Spokeo.com Unlawfully Uses Alabama Residents’ Identities to Advertise Subscriptions, Class Action Claims

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A proposed class action accuses Spokeo, Inc. of violating the privacy rights of Alabama residents by using their personal information to advertise subscriptions to its “people search” engine, Spokeo.com, without their permission.

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According to the 14-page case, Spokeo has run afoul of Alabama’s Right of Publicity Act, a state law that prohibits private entities from using attributes that uniquely identify an individual—including their name, signature, photograph, image, likeness or voice—to advertise, sell or solicit the sale of products or services without first obtaining their written consent.

The complaint alleges that Spokeo—which offers a database containing detailed reports on millions of individuals—displays “teaser profiles” that include personal data about Alabama residents, such as their names, ages, current and past cities of residence, relatives, emails or phone numbers. Per the suit, Spokeo blurs most of the information displayed in these teaser profiles to entice website visitors into purchasing a subscription that provides full access to every report in its database.

The filing notes that the teaser profiles are displayed next to offers encouraging Spokeo.com users to pay $0.95 to “Unlock [a] Profile,” an option that will enroll the user in a seven-day free trial that automatically renews as a full subscription costing $24.95 per month. The defendant also represents that subscribers can view more detailed information about an individual than what is shown in their teaser profile, such as full contact information, criminal and traffic records, marriage records and social media profiles, the case says.

However, the lawsuit contends, Spokeo never notified consumers that it used their information within its database or to advertise its services, much less obtained their permission to do so.

“In fact, [the plaintiff] and the class members have no relationship with Spokeo whatsoever,” the complaint says, claiming that the defendant creates profiles by scraping the internet for personal information.

By doing so, Spokeo has misappropriated Alabama residents’ uniquely identifying information for its own commercial benefit in violation of the law, the suit charges.

The lawsuit looks to represent any Alabama residents whose indicia of identity were used by Spokeo without their consent.

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