Wednesday, July 27, 2016

Magazine Publisher Rodale Settles Michigan Privacy Lawsuit


When you subscribe to a magazine, you do so because you enjoy the content or want to receive information on a given topic. You wouldn't expect that you are putting your name out there to third-party advertisers. But if you get magazines from Rodale Inc., your privacy may have been compromised.

Rodale Inc., a publisher of health and wellness magazines, recently agreed to pay $4.5 million to Michigan consumers for violating the Michigan Video Rental Privacy Act. According to the class-action lawsuit filed in July 2014, the publisher distributed its subscribers' information to third-party marketing companies without their consent.

What is the Video Rental Privacy Act

The Michigan Video Rental Privacy Act protects consumers from disclosure of their personal information resulting from the purchase or rental of media. Under the statute, companies in the business of selling, renting, or lending books, audio recordings, or videos are not allowed to disclose records relating to a customer's purchase or rental history in any way that identifies the consumer, without that person's written permission. A recent Michigan Supreme Court decision said the law does not apply to free users of the online music streaming application Pandora. However, an earlier decision said the VRPA does apply to magazine subscriptions.

Are You Part of the Magazine Subscriber Class Action?

The Rodale settlement could affect an estimated 570,000 subscribers, all of whom are Michigan consumers. You may be part of the class-action if you purchased a subscription between July 1, 2009 and May 3, 2016 to any of the following magazines:
  • Bicycling,
  • Men's Health,
  • Prevention,
  • Running Times,
  • Runner's World,
  • Women's Health,
  • Organic Life (formerly Organic Gardening).
Class members may submit a claim to receive a portion of the settlement, which the attorneys on the case estimate to be approximately $100 each.

This is the second time Rodale has settled consumer protection complaints. In 2010, Rodale refunded Florida customers and paid up to $1.3 million to settle allegations that the company charged people for books and magazines they did not order. While the current settlement only applies to Michigan consumer, the Pennsylvania Attorney General's Office is also looking into the company and its business practices.

The Michigan Video Rental Privacy Act isn't used very often, but when it is, it can be a powerful protection for consumer privacy. The law has been amended effective July 31, 2016, to explicitly include electronic transactions. Consumer protection attorney Dani K. Liblang of the Liblang Law Firm, P.C., is ready to use this tool to fight for Michigan consumers' privacy rights. If you believe your privacy has been compromised by a media company, contact the Liblang Law Firm, P.C., today for free consultation.

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