Professional Documents
Culture Documents
United States District Court District of Massachusetts
United States District Court District of Massachusetts
v.
(JURY TRIAL DEMANDED)
BEACHBODY, LLC,
Defendant.
On behalf of herself and all others similarly situated, Plaintiff Heather W. Carbone
complains and alleges as follows based on personal knowledge as to herself, the investigation of
her counsel, and information and belief as to all other matters, and demands trial by jury. Plaintiff
believes that substantial evidentiary support will exist for the allegations in this complaint, after a
“Defendant”), sells, rents, transmits, and/or otherwise discloses, to various third parties, records
containing the personal information (including names and addresses) of each of its customers,
along with detailed transactional information revealing the titles and subject matter of the DVD
videos and other audiovisual materials purchased by each customer (collectively “Personal
Viewing Information”). After Defendant discloses its customers’ Personal Viewing Information,
the various third-party recipients of this data then append to it a myriad of other categories of
personal and demographic data pertaining to those customers, only to then re-sell that Personal
Viewing Information (enhanced with the appended demographic information) to other third parties
2. Plaintiff brings this action for legal and equitable remedies to redress and put a stop
in knowing violation of the federal Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710.
3. The VPPA clearly prohibits what Defendant has done. Subsection (b)(1) of the
VPPA provides that, absent the consumer’s prior informed, written consent, any “video tape
service provider who knowingly discloses, to any person, personally identifiable information
concerning any consumer of such provider shall be liable to the aggrieved person for,” 18 U.S.C.
§ 2710(b)(1), inter alia, liquidated damages in the amount of $2,500.00 per violation and equitable
4. Thus, while Defendant profits handsomely from its unauthorized sale, rental,
transmission, and/or disclosure of its customers’ Personal Viewing Information, it does so at the
expense of its customers’ privacy and their statutory rights under the VPPA because Defendant
discloses its customers’ Personal Viewing Information to third parties without providing prior
violation of the VPPA has invaded Plaintiff’s and the other unnamed Class members’ privacy and
resulted in a barrage of unwanted junk mail to their home addresses and e-mail inboxes.
Defendant’s disclosures are also dangerous because they allow for the targeting of particularly
Viewing Information, any person or entity could buy a list with the names and addresses of all
women over the age of 40 who reside in Florida and have purchased the DVD titled "Yoga Booty
Ballet" from Defendant during the past 12 months. Such a list is available for sale for
unprecedented scale, it’s important that companies are held accountable for the exploitation of
their customers’ sensitive information. Defendant chose to disregard Plaintiff’s and thousands of
other consumers’ statutorily protected privacy rights by releasing their sensitive data into the data-
aggregation and brokerage marketplace. Accordingly, on behalf of herself and the putative Class
defined below, Plaintiff brings this Complaint against Defendant for intentionally and unlawfully
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7. The Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C.
Massachusetts and within this District; because Defendant transacted with Plaintiff in this District
and regularly enters into transactions with consumers in Massachusetts and within this District;
and because a substantial part of the unlawful conduct giving rise to Plaintiff’s claims occurred in,
was directed to, and/or emanated from within Massachusetts and this District.
PARTIES
9. Plaintiff is, and at all times alleged herein was, a natural person and citizen of
Winchester, Massachusetts. During the relevant time period, including the two years preceding
the filing of this action, Plaintiff purchased videos in DVD format, including the title “Brazil Butt
10. Defendant is a Delaware corporation with its principal place of business in Santa
Monica, California. Defendant does business throughout Massachusetts and across the United
States. Defendant is a creator and direct marketer of exercise and workout video products,
including DVDs, which Defendant sells to consumers on its website, over the phone in connection
with infomercials, and through postal mail, among other direct retail sales channels. The videos
created and sold by Defendant in DVD format include such widely known workout program titles
as P90X, Brazilian Butt Lift, and Yoga Booty Ballet, and 21 Day Fix Extreme.
11. In 1988, leading up to the VPPA’s enactment, members of the United States Senate
warned that “[e]very day Americans are forced to provide to businesses and others personal
information without having any control over where that information goes.” Id. Senators at the
time were particularly troubled by disclosures of records that reveal consumers’ purchases and
rentals of videos and other audiovisual materials. As Senator Patrick Leahy and the late Senator
Paul Simon recognized, records of this nature offer “a window into our loves, likes, and dislikes,”
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such that “the trail of information generated by every transaction that is now recorded and stored
in sophisticated record-keeping systems is a new, more subtle and pervasive form of surveillance.”
S. Rep. No. 100-599 at 7-8 (1988) (statements of Sens. Simon and Leahy, respectively).
12. In proposing the Video and Library Privacy Protection Act (later codified as the
VPPA), Senator Leahy stated that “[i]n practical terms our right to privacy protects the choice of
movies that we watch with our family in our own homes. And it protects the selection of books
that we choose to read.” 134 Cong. Rec. S5399 (May 10, 1988). Thus, the personal nature of such
information, and the need to protect it from disclosure, is the raison d’être of the statute: “These
activities are at the core of any definition of personhood. They reveal our likes and dislikes, our
interests and our whims. They say a great deal about our dreams and ambitions, our fears and our
hopes. They reflect our individuality, and they describe us as people.” Id.
13. While these statements rang true in 1988 when the act was passed, the importance
of legislation like the VPPA in the modern era of data mining is more pronounced than ever before.
During a recent Senate Judiciary Committee meeting, “The Video Privacy Protection Act:
Protecting Viewer Privacy in the 21st Century,” Senator Leahy emphasized the point by stating:
“While it is true that technology has changed over the years, we must stay faithful to our
fundamental right to privacy and freedom. Today, social networking, video streaming, the ‘cloud,’
mobile apps and other new technologies have revolutionized the availability of Americans’
information.” 1
14. One former senator may have summarized it best: “If someone wants to share what
they watch, I want them to be able to do so . . . But I want to make sure that consumers have the
right to easily control who finds out what they watch—and who doesn’t. The Video Privacy
1
The Video Privacy Protection Act: Protecting Viewer Privacy in the 21st Century, Senate
Judiciary Committee Subcommittee on Privacy, Technology and the Law, http://www.judiciary.
senate.gov/meetings/the-video-privacy-protection-act-protecting-viewer-privacy-in-the-
21stcentury.
2
Chairman Franken Holds Hearing on Updated Video Privacy Law for 21st Century,
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15. In this case, however, Defendant chose to deprive Plaintiff and the unnamed Class
members of that right by systematically disclosing their Personal Viewing Information to various
third parties, without providing notice to (let alone obtaining consent from) anyone, as explained
in detail below.
BACKGROUND FACTS
remarked that “the digital revolution . . . has given an enormous capacity to the acts of collecting
and transmitting and flowing of information, unlike anything we’ve ever seen in our lifetimes . . .
[and] individuals are concerned about being defined by the existing data on themselves.” 3
17. More than a decade later, Commissioner Swindle’s comments ring truer than ever,
as consumer data feeds an information marketplace that supports a $26 billion dollar per year
18. The FTC has also recognized that consumer data possesses inherent monetary value
purchase, trade, and collect massive databases of information about consumers. Data aggregators
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then profit by selling this “extraordinarily intrusive” information in an open and largely
unregulated market. 6
20. The scope of data aggregators’ knowledge about consumers is immense: “If you
are an American adult, the odds are that [they] know[] things like your age, race, sex, weight,
height, marital status, education level, politics, buying habits, household health worries, vacation
21. Further, “[a]s use of the Internet has grown, the data broker industry has already
evolved to take advantage of the increasingly specific pieces of information about consumers that
privacy, on July 25, 2012, the co-Chairmen of the Congressional Bi-Partisan Privacy Caucus sent
a letter to nine major data brokerage companies seeking information on how those companies
collect, store, and sell their massive collections of consumer data, stating in pertinent part:
6
See M. White, Big Data Knows What You’re Doing Right Now, TIME.com (July 31, 2012),
http://moneyland.time.com/2012/07/31/big-data-knows-what-youre-doing-right-now/ (last visited
May 13, 2019).
7
N. Singer, You for Sale: Mapping, and Sharing, the Consumer Genome, N.Y. Times (June
16, 2012), available at http://www.nytimes.com/2012/06/17/technology/acxiom-the-quiet-giant-
of- consumer-database-marketing.html (last visited May 13, 2019).
8
Letter from Sen. J. Rockefeller IV, Sen. Cmtee. on Commerce, Science, and
Transportation, to S. Howe, Chief Executive Officer, Acxiom (Oct. 9, 2012) available at
http://www.commerce.senate.gov/public/?a=Files.Serve&File_id=3bb94703-5ac8-4157-a97b-
a658c3c3061c.
9
See Bipartisan Group of Lawmakers Query Data Brokers About Practices Involving
Consumers’ Personal Information, Website of Sen. Markey (July 24, 2012),
http://www.markey.senate.gov/news/press-releases/bipartisan-group-of-lawmakers-query-data-
brokers-about-practices-involving-consumers-personal-information.
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often use consumer information to lure unsuspecting consumers into various scams, 10 including
fraudulent sweepstakes, charities, and buying clubs. Thus, when companies like Defendant share
information with data aggregators, data cooperatives, and direct-mail advertisers, they contribute
to the “[v]ast databases of names and personal information” that are often “sold to thieves by large
publicly traded companies,” which “put[s] almost anyone within the reach of fraudulent
24. Disclosures like Defendant’s are particularly dangerous to the elderly. “Older
Americans are perfect telemarketing customers, analysts say, because they are often at home, rely
on delivery services, and are lonely for the companionship that telephone callers provide.” 12 The
FTC notes that “[t]she elderly often are the deliberate targets of fraudulent telemarketers who take
advantage of the fact that many older people have cash reserves or other assets to spend on
25. Indeed, an entire black market exists while the personal information of vulnerable
elderly Americans is exchanged. Thus, information disclosures like Defendant’s are particularly
troublesome because of their cascading nature: “Once marked as receptive to [a specific] type of
spam, a consumer is often bombarded with similar fraudulent offers from a host of scam artists.” 14
10
See Prize Scams, Federal Trade Commission, http://www.consumer.ftc.gov/articles/0199-
prize-scams (last visited May 13, 2019).
11
C. Duhigg, Bilking the Elderly, With a Corporate Assist, N.Y. Times (May 20, 2007),
available at http://www.nytimes.com/2007/05/20/business/20tele.html (last visited May 13,
2019).
12
Id.
13
Fraud Against Seniors: Hearing before the Senate Special Committee on Aging (August
10, 2000) (prepared statement of the FTC), available at
https://www.ftc.gov/sites/default/files/documents/public_statements/prepared-statement-federal-
trade-commission-fraud-against-seniors/agingtestimony.pdf.
14
Id.
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26. Defendant is not alone in violating its customers’ statutory rights and jeopardizing
their well-being in exchange for increased revenue: disclosing customer and subscriber
information to data aggregators, data appenders, data cooperatives, direct marketers, and other
however, this growth has come at the expense of their most basic privacy rights.
II. Consumers Place Monetary Value on their Privacy and Consider Privacy
Practices When Making Purchases
27. As the data aggregation and cooperative industry has grown, so too have consumer
28. A recent survey conducted by Harris Interactive on behalf of TRUSTe, Inc. showed
that 89 percent of consumers polled avoid doing business with companies who they believe do not
protect their privacy online. 15 As a result, 81 percent of smartphone users polled said that they
avoid using smartphone apps that they don’t believe protect their privacy online. 16
incorporating privacy concerns and values into their purchasing decisions and companies viewed
as having weaker privacy protections are forced to offer greater value elsewhere (through better
30. In fact, consumers’ personal information has become such a valuable commodity
that companies are beginning to offer individuals the opportunity to sell their personal information
themselves. 17
the personal information marketplace: consumers recognize the economic value of their private
15
See 2014 TRUSTe US Consumer Confidence Privacy Report, TRUSTe,
http://www.theagitator.net/wp-content/uploads/012714_ConsumerConfidenceReport_US1.pdf
(last visited May 13, 2019).
16
Id.
17
See Joshua Brustein, Start-Ups Seek to Help Users Put a Price on Their Personal Data,
N.Y. Times (Feb. 12, 2012), available at http://www.nytimes.com/2012/02/13/technology/start-
ups-aim-to-help-users-put-a-price-on-their-personal-data.html (last visited May 13, 2019).
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data. Research shows that consumers are willing to pay a premium to purchase services from
companies that adhere to more stringent policies of protecting their personal data. 18
32. Thus, in today’s digital economy, individuals and businesses alike place a real,
quantifiable value on consumer data and corresponding privacy rights. 19 As such, while a business
offers customers a service that includes statutorily guaranteed privacy protections, yet fails to
honor these guarantees, the customer receives a service of less value than the service paid for.
III. Defendant Unlawfully Sells, Rents, Transmits, And Otherwise Discloses Its
Customers’ Personal Viewing Information
33. Defendant maintains a vast digital database comprised of its customers’ Personal
Viewing Information, including the names and addresses of each customer and information
reflecting the titles of all video and other audio-visual products that each of its customers have
purchased.
34. During the time period relevant to this action, Defendant has monetized this
database by renting, selling, or otherwise disclosing its customers’ Personal Viewing Information
to data aggregators, data miners, data brokers, data appenders, and other third parties.
35. These factual allegations are corroborated by publicly available evidence. For
instance, as shown in the screenshot below, the Personal Viewing Information of 216,098
American consumers who purchased Defendant’s video products is offered for sale on the website
of Multimedia Lists, Inc. (“MML”) – one of many traffickers of this type of Personal Viewing
18
See Tsai, Cranor, Acquisti, and Egelman, The Effect of Online Privacy Information on
Purchasing Behavior, 22(2) Information Systems Research 254, 254 (2011); see also European
Network and Information Security Agency, Study on monetising privacy (Feb. 27, 2012), available
at https://www.enisa.europa.eu/activities/identity-and-trust/library/deliverables/monetising-
privacy (last visited May 13, 2019).
19
See Hann, et al., The Value of Online Information Privacy: An Empirical Investigation
(Oct. 2003) at 2, available at
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.321.6125&rep=rep1&type=pdf (last
visited May 13, 2019) (“It is obvious that people value online privacy.”).
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36. The “BRAZIL BUTT LIFT TV INFOMERCIAL BUYER” list offered for sale by
MML, shown in the screenshot above, contains Personal Viewing Information for each of the
216,098 American consumers whose information appears on the list, including each person’s
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name, postal address, age, and gender, as well as the particular exercise or workout video
product(s) they purchased from Defendant (i.e., the titles of the DVDs purchased).
37. As a result of Defendant’s data compiling and sharing practices, companies have
obtained and continue to obtain the Personal Viewing Information of Defendant’s customers,
together with additional sensitive personal information that has been appended thereto by data
38. Plaintiff is informed and believes, and thereupon alleges, that numerous of the third
parties to whom Defendant has transmitted and/or otherwise disclosed its customers’ Personal
in turn sold, rented, transmitted, or otherwise disclosed that Personal Viewing Information
(together with other sensitive personal demographic and lifestyle information appended thereto by
data appenders and other entities) to other third parties, including other data brokers, data miners,
39. Defendant’s disclosures of Personal Viewing Information have put its customers at
risk of serious harm from scammers. For example, as a result of Defendant’s disclosures of
Personal Viewing Information, any person or entity could obtain a list with the names and
addresses of all women over the age of 40 who reside in Florida and have purchased the DVD
titled "Yoga Booty Ballet" from Defendant during the past 12 months. Such a list is available for
40. Defendant does not seek its customers’ prior written consent to the disclosure of
their Personal Viewing Information (in writing or otherwise) and its customers remain unaware
that their Personal Viewing Information and other sensitive data is being sold, rented and
41. By disclosing its customers’ names, addresses, and detailed video purchase
information – which can collectively “reveal intimate facts about our lives” 20 – Defendant has
20
California’s Reader Privacy Act Signed into Law, EFF (Oct. 3, 2011),
https://www.eff.org/press/archives/2011/10/03 (last visited May 14, 2019).
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intentionally and knowingly disclosed its customers’ Personal Viewing Information to third parties
PLAINTIFF’S EXPERIENCE
42. Plaintiff Heather W. Carbone has, during the past 24 months, purchased videos in
DVD format, including “Brazil Butt Lift,” directly from Defendant via a toll-free telephone hotline
43. Prior to and at the time she purchased videos in DVD format from Defendant via a
toll-free telephone hotline used in connection with its informercials, Defendant did not notify
Plaintiff that it would disclose the Personal Viewing Information of its customers generally or of
Plaintiff in particular, and Plaintiff has never consented, agreed, authorized, or otherwise permitted
Defendant to disclose her Personal Viewing Information to third parties. Plaintiff has never been
provided any written notice that Defendant sells, rents, licenses, exchanges, or otherwise discloses
its customers’ Personal Viewing Information, or any means of opting out of such disclosures of
44. Defendant nonetheless sold, rented, transmitted and/or otherwise disclosed, either
including, inter alia, Plaintiff’s name, postal address, age, and gender, as well as the particular
exercise or workout video product(s) Plaintiff purchased from Defendant (i.e., the titles of the
DVDs purchased) – to data miners, data appenders, data aggregators, marketing companies, and/or
other third parties, including without limitation MML, during the relevant time period.
45. Plaintiff is informed and believes, and thereupon alleges, that third parties to whom
Defendant transmitted and/or otherwise disclosed her Personal Viewing Information, including
without limitation MML, have in turn sold, rented, transmitted, and otherwise disclosed her
Personal Viewing Information (together with other sensitive personal demographic and lifestyle
information appended thereto by data appenders and other entities) to other third parties, including
but not limited to other data brokers, data miners, data appenders, and marketing companies.
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Plaintiff’s Personal Viewing Information to third parties, Plaintiff now receives junk mail from
various companies and other organizations that do not offer products or services through the mail.
These unwarranted and harassing junk mailings, which are attributable to Defendant’s
unauthorized sale, rental, and/or other disclosure of her Personal Viewing Information, have
47. Because Plaintiff is entitled by law to privacy in her Personal Viewing Information,
and paid money for the videos she purchased from Defendant, Defendant’s disclosure of her
Personal Viewing Information deprived Plaintiff of the full set of benefits to which she was entitled
as a part of her purchases, thereby causing her economic harm. Accordingly, what Plaintiff
received (videos without statutory privacy protections) was less valuable than what she paid for
(videos with statutory privacy protections), and she would not have been willing to pay as much,
if at all, for the videos she purchased from Defendant had she known that Defendant would disclose
her Personal Viewing Information. Plaintiff did not discover that Defendant sold, rented,
transmitted, and/or otherwise disclosed her Personal Viewing Information until August 2020.
CLASS ACTION ALLEGATIONS
48. Plaintiff brings this action pursuant to Federal Rules of Civil Procedure 23(a),
(b)(2), and (b)(3) on behalf of herself and a class of similarly situated residents (the “Class”),
defined as follows:
All persons in the United States who, at any time during the
applicable statutory period, had their Personal Viewing Information
disclosed to a third party by Defendant.
49. Excluded from the Class is any entity in which Defendant has a controlling interest,
50. Members of the Class are so numerous that their individual joinder herein is
impracticable, as they number, on information and belief, in the hundreds of thousands. The
precise number of members of the Class and their identities are unknown to Plaintiff at this time,
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but such information may readily be determined through discovery. Members of the Class may
be notified of the pendency of this action by mail and/or publication through the distribution
records of Defendant.
51. Common questions of law and fact exist as to all members of the Class and
predominate over questions affecting only individual members of the Class. Common legal and
factual questions include, but are not limited to: (1) whether Defendant unlawfully disclosed and
continues to unlawfully disclose Plaintiff’s and the Class’s Personal Viewing Information in
violation of the VPPA; (2) whether Defendant’s disclosures were committed knowingly; (3)
whether Defendant obtained the requisite consent before disclosing Plaintiff’s and the Class’s
Personal Viewing Information; (4) whether Defendant was unjustly enriched by its disclosures of
Plaintiff’s and the Class’s Personal Viewing Information; and (5) whether Defendant violated
52. The claim of the named Plaintiff is typical of the claims of the Class in that the
Plaintiff, like all unnamed Class members, sustained damages as a result of Defendant’s uniform
53. Plaintiff is an adequate representative of the Class because her interests do not
conflict with the interests of the members of the Class she seeks to represent, she has retained
competent counsel experienced in prosecuting class actions, and she intends to prosecute this
action vigorously. The interests of the members of the Class will be fairly and adequately protected
54. The class mechanism is superior to other available means for the fair and efficient
adjudication of the claims of the members of the Class. Individual members of the Class may lack
the resources to undergo the burden and expense of individual prosecution of the complex and
the delay and expense to all parties and multiplies the burden on the judicial system presented by
the complex legal and factual issues of this case. Individualized litigation also presents a potential
for inconsistent or contradictory judgments. In contrast, the class action device presents far fewer
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management difficulties and provides the benefits of single adjudication, economy of scale, and
comprehensive supervision by a single court on the issue of Defendant’s liability. Class treatment
of the liability issues will ensure that all claims and claimants are before this Court for consistent
FIRST COUNT
VIOLATION OF THE VPPA (18 U.S.C. § 2710)
(Brought by Plaintiff Individually and
on Behalf of the Class Against Defendant)
55. Plaintiff repeats the allegations contained in the foregoing paragraphs as if fully set
forth herein.
56. Defendant is a “video tape service provider as defined by the VPPA because it
delivery or prerecorded video cassette tapes or similar audio visual materials,” 18 U.S.C. §
2710(a)(4), inasmuch as it sells and delivers prerecorded exercise and workout videos and other
multimedia titles, including videos in DVD format (i.e., “similar audio visual materials” under the
VPPA’s definition), to consumers across the United States, including via a toll-free telephone
57. The videos in DVD format sold by Defendant and purchased by Plaintiff and the
Class members constitute “audio visual materials” that are “similar” to “prerecorded video cassette
goods,” i.e., prerecorded videos in DVD format, “from [Defendant,] a video tape service provider,”
18 U.S.C. § 2710(a)(1), during the 24-month period preceding the filing of this action.
59. At various times relevant to this action, including subsequent to Plaintiff’s purchase
of videos in DVD format from Defendant within the preceding 24-month period, Defendant
disclosed Plaintiff’s Personal Viewing Information, including Plaintiff’s name, postal address, age,
and gender, as well as the particular exercise or workout video product(s) Plaintiff purchased from
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Defendant (i.e., the titles of the DVDs purchased), to various third parties, including data
aggregators, data appenders, and marketing companies, including without limitation MML.
§ 2710(b)(1).
61. Plaintiff and the members of the Class never consented, in writing or otherwise,
Worse yet, Plaintiff and the members of the Class did not even receive notice before Defendant
Information were not made pursuant to lawful compulsion. Nor were Defendant’s disclosures
made in the “ordinary course of business” as the term is defined by the VPPA. In particular,
Defendant’s disclosures were not necessary for “debt collection activities, order fulfillment,
Information were made to various third parties – including, but not limited to, data aggregators,
data appenders, data cooperatives, direct-mail advertisers, marketers, other third parties, and
anyone else willing to pay for it – in order to increase Defendant’s corporate revenues.
64. Plaintiff is informed and believe that third-party recipients of her Personal Viewing
Personal Viewing Information additional categories of sensitive information from their own
databases and re-disclosed this “enhanced” Personal Viewing Information to other third parties,
including on behalf of Defendant. Because the lists of Personal Viewing Information disclosed by
Defendant and redisclosed by other downstream entities on its behalf included additional
information appended by data aggregators and appenders, these “enhanced” lists of Personal
Viewing Information were more valuable, and Defendant and the other third-party traffickers of
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such data were able to increase their profits gained from the rentals and/or exchanges of such lists,
including those containing Plaintiff’s and the Class’s Personal Viewing Information.
65. By disclosing Plaintiff’s and the Class’s Personal Viewing Information, Defendant
violated Plaintiff’s and the unnamed Class members’ statutorily protected right to privacy in their
has also caused an influx of third-party print advertisements and e-mail spam to her postal mailbox
67. Additionally, because Plaintiff and the members of the Class paid Defendant for
the videos they purchased from Defendant, and because Defendant was obligated to comply with
the VPPA, Defendant’s unlawful disclosure of Plaintiff’s and the other Class members’ Personal
Viewing Information deprived Plaintiff and the Class members of the full value of their paid-for
videos. Because Plaintiff and the other Class members ascribe monetary value to the privacy of
their Personal Viewing Information, Defendant’s unlawful sales, rentals, transmissions, and/or
other disclosures of their Personal Viewing Information caused them to receive less value than
they paid for, thereby causing them economic harm. Likewise, because Plaintiff and the other
Class members ascribe monetary value to the privacy of their Personal Viewing Information, a
purchase of videos from Defendant that includes privacy protections for their Personal Viewing
Information is more valuable than one that does not. Accordingly, had Plaintiff been adequately
informed of Defendant’s disclosure practices, she would not have been willing to purchase the
videos that she bought from Defendant at the prices charged, if at all. Thus, Defendant’s unlawful
Information, Plaintiff and the members of the Class have suffered privacy and economic injuries.
On behalf of herself and the Class, Plaintiff seeks: (1) an injunction requiring Defendant to obtain
consent from its customers prior to disclosing their Personal Viewing Information as required by
the VPPA, 18 U.S.C. § 2710(c)(2)(D); (2) $2,500.00 per violation of the VPPA to Plaintiff and
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Class members, and punitive damages in an amount to be determined at trial, id. § 2710(c)(2)(A)-
(B); and (3) costs and reasonable attorneys’ fees pursuant to the VPPA, id. § 2710(c)(2)(C).
A. For an order certifying the Class under Rule 23 of the Federal Rules of Civil
Procedure and naming Plaintiff as representative of the Class and Plaintiff’s attorneys as Class
B. For an order declaring that Defendant’s conduct as described herein violates the
C. For an order finding in favor of Plaintiff and the Class on all counts asserted herein;
D. For Defendant to pay $2,500.00 to Plaintiff and each Class member, as provided by
U.S.C. § 2710(c)(2)(B);
G. For an order of restitution and all other forms of equitable monetary relief;
H. For injunctive relief as pleaded or as the Court may deem proper; and
I. For an order awarding Plaintiff and the Class their reasonable attorneys’ fees and
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Plaintiff, on behalf of herself and the Class, hereby demands a trial by jury pursuant to
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EXHIBIT A
8/23/2020 Mailing Document
Case 1:20-cv-11608 List: Brazil Butt Lift
1 TVFiled
Infomercial Buyer by Multimedia
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EXHIBIT A
800-239-LIST (5478) [email protected]
U a
LIST SERVICES
OUR LISTS
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NextMark 487119
216,098 TOTAL UNIVERSE / BASE RATE $90.00/M
Manager
14,085 Hotline Buyers + $10.00/M
UNIVERSE
216,098
DESCRIPTION
LIST TYPE
The secret is Leandro's proven TriAngle Training method, which
Consumer
works all three major muscles of the buttocks from multiple
angles to:
SOURCE
SELECTS
Leandro combines Brazilian dance, cardio, and signature lower-
Age 5.00/M
body sculpting moves to help you look divine from behind!
Hotline 10.00/M
SCF 5.00/M
GEOGRAPHY
USA
Average: $19.95
MINIMUM ORDER
Quantity: 5,000
Dollar: $350
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NET NAME ARRANGEMENTS
Floor: 85%
Run Charges: $ 6 /M
EXCHANGES
KEY CODING
ADDRESSING
Email $50.00/F
FTP $50.00/F
CONTACTS
= Primary contact
Terms of Use
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Phone Number:
800-239-5478
Email:
[email protected]
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