Lachapelle V. Hearst Communications, Inc

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Case 1:18-cv-00534 Document 1 Filed 09/25/18 Page 1 of 24 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

CHRISTINA LACHAPELLE, individually and on behalf of all others similarly situated, Civil Action No.:

Plaintiff, CLASS ACTION COMPLAINT

v. JURY TRIAL DEMANDED

HEARST COMMUNICATIONS, INC.,

Defendant.

Plaintiff Christina Lachapelle (“Plaintiff”), individually and on behalf of herself and all others similarly situated, by and through her attorneys, makes the following allegations pursuant to the investigation of her counsel and based upon information and belief, except as to allegations specifically pertaining to herself and her counsel, which are based on personal knowledge.

INTRODUCTION

1. Defendant Hearst Communications, Inc. (“Hearst”) licensed, rented, exchanged, and/or otherwise disclosed personal information about Plaintiff Christina Lachapelle’s Woman’s

Day magazine subscription to data aggregators, data appenders, data cooperatives, and list brokers, among others, which in turn disclosed her information to aggressive advertisers, political organizations, and non-profit companies. As a result, Ms. Lachapelle has received a barrage of unwanted junk mail. By licensing, renting, exchanging, and/or otherwise disclosing

Ms. Lachapelle’s Personal Reading Information (defined below), Hearst violated Rhode Island’s

Video, Audio and Publication Rentals Privacy Act, General Laws § 11-18-32 (the “RIVRPA”).

2. Documented evidence confirms these facts. For example, a list broker, Case 1:18-cv-00534 Document 1 Filed 09/25/18 Page 2 of 24 PageID #: 2

American List Counsel, Inc., (“ALC”) offers to provide renters access to the Personal Reading

Information of 8,804,819 subscribers from the “Hearst Masterfile” list at a base price of “$110/M

[per thousand],” (i.e., 11 cents apiece).

See Complaint Ex. B.

3. Renters are able to access the Personal Reading Information of Hearst

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subscribers based on, but not limited to, “age,” “income,” “ethnic/religious,” and “political party.” Id.

4. Hearst also offers access to its “Hearst Masterfile – Young Families” list, which

“includes families with children age 0-18,” at the same base rate of “$110/M.”

See Complaint Ex. C.

5. Hearst also offers access to its “Hearst Masterfile – Ethnic & Religious” list at the same base rate of “$110/M.”

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See Complaint Ex. D. According to the list offering, for an additional $16/M, renters can select

Hearst subscribers who are “African American,” “Jewish,” or “Hispanic,” among other demographic categories. Id.

6. Rhode Island’s RIVRPA clearly prohibits what Hearst has done. Subsection (a) of the RIVRPA provides:

It shall be unlawful for any person to reveal, transmit, publish, or disseminate in any manner, any records which would identify the names and addresses of individuals, with the titles or nature of video films, records, cassettes, or the like, which they purchased, leased, rented, or borrowed, from libraries, book stores, video stores, or record and cassette shops or any retailer or distributor of those products, whether or not the identities and listings are kept in

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a remote computing service or electronic storage or the disclosure is made through or by a remote computing service.

R.I. Gen. Laws § 11-18-32(a).

7. Accordingly, Plaintiff brings this Class Action Complaint against Hearst for its intentional and unlawful disclosure of its customers’ Personal Reading Information in violation of the RIVRPA, and for unjust enrichment.

NATURE OF THE CASE

8. To supplement its revenues, Hearst licenses, rents, exchanges, or otherwise discloses its customers’ personal information—including their full names, titles of magazines subscribed to, and home addresses (collectively “Personal Reading Information”), as well as myriad other personal, lifestyle, and demographic information such as gender, age, ethnicity, income, religion, parental status, and political affiliation—to data aggregators, data appenders, data cooperatives, and other third parties without the written consent of its customers.

9. Indeed, Hearst receives licensing fees in exchange for its subscribers’ information.

10. By licensing, renting, exchanging, or otherwise disclosing – rather than selling – its customers’ Personal Reading Information, Hearst is able to disclose the information multiple times to third parties.

11. Hearst’s disclosure of Personal Reading Information, and other personal, demographic, and lifestyle information is not only unlawful, but also dangerous because it allows for the targeting of particularly vulnerable members of society. In fact, almost any organization can rent a customer list from Hearst that contains a number of categories of detailed subscriber information. For example, almost any organization could rent a list with the names and addresses of all Woman’s Day customers who are Spanish speaking, female, over the age of 80,

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with no children in the household, and with a net worth of greater than $500,000. Hearst would rent such a list for approximately $180 per thousand customers listed.

12. While Hearst profits handsomely from the unauthorized license, rental, exchange, and/or disclosure of its customers’ Personal Reading Information and other personal information, it does so at the expense of its customers’ privacy and statutory rights because

Hearst does not obtain its customers’ written consent prior to disclosing their Personal Reading

Information.

PARTIES

13. Plaintiff Christina Lachapelle is a natural person and citizen of the State of Rhode

Island. Plaintiff Lachapelle is a subscriber to Woman’s Day magazine, which is published by

Hearst. Plaintiff Lachapelle purchased her subscription to Woman’s Day magazine directly from

Hearst. Prior to and at the time she subscribed to Woman’s Day, Hearst did not notify Plaintiff

Lachapelle that it discloses the Personal Reading Information of its customers, and Plaintiff

Lachapelle has never authorized Hearst to do so. Furthermore, Plaintiff Lachapelle was never provided any written notice that Hearst licenses, rents, exchanges, or otherwise discloses its customers’ Personal Reading Information, or any means of opting out. Since subscribing to

Woman’s Day, Hearst licensed and/or disclosed, without consent or prior notice, Plaintiff

Lachapelle’s Personal Reading Information to data aggregators and data cooperatives, who then supplement that information with data from their own files. Moreover, during that same period,

Hearst rented or exchanged mailing lists containing Plaintiff Lachapelle’s Personal Reading

Information to third parties seeking to contact Hearst subscribers, without first obtaining Plaintiff

Lachapelle’s written consent or even giving her prior notice of the licenses, rentals, exchanges, and/or other disclosures. Because Hearst licensed, rented, exchanged, and/or otherwise disclosed her Personal Reading Information, Plaintiff Lachapelle now receives junk mail from non-profit 6

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companies and other organizations that do not offer products or services through the mail. These unwarranted mailings waste Plaintiff Lachapelle’s time, money, and resources. These harassing junk mailings received by Plaintiff Lachapelle are attributable to Hearst’s unauthorized license, rental, exchange, and/or disclosure of her Personal Reading Information. Because Plaintiff

Lachapelle is entitled by law to privacy in her Personal Reading Information, and because she paid money for her subscription, Hearst’s disclosure of her Personal Reading Information deprived Plaintiff Lachapelle of the full set of benefits to which she was entitled as a part of her

Woman’s Day subscription, thereby causing economic harm. Accordingly, what Plaintiff

Lachapelle received (a subscription without statutory privacy protections) was less valuable than what she paid for (a subscription with accompanying statutory privacy protections), and she would not have been willing to pay as much, if at all, for her Woman’s Day subscription had she known that Hearst would disclose her Personal Reading Information.

14. Defendant Hearst Communications, Inc. is a Delaware corporation with its principal place of business at 300 West 57th Street, New York, NY 10019. Hearst does business throughout Rhode Island, New York, and the entire United States.

JURISDICTION AND VENUE

15. This Court has subject matter jurisdiction over this civil action pursuant to 28

U.S.C. § 1332(d) because there are more than 100 class members and the aggregate amount in controversy exceeds $5,000,000, exclusive of interest, fees, and costs, and at least one Class member is a citizen of a state different from Defendants. This Court has supplemental jurisdiction over state law claims pursuant to 28 U.S.C. § 1367.

16. This Court has personal jurisdiction over Hearst because Hearst conducts substantial business within Rhode Island, such that Hearst has significant, continuous, and

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pervasive contacts with the State of Rhode Island.

17. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because Hearst does substantial business in this District and a substantial part of the events giving rise to

Plaintiff’s claims took place within this judicial District.

FACTUAL BACKGROUND

Rhode Island’s Video, Audio, And Publication Rentals Privacy Act

18. In 1988, members of the United States Senate warned that records of consumers’ purchases and rentals of audiovisual and publication materials offer “a window into our loves, likes, and dislikes,” and 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).

19. Recognizing the need to further protect its citizens’ privacy rights, Rhode

Island’s legislature enacted the RIVRPA to “prohibit[] the revealing of records relating to the rental of video or audio tapes or publications.” Explanation By The Legislate Council, attached as Exhibit A.

20. Subsection (a) of the RIVRPA states:

R.I. Gen. Laws § 11-18-32(a).

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21. Rhode Island’s protection of reading information reflects the “gut feeling that people ought to be able to read books and watch films without the whole world knowing,” and recognizes that “[b]ooks and films are the intellectual vitamins that fuel the growth of individual thought. The whole process of intellectual growth is one of privacy—of quiet, and reflection.

This intimate process should be protected from the disruptive intrusion of a roving eye.” S. Rep.

No. 100–599, at 6 (Statement of Rep. McCandless).

22. As Senator Patrick Leahy recognized in proposing the Video and Library Privacy

Protection Act (later codified as the Video Privacy Protection Act, 18 U.S.C. § 2710), “[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).

23. Senator Leahy also explained why choices in movies and reading materials are so private: “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.

24. Despite the fact that thousands of Rhode Island residents subscribe to Hearst’s publications, Hearst disregarded its legal responsibility by systematically violating the RIVRPA.

The Personal Information Market: Consumers’ Personal Information Has Real Value

25. In 2001, Federal Trade Commission (“FTC”) Commissioner Orson Swindle 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 . . .

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[and] individuals are concerned about being defined by the existing data on themselves.”1

26. 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 online advertising industry in the United States.2

27. The FTC has also recognized that consumer data possesses inherent monetary value within the new information marketplace and publicly stated that:

Most consumers cannot begin to comprehend the types and amount of information collected by businesses, or why their information may be commercially valuable. Data is currency. The larger the data set, the greater potential for analysis—and profit.3

28. In fact, an entire industry exists while companies known as data aggregators purchase, trade, and collect massive databases of information about consumers. Data aggregators then profit by selling this “extraordinarily intrusive” information in an open and largely unregulated market.4

29. 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,

1 The Information Marketplace: Merging and Exchanging Consumer Data (Mar. 13, 2001), at 8:15-11:16, available at https://www.ftc.gov/sites/default/files/documents/public_events/information-marketplace- merging-and-exchanging-consumer-data/transcript.pdf (last visited Aug. 30, 2018).

2 See Web’s Hot New Commodity: Privacy, WSJ.com (Feb. 28, 2011), http://online.wsj.com/article/SB10001424052748703529004576160764037920274 .html (last visited Aug. 30, 2018). 3 Statement of FTC Commissioner Pamela Jones Harbour (Dec. 7, 2009), at 2, available at https://www.ftc.gov/sites/default/files/documents/public_statements/remarks-ftc- exploring-privacy-roundtable/091207privacyroundtable.pdf (last visited Aug. 30, 2018) (emphasis added).

4 See Martha C. 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 Aug. 30, 2018).

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weight, height, marital status, education level, politics, buying habits, household health worries, vacation dreams—and on and on.”5

30. 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 are now available.”6

31. Recognizing the serious threat the data mining industry poses to consumers’ 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.7

32. In their letter, the co-Chairmen recognized that:

By combining data from numerous offline and online sources, data brokers have developed hidden dossiers on every U.S. consumer. This large[-]scale aggregation of the personal information of hundreds of millions of American citizens raises a number of serious privacy concerns.8

33. Data aggregation is especially troublesome when consumer information is sold

5 Natasha 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 Aug. 30, 2018).

6 Letter from Senator John D. Rockefeller IV, Chairman, Senate Committee on Commerce, Science, and Transportation, to Scott E. 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 (last visited Aug. 30, 2018).

7 See Bipartisan Group of Lawmakers Query Data Brokers About Practices Involving Consumers’ Personal Information, Website of Senator Ed 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 (last visited Aug. 30, 2018).

8 Id.

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to direct-mail advertisers. In addition to causing waste and inconvenience, direct-mail advertisers often use consumer information to lure unsuspecting consumers into various scams,9 including fraudulent sweepstakes, charities, and buying clubs. Thus, when companies like

Hearst 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 telemarketers” and other criminals.10

34. Information disclosures like Hearst’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.”11 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 seemingly attractive offers.”12

35. Indeed, an entire black market exists while the personal information of vulnerable elderly Americans is exchanged. Thus, information disclosures like Hearst’s are

9 See Prize Scams, Federal Trade Commission, http://www.consumer.ftc.gov/articles/0199-prize- scams (last visited Aug. 30, 2018).

10 Charles 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?pagewanted=all&_r=0 (last visited Aug. 30, 2018).

11 Id.

12 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 (last visited Aug. 30, 2018).

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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.”13

36. Hearst is not alone in jeopardizing its subscribers’ privacy and well-being in exchange for increased revenue: disclosing subscriber information to data aggregators, data appenders, data cooperatives, direct marketers, and other third parties is a widespread practice in the publishing industry.

37. Thus, as consumer data has become an ever-more valuable commodity, the data mining industry has experienced rapid and massive growth. Unfortunately for consumers, this growth has come at the expense of their most basic privacy rights.

Consumers Place Monetary Value on their Privacy and Consider Privacy Practices When Making Purchases

38. As the data aggregation and cooperative industry has grown, so too have consumer concerns regarding the privacy of their personal information.

39. 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.14 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.15

40. Thus, as consumer privacy concerns grow, consumers are increasingly

13 See id.

14 See 2014 TRUSTe US Consumer Confidence Privacy Report, TRUSTe, http://www.theagitator.net/wp-content/uploads/012714_ConsumerConfidenceReport_US1.pdf (last visited Aug. 30, 2018).

15 Id.

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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 quality and/or lower prices) than their privacy- protective competitors.

41. 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.16

42. These companies’ business models capitalize on a fundamental tenet underlying the personal information marketplace: consumers recognize the economic value of their private 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.17

43. Thus, in today’s economy, individuals and businesses alike place a real, quantifiable value on consumer data and corresponding privacy rights.18 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.

16 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 Aug. 30, 2018).

17 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 Aug. 30, 2018).

18 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 Aug. 30, 2018) (“The real policy issue is not whether consumers value online privacy. It is obvious that people value online privacy.”) 14

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Hearst Unlawfully Licenses, Rents, Exchanges, And Discloses Its Customers’ Personal Reading Information

44. Hearst maintains a vast digital database comprised of its subscribers’ Personal

Reading Information across all publication titles. Hearst discloses its subscribers’ Personal

Reading Information to data aggregators and appenders who then supplement that information with additional sensitive personal information about each Hearst customer, including gender, purchasing habits, political affiliation, religious practice, charitable donations, and (when applicable) number, age, and gender of the subscriber’s children. (See, e.g., Exhibits B-D).

45. Hearst then rents, exchanges and/or discloses its mailing lists—which include subscribers’ Personal Reading Information identifying which individuals purchased which magazines, and can include the sensitive information obtained from data aggregators and appenders—to other data aggregators and appenders, other consumer-facing businesses, non- profit organizations seeking to raise awareness and solicit donations, and to political organizations soliciting donations, votes, and volunteer efforts. (See Exhibits B–D).

46. Hearst also licenses and/or discloses its subscribers’ Personal Reading

Information to data cooperatives, who in turn, either give Hearst money or access to their own mailing list databases.

47. As a result of Hearst’s data compiling and sharing practices, companies can purchase and/or obtain mailing lists from Hearst that identify Hearst customers by their most intimate details: income, political affiliation, religious practice, and charitable donations.

Hearst’s disclosure of such sensitive and personal information puts consumers, especially the more vulnerable members of society, at risk of serious harm from scammers. For example,

Hearst will rent—to almost any organization willing to pay for it—a list with the names and addresses of all Woman’s Day customers who are Jewish, Republican, single, over the age of 80,

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with a net worth of greater than $500,000, no children in the household, and a history of charitable donations.

48. Hearst does not seek its customers’ prior written consent to any of these disclosures and its customers remain unaware that their Personal Reading Information and other sensitive personal information is being rented and exchanged on the open market.

49. Consumers can sign up for Hearst subscriptions through numerous media outlets, including the Internet, telephone, or traditional mail. Regardless of how the consumer subscribes, Hearst never requires the individual to read or agree to any terms of service, privacy policy, or information-sharing policy. Consequently, Hearst uniformly fails to obtain any form of consent from – or even provide effective notice to – its customers before disclosing their

Personal Reading Information.

50. As a result, Hearst disclosed its customers’ Personal Reading Information – including their reading habits and preferences that can “reveal intimate facts about our lives, from our political and religious beliefs to our health concerns”19 – to anybody willing to pay for it.

51. By and through these actions, Hearst has intentionally disclosed to third parties its Rhode Island customers’ Personal Reading Information without consent, in direct violation of the RIVRPA.

CLASS ACTION ALLEGATIONS

52. Plaintiff seeks to represent a class defined as all Rhode Island residents who had their Personal Reading Information disclosed to third parties by Hearst without consent (the

19 California’s Reader Privacy Act Signed into Law, Electronic Frontier Foundation (Oct. 3, 2011), https://www.eff.org/press/archives/2011/10/03 (last visited Aug. 30, 2018). 16

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“Class”). Excluded from the Class is any entity in which Defendant has a controlling interest, and officers or directors of Defendant.

53. Members of the Class are so numerous that their individual joinder herein is impracticable. On information and belief, members of the Class number in the thousands. The precise number of Class members and their identities are unknown to Plaintiff at this time but may be determined through discovery. Class members may be notified of the pendency of this action by mail and/or publication through the distribution records of Defendant.

54. Common questions of law and fact exist as to all Class members and predominate over questions affecting only individual Class members. Common legal and factual questions include, but are not limited to: (a) whether Hearst is a “retailer or distributor” of publications

(i.e., magazines); (b) whether Hearst obtained consent before disclosing to third parties

Plaintiff’s and the Class’s Personal Reading Information; (c) whether Hearst’s disclosure of

Plaintiff’s and the Class’s Personal Reading Information violated Rhode Island General Laws §

11-18-32; and (d) whether Hearst’s license, rental, exchange, and/or disclosure of Plaintiff’s and the Class’s Personal reading Information constitutes unjust enrichment.

55. The claims of the named Plaintiff are typical of the claims of the Class in that the named Plaintiff and the Class sustained damages as a result of Defendant’s uniform wrongful conduct, based upon Defendant’s disclosure of Plaintiff’s and the Class’s Personal Reading

Information.

56. Plaintiff is an adequate representative of the Class because her interests do not conflict with the interests of the Class members 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 Class members will be fairly and adequately protected by

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Plaintiff and her counsel.

57. The class mechanism is superior to other available means for the fair and efficient adjudication of the claims of Class members. Each individual Class member may lack the resources to undergo the burden and expense of individual prosecution of the complex and extensive litigation necessary to establish Defendant’s liability. Individualized litigation increases 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 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 adjudication of the liability issues.

COUNT I Violation of the Video, Audio and Publication Rentals Privacy Act (R.I. Gen. Laws § 11-18-32)

58. Plaintiff repeats the allegations contained in the foregoing paragraphs as if fully set forth herein.

59. Plaintiff brings this claim individually and on behalf of members of the Class against Defendant Hearst.

60. As a magazine publisher that sells subscriptions to consumers, Hearst is a retailer or distributor of publications. See R.I. Gen. Laws § 11-18-32(a).

61. By purchasing a subscription to Woman’s Day, Plaintiff purchased a publication from Hearst. See R.I. Gen. Laws § 11-18-32(a).

62. Woman’s Day magazine is a publication within the meaning of R.I. Gen.

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Laws § 11-18-32.

63. Indeed, Hearst refers to Woman’s Day magazine as a “publication.”

64. At all times relevant, and beginning on the dates Plaintiff initiated her Woman’s

Day subscription, Hearst disclosed Plaintiff’s Personal Reading Information, which identified her as a Woman’s Day customer, in at least three ways.

65. First, Hearst disclosed mailing lists containing Plaintiff’s Personal Reading

Information to data aggregators and data appenders, who then supplemented the mailing lists with additional sensitive information from their own databases, before sending the mailing lists back to Hearst.

66. Second, Hearst licensed and/or disclosed mailing lists containing Plaintiff’s

Personal Reading Information to data cooperatives, who in turn either gave Hearst money or access to their own mailing list databases.

67. Third, Hearst rented and/or exchanged its mailing lists containing Plaintiff’s

Personal Reading Information—enhanced with additional information from data aggregators and appenders—to third parties, including other consumer-facing companies, direct-mail advertisers, and organizations soliciting monetary contributions, volunteer work, and votes.

68. Because the mailing lists included the additional information from the data aggregators and appenders, the lists were more valuable, and Hearst was able to increase its profits gained from the mailing list rentals and/or exchanges.

69. By renting, exchanging, or otherwise disclosing its customer lists, Hearst disclosed to persons other than Plaintiff records which would identify her name and address with the title of the publication she purchased. See R.I. Gen. Laws § 11-18-32(a).

70. Plaintiff and the members of the Class never consented to Hearst disclosing their

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Personal Reading Information to anyone.

71. Worse yet, Plaintiff and the members of the Class did not receive notice before

Hearst disclosed their Personal Reading Information to third parties.

72. On information and belief, Hearst’s disclosures of Plaintiff’s and the Class’s

Personal Reading Information were not made pursuant to lawful compulsion.

73. Hearst’s disclosures were not made to other employees of Hearst incident to the normal course of their work. Hearst’s disclosures of Plaintiff’s Personal Reading Information were made to third parties, including, but not limited to, data aggregators, data appenders, data cooperatives, direct-mail advertisers, and organizations soliciting monetary contributions, volunteer work, and votes—all in order to increase Hearst’s revenue.

74. By disclosing Plaintiff’s Personal Reading Information, Hearst violated Plaintiff’s and the Class’s statutorily-protected right to privacy in their reading habits. See R.I. Gen. Laws

§ 11-18-32(a).

75. Additionally, because Plaintiff and the members of the Class paid for their subscriptions to Hearst’s publications, and Hearst was obligated to comply with the RIVRPA,

Hearst’s unlawful disclosure of Plaintiff’s and the other Class members’ Personal Reading

Information deprived Plaintiff and the Class members of the full value of their paid-for subscriptions. Because Plaintiff and the other Class members ascribe monetary value to the privacy of their Personal Reading Information, Hearst’s unlawful rental, exchange, and/or other disclosure of their Personal Reading Information caused them to receive less value than they paid for, thereby causing them economic harm.

76. Likewise, because Plaintiff and the other Class members ascribe monetary value to the privacy of their Personal Reading Information, a magazine publication subscription that

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keeps their Personal Reading Information private is more valuable than one that does not.

77. Accordingly, had Plaintiff been adequately informed of Hearst’s disclosure practices, she would not have been willing to purchase her Woman’s Day subscription at the price charged, if at all. Thus, Hearst’s unlawful disclosures caused Plaintiff economic harm.

78. Hearst’s disclosure of Plaintiff’s Personal Reading Information to third parties has also caused an influx of third party print advertisements.

79. As a result of Hearst’s unlawful disclosure of their Personal Reading 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 Hearst to obtain consent from Rhode Island customers prior to the disclosure of their Personal Reading

Information as required by the RIVRPA; (2) actual damages or $250.00, whichever is greater, for each violation, per Class member pursuant to R.I. Gen. Laws § 11-18-32(d); and (3) costs and reasonable attorneys’ fees pursuant to R.I. Gen. Laws § 11-18-32(d).

COUNT II Unjust Enrichment

80. Plaintiff repeats the allegations contained in the paragraphs above as if fully set forth herein.

81. Plaintiff brings this claim individually and on behalf of the members of the Class against Defendant Hearst.

82. Plaintiff and the Class members conferred benefits on Hearst by providing Hearst with their Personal Reading Information and paying Hearst for their magazine publication subscriptions.

83. Hearst received and retained the information and money belonging to Plaintiff and the Class when Plaintiff and the Class subscribed to Hearst’s publications.

Case 1:18-cv-00534 Document 1 Filed 09/25/18 Page 22 of 24 PageID #: 22

84. Because Hearst received and processed Plaintiff’s and the Class’s subscription payments and Personal Reading Information, and because Hearst has employees and/or agents handling customer accounts and billing as well as customer data, Hearst appreciates or has knowledge of such benefits.

85. Under the RIVRPA, Plaintiff and the Class members were entitled to confidentiality in their Personal Reading Information as part of their subscriptions.

86. Under principles of equity and good conscience, because Hearst failed to comply with the RIVRPA, Hearst should not be allowed to retain the full amount of money Plaintiff and the Class paid for their subscriptions or the money it received by renting, exchanging, and/or otherwise disclosing Plaintiff’s and the Class’s Personal Reading Information.

87. Moreover, Hearst should not be allowed to retain the monies it received as a result of licensing, renting, exchanging, and/or otherwise disclosing Plaintiff’s and the Class’s Personal

Reading Information.

88. Plaintiff and the other Class members have suffered actual damages as a result of

Hearst’s unlawful conduct in the form of the value Plaintiff and the other Class members paid for and ascribed to the confidentiality of their Personal Reading Information. This amount is tangible and will be calculated at trial.

89. Additionally, Plaintiff and the Class members have suffered actual damages inasmuch as Hearst’s failure to inform them that it would disclose their Personal Reading

Information caused them to purchase magazine publication subscriptions when they otherwise would not have.

90. Further, a portion of the purchase price of each Hearst magazine subscription sold to Plaintiff and the other Class members was intended to ensure the confidentiality of Plaintiff’s

Case 1:18-cv-00534 Document 1 Filed 09/25/18 Page 23 of 24 PageID #: 23

and the other Class members’ Personal Reading Information, as required by the RIVRPA.

Because Plaintiff and the other Class members were denied services that they paid for and were entitled to receive—i.e., confidentiality of their Personal Reading Information—and because

Plaintiff and the Class would have commanded a discount to voluntarily forego those benefits, they incurred actual monetary damages.

91. To prevent inequity, Hearst should return to Plaintiff and the Class the value they ascribe to confidentiality of their Personal Reading Information and all money derived from

Hearst’s rental, exchange, and/or other disclosure of Plaintiff’s and the Class’s Personal Reading

Information.

92. Accordingly, Plaintiff and the Class members seek an order declaring that

Hearst’s conduct constitutes unjust enrichment, and awarding Plaintiff and the Class restitution in an amount to be calculated at trial equal to the amount of money obtained by Hearst through its rental, exchange, and/or other disclosure of Plaintiff’s and the Class’s Personal Reading

Information.

PRAYER FOR RELIEF

93. WHEREFORE, Plaintiff, individually and on behalf of all others similarly situated, seeks a judgment against Defendant as follows:

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 Counsel to represent the Class.

B. For an order declaring that Defendant’s conduct as described herein violates the Video, Audio, And Publication Rentals Privacy Act, R.I. Gen. Laws § 11-18-32;

C. For an order finding in favor of Plaintiff and the Class on all counts asserted herein;

D. For an award of actual damages or $250, whichever is greater, for

Case 1:18-cv-00534 Document 1 Filed 09/25/18 Page 24 of 24 PageID #: 24

each violation, to Plaintiff and each Class member, as provided by the Video, Audio, And Publication Rentals Privacy Act, R.I. Gen. Laws § 11-18-32(d);

E. For prejudgment interest on all amounts awarded;

F. For an order of restitution and all other forms of equitable monetary relief;

G. For injunctive relief as pleaded or as the Court may deem proper; and;

H. For an order awarding Plaintiff and the Class their reasonable attorneys’ fees and expenses and costs of suit.

JURY DEMAND

Plaintiff demands a trial by jury on all causes of action and issues so triable.

Dated: September 25, 2018 Respectfully submitted,

LAW OFFICES OF PETER N. WASYLYK

By: /s/ Peter N. Wasylyk Peter N. Wasylyk

Peter N. Wasylyk (R.I. Bar # 3351) 1307 Chalkstone Avenue Providence, RI 02908 Telephone: (401) 831-7730 Facsimile: (401) 861-6064 Email: [email protected]

BURSOR & FISHER, P.A. Scott A. Bursor* Joseph I. Marchese* Philip L. Fraietta* 888 Seventh Avenue New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 Email: [email protected] [email protected] [email protected] *Pro Hac Vice Forthcoming

Attorneys for Plaintiff

Case 1:18-cv-00534 Document 1-1 Filed 09/25/18 Page 1 of 2 PagelD #: 25

EXHIBIT A Case 1:18-cv-00534 Document 1-1 Filed 09/25/18 Page 2 of 2 PagelD #: 26

EXPLANATION

BY THE LEGISLATIVE COUNCIL

AN ACT

RELATING TO CRIMINAL OFFENSES -- UNLAWFUL DISSEMINATION OF RECORDS

***

of records to the 1 This act prohibits the revealing relating

and makes 2 rental of video or audio tapes or publications any

viola- 3 violation punishable by a fine not exceeding $1,000. per

4 tion. This act also provides a civil'penalty.

5 This act would take effect upon passage.

ES541/SUB A/2

- ' — - .7:7Yrr

-3- Case 1:18-cv-00534 Document 1-2 Filed 09/25/18 Page 1 of 3 PagelD #: 27

EXHIBIT B Case 1:18-cv-00534 Document 1-2 Filed 09/25/18 Page 2 of 3 PagelD #: 28

Hearst Masterfile

Hearst Magazines is one of the world's largest publishers of monthly consumer magazines. Its category leading titles have been merged to present an unduplicated masterfile of consumers living well. ittp://www.hearst.com/magazines SEGMENTS PRICE ID NUMBER

8,804,819 TOTAL UNIVERSE / BASE RATE $110.00/M NextMark 253382 3,225,858 6 Month Active Subs + $12.00/M Manager 35330 2,045,540 3 Month Active Subs + $14.00/M UNIVERSE 791,204 1 Month Active Subs + $17.00/M 8,804,819 6,770,392 6 Month Opted-In Email * $150.00/M 2,399,201 12 Month Expires $80.00/M LIST TYPE Of Address + $13.00/M 2,516,789 Change Consumer rib CI 342,020 Business Address + $11.00/M email mail 204,783 Gift Givers + $14.00/M 406,042 Sweeps Yes (Case by Case) + $12.00/M SOURCE 2,269,858 Active Republicans + $20.00/M Direct mail sold Active Democrats + 2,217,311 $20.00/M LIST MAINTENANCE Catalog Rate $80.00/M Charitable Fundraising Rate $75.00/M Counts through 07/31/2018 Non-Profit Rate $85.00/M Last update 08/31/2018 Political Rate $90.00/M Next update 09/10/2018 *Discounts available on Multi-Touch campaigns, please inquire! SELECTS 1 MONTH HL $17.00/M DESCRIPTION 3 MONTH HL $14.00/M Subscribers to the following titles comprise the Hearst Magazines Masterfile: Car and 6 MONTH HL $12.00/M Driver, Cosmopolitan, Country Living, Elle, Elle Decor, Esquire, Food Network AGE $16.00/M Magazine, Good Housekeeping, Harper's Bazaar, HGTV Magazine, House Beautiful, BLOW-INS $10.00/M Marie Claire, Popular Mechanics, Redbook, Road & Track, Town & Country,Veranda BUSINESS ADDRESS $11.00/M and Woman's Day. CHANGE OF ADDRESS $13.00/M ETHNIC/RELIGIOUS $16.00/M Demographics: GENDER $9.00/M Age: 46 GEO (SCF, ZIP, STATE) $9.00/M Income: $86,765 GIFT GIVERS $14.00/M 90% Married HOME ADDRESS $5.00/M Female 70% / Male 20% INCOME $16.00/M Hearst Magazine readers are passionately involved with 'theirmagazines, acting on INTERESTS $16.00/M tips and advice as well as responding to advertisers. Reach large numbers of LIFESTYLE SELECT $16.00/M confident consumers who are ahead of the trends and quick to act on their impulses. Magazine Titles $10.00/M NTF/RENEWALS $13.00/M The Masterfile is enhanced with Insource demographic and ethnic segments, available PAID $12.00/M selections include (please inquire for additional segments & counts): Political Party $20.00/M PRESENCE OF CHILDREN $16.00/M

Interest (+ $16/M) Qty Interest (+ $16/M) Qty SOURCE $12.00/M SWEEPS YES $12.00/M Bible Devotional 1,025,834 Outdoor Enthusiasts 3,052,907 Book Readers 5,032,485 Pets: all 6,885,845 GEOGRAPHY

Collectibles 1,799,350 Pets: Cats 1,004,723 USA

Contributors/Donors 2,275,190 Pets: Dogs 1,337,208 UNIT OF SALE INFORMATION Cooking 2,384,314 Physical Fitness/Exercise 4,674,611 Average: $18 Crafts 2,484,808 Sports: all - GENDER PROFILE Do It Yourselfers 2,792,394 Sports: Camping/Hiking 632,000 Gardening 2,774,763 Sports: Exercise/Fitness 4,674,611 Male: 20% Gourmet Food/Cooking 1,291,527 Sports: Golf 1,051,040 Female: 70% Health/Natural Foods 1,256,035 Sports: Hunting 771,524 AVERAGE INCOME Music 4,168,692 Travel Dollar: $86,765

MINIMUM ORDER

ADDITIONAL NOTES Quantity: 7,500 Dollar: $

NET NAME ARRANGEMENTS **Reuses are allowed at original order's base rate. Net Name is allowed.

TERMS AND CONDITIONS Floor: 85% Case 1:18-cv-00534 Document 1-2 Filed 09/25/18 Page 3 of 3 PagelD #: 29 Hearst requirements: Mailer's must have a signed LRA on file every 12 months (signed by mailer or Min Qty: 50,000 authorized agent). List owner will only allow deductions for Intra and Panders, mailers will be re-billed Run Charges: $ 10 /M for any open balances as a result of short payment due to other deductions. EXCHANGES Please allow 3-5 business days to process an order. Sample mail piece required with each order. All Exchange is allowed reuses under 1,000 names will be subject to a $200/F fee, in addition to any rental fees incurred. Any KEY CODING order received at ALC is subject to a $200/F cancellation fee. Order cancellations must be received in writing prior to merge. Orders cancelled before merge date include the following fees: $200/F + Selects Key Coding is available + RCs + Shipping charges; no cancellations or cutbacks allowed post-merge. Payment due 30 days from Charges: $ 2 /M 20% rate to State tax mail date. commission on base authorized brokers. and local sales will apply ADDRESSING where applicable. FTP $75.00/F Mailer is not permitted to use the data for digital marketing nor may they make any attempt to PLEASE FOR ADDITIONAL create digital audiences from the data unless agreed to in writing by the List (Data) Owner. INQUIRE OUTPUTS

USAGE

Boston Globe Media Jes Media DSW Designer Shoe Warehouse Rescue Missions Consortium Daily News Seattle Art Museum Food Banks St Jude Children's Research Hospital Habitat for Humanity International

PROFILE

INTERESTS (16.00/M) Bible Devotional 1,025,834 Book Readers 5,032,485 Collectibles 1,799,350 Contributors/Donors 2,275,190 Cooking 2,384,314 Crafts 2,484,808 Do It Yourselfers 2,792,394 Gardening 2,774,763 Gourmet Food/Cooking 1,291,527 Health/Natural Foods 1,256,035 Music 4,168,692 Outdoor Enthusiasts 3,052,907 Pets: all 6,885,845 Pets: Cats 1,004,723 Pets: Dogs 1,337,208 Physical Fitness/Exercise4,674,611 Sports: all Sports: Camping/Hiking 632,000 Sports: Exercise/Rtness 4,674,611 Sports: Golf 1,051,040 Sports: HuntMg 771,524 Travel 1,802,997 CONTACTS

NAME ROLE EMAIL PHONE

Michael Auriemma Sales [email protected] (914) 524-5238 Hearst Counts Counts [email protected] Danielle LaSala Director, Client Services [email protected] (914) 524-5235 Denise Mendez Orders, Counts, Shipping [email protected] (914) 524-5407 Send Orders To: [email protected] (609) 580-2800

= Primary contact

A I ("` % MAKE IT PERSONAL°

750 College Road East, Suite 201, Princeton, NJ 08540 l ph: 1.800.ALC.LIST fax: 609.580.2888 www.alc.com Case 1:18-cv-00534 Document 1-3 Filed 09/25/18 Page 1 of 3 PageID #: 30

EXHIBIT C Case 1:18-cv-00534 Document 1-3 Filed 09/25/18 Page 2 of 3 PageID #: 31

Hearst Masterle - Young Families

Hearst Magazines is one of the world’s largest publishers of monthly consumer magazines. Its category-leading titles have been enhanced to present a masterle of young families.

SEGMENTS PRICE ID NUMBER

1,675,055 TOTAL UNIVERSE / BASE RATE $110.00/M NextMark 254009 *Young Families (POC 0-18) + $16.00/M Manager 556,333 6 Month Active Subs + $12.00/M UNIVERSE 356,956 3 Month Active Subs + $14.00/M

128,149 1 Month Active Subs + $17.00/M 1,675,055 Catalog Rate $80.00/M LIST TYPE Charitable Fundraising Rate $75.00/M Consumer Non-Prot Rate $85.00/M

SOURCE DESCRIPTION Direct mail sold The Hearst Young Families Masterfile includes families with children age 0-18. These young families are ideal for apparel, books, educational aids, financial/investing, LIST MAINTENANCE fundraising, insurance, magazines, parenting aids, toys and more. Counts through 07/01/2018 Last update 09/04/2018 Subscribers to the following titles comprise the Hearst Magazines Young Families Next update 09/10/2018 Masterfile: Car and Driver, Cosmopolitan, Country Living, Elle, Elle Decor, Esquire, SELECTS Food Network Magazine, Good Housekeeping, Harper's Bazaar, HGTV Magazine, House Beautiful, Marie Claire, Popular Mechanics, Redbook, Road & Track, Town & 1 MONTH HL $17.00/M Country, Veranda and Woman's Day. 3 MONTH HL $14.00/M 6 MONTH HL $12.00/M AGE $16.00/M Age 0-3 Age 4-6 Age 7-9 Age 10-12 Age 13-18 BLOW-INS $10.00/M BUSINESS ADDRESS $11.00/M Boys 22,000 54,000 37,000 65,000 265,000 CHANGE OF ADDRESS $13.00/M Girls 24,000 72,000 36,000 59,000 215,000 GENDER $9.00/M POC 773,000 693,000 473,000 345,000 697,000 GEO (SCF, ZIP, STATE) $9.00/M HOME ADDRESS $5.00/M INCOME SELECT $16.00/M ADDITIONAL NOTES LIFESTYLE SELECT $16.00/M Magazine Titles $10.00/M **Reuses are allowed at original order's base rate. PAID $12.00/M PRESENCE OF CHILDREN $16.00/M RENEWALS $13.00/M TERMS AND CONDITIONS SOURCE $12.00/M Hearst requirements: Mailer's must have a signed LRA on le every 12 months (signed by mailer or GEOGRAPHY authorized agent). List owner will only allow deductions for Intra and Panders, mailers will be re-billed for any open balances as a result of short payment due to other deductions. USA

Please allow 3-5 business days to process an order. Sample mail piece required with each order. All UNIT OF SALE INFORMATION reuses under 1,000 names will be subject to a $200/F fee, in addition to any rental fees incurred. Any Average: $18 order received at ALC is subject to a $200/F cancellation fee. Order cancellations must be received in writing prior to merge. Orders cancelled before merge date include the following fees: $200/F + Selects GENDER PROFILE + RCs + Shipping charges; no cancellations or cutbacks allowed post-merge. Payment due 30 days from Male: 20% mail date. 20% commission on base rate to authorized brokers. State and local sales tax will apply Female: 70% where applicable. AVERAGE INCOME Mailer is not permitted to use the data for digital marketing nor may they make any attempt to Dollar: $86,000 create digital audiences from the data unless agreed to in writing by the List (Data) Owner. MINIMUM ORDER Quantity: 7,500 Dollar: $ NET NAME ARRANGEMENTS

Net Name is allowed. Floor: 85% Min Qty: 50,000 Run Charges: $ 10 /M EXCHANGES

Exchange is allowed KEY CODING

Key Coding is available Case 1:18-cv-00534 Document 1-3 Filed 09/25/18 Page 3 of 3 PageID #: 32 Charges: $ 2 /M ADDRESSING

FTP $75.00/F PLEASE INQUIRE FOR ADDITIONAL OUTPUTS

CONTACTS NAME ROLE EMAIL PHONE Michael Auriemma Sales [email protected] (914) 524-5238 Hearst Counts Counts [email protected] Danielle LaSala Director, Client Services [email protected] (914) 524-5235 Denise Mendez Orders, Counts, Shipping [email protected] (914) 524-5407 Send Orders To: [email protected] (609) 580-2800 = Primary contact Case 1:18-cv-00534 Document 1-4 Filed 09/25/18 Page 1 of 3 PageID #: 33

EXHIBIT D Case 1:18-cv-00534 Document 1-4 Filed 09/25/18 Page 2 of 3 PageID #: 34

Hearst Masterle - Ethnic & Religious

One of the world’s largest publishers of monthly consumer magazines, Hearst Magazines appeal to readers of all ethnic and religious backgrounds. Its category leading titles have been merged and overlayed with ethnic and religious data.

SEGMENTS PRICE ID NUMBER

10,098,812 TOTAL UNIVERSE / BASE RATE $110.00/M NextMark 253854 *Ethnic/Religious + $16.00/M Manager 35336 Catalog Rate $80.00/M UNIVERSE Charitable Fundraising Rate $75.00/M Non-Prot Rate $85.00/M 10,098,812 LIST TYPE DESCRIPTION Consumer

Hearst Magazines is one of the few publishers that continues to thrive despite a downturn in the publishing market. Much of the company’s success is due to the fact SOURCE that its many titles appeal to all types of people—African American, Hispanic, Asian— Direct mail sold of all types of faith—Catholic, Jewish, Protestant. The Hearst Magazines Ethnic & Religious Masterfile presents a dynamic audience of sophisticated men and women of LIST MAINTENANCE various ethnicities and religious beliefs. Counts through 07/31/2018 Last update 09/04/2018 Subscribers to the following titles comprise the Hearst Magazines Masterfile: Next update 09/10/2018

SELECTS Car and Driver, Cosmopolitan, Country Living, Elle, Elle Decor, Esquire, Food Network Magazine, Good Housekeeping, Harper's Bazaar, HGTV Magazine, House Beautiful, 1 MONTH HL $17.00/M Marie Claire, Popular Mechanics, Redbook, Road & Track, Town & Country, Veranda 3 MONTH HL $14.00/M and Woman's Day. 6 MONTH HL $12.00/M AGE $16.00/M Tap into ethnic and religious data to reach large numbers of your best customers. BLOW-INS $10.00/M BUSINESS ADDRESS $5.00/M Ethnic/Religious segments include (*inquire for additional selects): CHANGE OF ADDRESS $13.00/M ETHNICITY $16.00/M GENDER $9.00/M Ethnicity (+ $16/M) Qty Religion (+ $16/M) Qty GEO (SCF, ZIP, STATE) $9.00/M African American 889,708 Catholic 2,160,850 HOME ADDRESS $5.00/M Asian - other 57,371 Jewish 156,780 INCOME SELECT $16.00/M Chinese 74,449 Protestant 5,270,391 Magazine Titles $10.00/M French 238,108 PAID $12.00/M Hispanic 684,944 PRESENCE OF CHILDREN $16.00/M Irish 611,725 RELIGION $16.00/M Italian 306,618 RENEWALS $13.00/M SOURCE $12.00/M Japanese 24,485 GEOGRAPHY USA

UNIT OF SALE INFORMATION ADDITIONAL NOTES Average: $18

GENDER PROFILE **Reuses are allowed at original order's base rate. Male: 20% TERMS AND CONDITIONS Female: 70% MINIMUM ORDER Hearst requirements: Mailer's must have a signed LRA on le every 12 months (signed by mailer or authorized agent). List owner will only allow deductions for Intra and Panders, mailers will be re-billed Quantity: 7,500 for any open balances as a result of short payment due to other deductions. Dollar: $ Please allow 3-5 business days to process an order. Sample mail piece required with each order. All NET NAME ARRANGEMENTS reuses under 1,000 names will be subject to a $200/F fee, in addition to any rental fees incurred. Any Net Name is allowed. order received at ALC is subject to a $200/F cancellation fee. Order cancellations must be received in Floor: 85% writing prior to merge. Orders cancelled before merge date include the following fees: $200/F + Selects Min Qty: 50,000 + RCs + Shipping charges; no cancellations or cutbacks allowed post-merge. Payment due 30 days from Run Charges: $ 10 /M mail date. 20% commission on base rate to authorized brokers. State and local sales tax will apply where applicable. EXCHANGES Mailer is not permitted to use the data for digital marketing nor may they make any attempt to Exchange is allowed create digital audiences from the data unless agreed to in writing by the List (Data) Owner. KEY CODING

Key Coding is available Charges: $ 2 /M Case 1:18-cv-00534 Document 1-4 Filed 09/25/18 Page 3 of 3 PageID #: 35 ADDRESSING FTP $75.00/F PLEASE INQUIRE FOR ADDITIONAL OUTPUTS

USAGE

Hello & Hola Media, Inc.

PROFILE ETHNICITY (16.00/M) African American 889,708 Asian - other 57,371 Chinese 74,449 French 238,108 Hispanic 684,944 Irish 611,725 Italian 306,618 Japanese 24,485

RELIGION (16.00/M) Catholic 2,160,850 Jewish 156,780 Protestant 5,270,391 CONTACTS NAME ROLE EMAIL PHONE Michael Auriemma Sales [email protected] (914) 524-5238 Hearst Counts Counts [email protected] Danielle LaSala Director, Client Services [email protected] (914) 524-5235 Denise Mendez Orders, Counts, Shipping [email protected] (914) 524-5407 Send Orders To: [email protected] (609) 580-2800

= Primary contact Case 1:18-cv-00534 Document 1-5 Filed 09/25/18 Page 1 of 2 PageID #: 36 JS 44 (Rev. 08/18) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS CHRISTINA LACHAPELLE DEFENDANTS HEARST COMMUNICATIONS, INC.

(b) County of Residence of First Listed Plaintiff Bristol County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Attorneys (If Known) (c) Attorneys (Firm Name, Address, and Telephone Number) LAW OFFICES OF PETER N. WASYLYK, 1307 Chalkstone Avenue, Providence, RI 02908 Telephone: 401-831-7730

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act ’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a)) ’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking ’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce ’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and (Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations ’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act ’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV ’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 850 Securities/Commodities/ ’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange ’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions Medical Malpractice Leave Act ’ 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters ’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act ’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration ’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure ’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of ’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes Other ’ 550 Civil Rights Actions ’ 448 Education ’ 555 Prison Condition ’ 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - (specify) Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 28 U.S.C. Section 1332(d) VI. CAUSE OF ACTION Brief description of cause: Violation of the Rhode Island Video, Audio and Publication Rentals Privacy Act VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. 5,000,000.00 JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGEChief Judge William E. Smith DOCKET NUMBER 18-513 and 18-520 DATE SIGNATURE OF ATTORNEY OF RECORD 09/25/2018 /s/ Peter N. Wasylyk FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS 44 Reverse (Rev. 08/18)Case 1:18-cv-00534 Document 1-5 Filed 09/25/18 Page 2 of 2 PageID #: 37

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet. Case 1:18-cv-00534 Document 1-6 Filed 09/25/18 Page 1 of 2 PageID #: 38

AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the ______District District of Rhode of ______Island

CHRISTINA LACHAPELLE, individually and on behalf ) of all others similarly situated ) ) ) Plaintiff(s) ) ) v. Civil Action No. ) HEARST COMMUNICATIONS, INC. ) ) ) ) Defendant(s) )

SUMMONS IN A CIVIL ACTION

Hearst Communications, Inc. To: (Defendant’s name and address) 300 West 57th Street New York, NY 10019

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Peter N. Wasylyk Law Offices of Peter N. Wasylyk 1307 Chalkstone Avenue Providence, RI 02908

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: Signature of Clerk or Deputy Clerk Case 1:18-cv-00534 Document 1-6 Filed 09/25/18 Page 2 of 2 PageID #: 39

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) was received by me on (date) .

’ I personally served the summons on the individual at (place) on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify): .

My fees are $ for travel and $ for services, for a total of $0.00 .

I declare under penalty of perjury that this information is true.

Date: Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: ClassAction.org

This complaint is part of ClassAction.org's searchable class action lawsuit database