In recent years, selling customer mailing lists —a long-established practice— has found itself in the hot seat of legal disputes. Litigations have been brought forward alleging violations of customers’ right of publicity from the sale of such lists. This increase in lawsuits was discussed in depth in the 2023 Data Security Incident Response Report.
These complaints assert that the act of selling customer mailing lists infringes upon each individual’s right of publicity. Noteworthy is the fact that the lists’ value springs not from the information of a single individual, but from the aggregation of data from thousands of names.
This wave of legal challenges appears to seek an expansion of the so-called right of publicity, presenting intriguing implications for businesses that leverage customer data for marketing and other purposes.
The law firm BakerHostetler discusses these allegations and their ramifications, providing a comprehensive overview in the reported data security incident. The intricate nature of these cases underlines the importance for businesses to stay abreast of evolving litigation trends, especially those revolving around customer data and privacy rights.
Legal professionals should keep an eye on these developments, given their potential to significantly influence the lawful handling of customer data in the commercial sphere. As the debate around customer mailing lists and the right of publicity continues to gain momentum, it is certain to bring forth new questions and considerations for corporate law circles.