Real Estate Platform PropertyShark Uses Ohio Residents’ Personal Data Without Permission, Class Action Says

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A proposed class action lawsuit claims real estate software company Yardi Systems has unlawfully used Ohio residents’ personal data without consent to advertise paid subscriptions to its online property research platform.

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The 20-page privacy lawsuit says that Yardi offers website visitors one free property report after they sign up for a free account on its PropertyShark real estate database. Despite failing to obtain consent from individuals listed on the platform, Yardi has allowed visitors access to the consumers’ personal information in an effort to entice users to enroll in a paid subscription, the suit alleges.

According to the case, Yardi has run afoul of the Ohio Right of Publicity Statute, a state law which prohibits the use of an individual’s identity for commercial purposes without prior written authorization.

PropertyShark allows users to search for and view reports on commercial and residential properties in specific cities, the complaint relays. To access search results or view a report—which can include a property’s purchase details and tax data as well as the owner’s full name and address—a visitor must sign up for a free PropertyShark account, which gives them access to one free report before they are prompted to enroll in a paid subscription plan in order to view more, the filing explains.

Per the suit, a user can subscribe to a “pro” plan for $49.95 per month or $499.95 per year, or purchase individual property reports for $4.95 each.

The plaintiffs, two Ohio residents with no prior relationship with Yardi or its database, claim they discovered in May of this year that their identities and personal information were being used on PropertyShark to advertise paid subscriptions. The consumers contend that they do not know how the platform obtained their data and, importantly, never gave permission for it to be utilized in any capacity.

The PropertyShark lawsuit looks to represent any current or former Ohio residents who are not subscribed to Yardi’s platform and whose name and/or identity is incorporated in property reports or owner search results used to market individual reports or paid subscriptions to the database.

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