This case was last updated from PACER on 09/24/2021 at 13:09:46 (UTC).

Bohnak et al v. Trusted Media Brands, Inc.

Case Summary

On September 7, 2021, Martha M. Bohnak and Debbie Jo Terzoli (“Plaintiffs”), individually and on behalf of others similarly situated, represented by Philip Lawrence Fraietta of Bursor & Fisher, P.A., filed a class action lawsuit against Trusted Media Brands, Inc. (“TMBI” or “Defendant”), seeking injunctive relief and damages along with prejudgment interest, among other reliefs, for the alleged exchange or disclosure of the Plaintiff’s and other class members’ data to third parties. This case was filed in U.S. District Court in the Southern District of New York with Judge Nelson S. Roman presiding



In the complaint, the Plaintiffs alleged that, “Defendant TMBI rented, exchanged, and/or otherwise disclosed detailed information about Plaintiff Bohnak’s Taste of Home and Plaintiff Terzoli’s Reader’s Digest magazine subscriptions to data aggregators, data appenders, data cooperatives, and list brokers, among others, which in turn disclosed their information to aggressive advertisers, political organizations, and non-profit companies. As a result, Plaintiffs have received a barrage of unwanted junk mail.”



Further, the Plaintiffs alleged that, “Defendant’s use of Plaintiffs’ identities on the mailing lists that it rents, exchanges, and/or otherwise discloses (including in connection with the Taste of Home and Reader’s Digest magazine subscriptions previously sold to Plaintiffs) directly violated Ohio’s and California’s misappropriation of name or likeness statutes” and “To supplement its revenues, TMBI rents, exchanges, or otherwise discloses its customers’ information—including their full names, titles of publications subscribed to, and home addresses, as well as myriad other categories of individualized data and demographic information such as gender, ethnicity, and religion—to data aggregators, data appenders, data cooperatives, and other third parties without the written consent of its customers.”



The Plaintiffs also alleged that, “By renting, exchanging, or otherwise disclosing – rather than selling – its customers’ names and identities, TMBI is able to disclose the information time and time again to countless third parties” and “Additionally, neither Plaintiffs nor class members provided Defendant with written consent to use their identities in Defendant’s products or other commercial activities. As detailed above, TMBI uses class members’ names and identities in its products, services, and/or other commercial activities. Thus, Defendant violates both Ohio Revised Code Sec. 2741.01, et. seq. and California Civil Code Sec. 3344.”



There are two claims of relief laid down by the Plaintiffs. The first claim is for the alleged violation of Ohio Revised Code Sec. 2741.01, et. seq. The second claim is for the alleged violation of California Civil Code section 3344.



In its prayer for relief, the Plaintiffs have requested the Court to certify this action as a class action lawsuit and appoint the Plaintiffs as the representatives of the Classes. Further, the Plaintiffs requested the Court for declaratory and injunctive reliefs along with compensatory, statutory, and punitive damages; an order of restitution; and all other forms of equitable monetary relief along with prejudgement interest, expenses and costs of the suit and reasonable attorneys’ fees.



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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:21-CV-07476

  • Filing Date:

    09/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Nelson Stephen Roman

 

Party Details

Plaintiffs

Martha M. Bohnak

Debbie Jo Terzoli

Defendant

Trusted Media Brands, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Philip Lawrence Fraietta

Attorney at Bursor & Fisher, P.A.

888 Seventh Avenue

New York, NY 10019

 

Court Documents

#5

(#5) SUMMONS RETURNED EXECUTED Summons and Complaint served. Trusted Media Brands, Inc. served on 9/13/2021, answer due 10/4/2021. Service was accepted by Christopher Boyd, Registered Agent. Document filed by Martha M. Bohnak; Debbie Jo Terzoli..(Fraietta, Philip) (Entered: 09/22/2021)

#4

(#4) ELECTRONIC SUMMONS ISSUED as to Trusted Media Brands, Inc...(jgo) (Entered: 09/08/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to TRUSTED MEDIA BRANDS, INC., re: #1 Complaint. Document filed by Martha M. Bohnak, Debbie Jo Terzoli..(Fraietta, Philip) (Entered: 09/07/2021)

#2

(#2) CIVIL COVER SHEET filed..(Fraietta, Philip) (Entered: 09/07/2021)

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

1 #1

Main Document

 

Docket Entries

  • 09/22/2021
  • View Court Documents
  • Docket(#5) SUMMONS RETURNED EXECUTED Summons and Complaint served. Trusted Media Brands, Inc. served on 9/13/2021, answer due 10/4/2021. Service was accepted by Christopher Boyd, Registered Agent. Document filed by Martha M. Bohnak; Debbie Jo Terzoli..(Fraietta, Philip) (Entered: 09/22/2021)

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  • 09/08/2021
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  • Docket(#4) ELECTRONIC SUMMONS ISSUED as to Trusted Media Brands, Inc...(jgo) (Entered: 09/08/2021)

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  • 09/08/2021
  • DocketCase Designated ECF. (jgo) (Entered: 09/08/2021)

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  • 09/08/2021
  • DocketMagistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 09/08/2021)

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  • 09/08/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 09/08/2021)

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  • 09/08/2021
  • Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Lawrence Fraietta. The party information for the following party/parties has been modified: Martha M. Bohnak; Debbie Jo Terzoli. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) (Entered: 09/08/2021)

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  • 09/08/2021
  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip Lawrence Fraietta. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1453; Dollar Demand $5,000,000,000; County code Westchester;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $5,000,000; the County code has been modified to XX Out of State;. (jgo) (Entered: 09/08/2021)

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  • 09/07/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to TRUSTED MEDIA BRANDS, INC., re: #1 Complaint. Document filed by Martha M. Bohnak, Debbie Jo Terzoli..(Fraietta, Philip) (Entered: 09/07/2021)

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  • 09/07/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Fraietta, Philip) (Entered: 09/07/2021)

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  • 09/07/2021
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  • Docket(#1) COMPLAINT against Trusted Media Brands, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25028728)Document filed by Martha M. Bohnak, Debbie Jo Terzoli. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Fraietta, Philip) (Entered: 09/07/2021)

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