Publishers Clearing House Sold Customer Information Without Permission, Class Actions Allege

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At least four proposed class action cases allege Publishers Clearing House has run afoul of state privacy laws by selling and renting out mailing lists filled with personal customer information on the open market. 

The lawsuits, filed this week in New York, respectively allege Publishers Clearing House has violated “right to publicity” laws in Ohio, South Dakota, Illinois and California by selling or renting without consent lists filled with customer names, addresses, genders and product purchase information to data miners, aggregators, appenders, cooperatives, list brokers and marketing companies. 

“Prior to monetizing Plaintiff’s and its other customers’ Personal Identifying Transactional Data in this way, PCH did not ask for much less obtain consent from any of these individuals,” the complaints say. 

The suits argue that privacy laws in Ohio, South Dakota, Illinois and California “clearly prohibit” what PCH has done, as they generally bar using a person’s name or likeness on or in connection with a product, good, piece of merchandise or service without the individual’s consent. The cases say Publishers Clearing Houses’ alleged conduct is particularly dangerous in that it allows any member of the public to buy or rent data as a means to target particular customers, including vulnerable members of society, based on their identities, interests and demographic details. 

“For example, anyone could buy or rent a list that contains the names, addresses, and other Personal Identifying Transactional Data of all women in South Dakota who purchased over $20 worth of children's books from PCH in the past three months. Such a list is available for sale or rental on the open market for approximately $140.00 per thousand customers listed.” 

The suits relay that PCH, either directly or through intermediaries acting on its behalf, have made available a list titled “Publishers Clearing House Merchandise Buyers Mailing List” that can be bought for a base price of “$100.00/M [per thousand].” 

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