Search Platform PeopleSmart Used Ohio Residents’ Personal Data Without Consent, Class Action Alleges

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A proposed class action claims the Lifetime Value Co. (LTVCo) has unlawfully used Ohio residents’ personal data without consent to advertise monthly subscription plans to its online search platform.

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The 17-page lawsuit says that despite neglecting to obtain consent from individuals listed on its PeopleSmart search engine, the tech company has allowed visitors access to the consumers’ identifying information as part of a seven-day trial in an effort to entice them to enroll in a paid subscription. The suit alleges that the company has run afoul of the Ohio Right of Publicity Statute, which prohibits the use of an individual’s identity for commercial purposes without prior written consent.

PeopleSmart allows users to search, filter and view “over 100 million business contacts” and individual profiles, the case explains. To access the results of a search or view a profile—which can include a person's full name, contact information, employment data, location, social media details, and education and work history—a visitor must enroll in a $1 or $5 seven-day trial, which transitions into a monthly subscription unless cancelled, the complaint shares. According to the filing, a user can subscribe to the basic plan for $39 per month, the professional plan for $69 per month or the business plan for $99 a month.

The lawsuit contends that the search platform compiles and uses consumers’ personal data to create reports without their knowledge.

“While [the defendant] offers individuals the opportunity to opt out of PeopleSmart, this is of little help since the vast majority of people are unaware that reports about them are generated by and accessible on the platform in the first place,” the suit asserts.

The plaintiffs, two Ohio residents with no prior relationship with LTVCo or its search engine, claim to have discovered in September 2023 that their identities were being used on the platform to market monthly subscriptions. The men say that they do not know how the company obtained their information and never provided consent for the data to be used for any reason.

The lawsuit looks to represent any current or former Ohio resident who is not subscribed to LTVCo’s PeopleSmart platform and whose name and/or identity is being or has been used to market paid subscriptions on the platform.

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