any aspect of an individual’s persona for commercial purposes, meaning in connection with a place, product, merchandise, good or service. The lawsuit stresses that the plaintiff, an Orville, Ohio resident, is not challenging CR’s core magazine publication business, as the company could “easily maintain its business model while still complying with Ohio state law.” 

The case says CR maintains a vast digital database comprised of subscribers’ private reading information. This information, once disclosed by CR to data aggregators and appenders, is then supplemented with “additional sensitive private information” about each customer, the suit claims. From there, CR rents and/or exchanges mailing lists containing subscriber specifics to other third parties, including consumer-facing businesses, non-profits and political organizations, according to the lawsuit. 

“As a result of Consumer Reports’ data compiling and sharing practices, companies can purchase and/or obtain mailing lists from Consumer Reports that identify Consumer Reports’ customers by intimate details,” the case reads. “Consumer Reports’ disclosure of sensitive and private information puts consumers, especially the more vulnerable members of society, at risk of serious harm from scammers.” 

The lawsuit looks to represent all Ohio residents who, at any point within the statute of limitations, had their personas rented, exchanged and/or otherwise disclosed or whose personas were offered for rental, exchange and/or disclosure on a mailing list rented or offered for rental by Consumer Reports without prior consent. 

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