Legal Question in Civil Litigation in California

I recently bought a wedding dress from David’s bridal. Today I received an email from a Mary Kay consultant stating that my name was entered into a contest with them from David’s bridal and I won a prize. I did not remember entering a contest with Mary Kay so I followed the instructions in the email. I was asked to type bridal to a phone number and I did that. The Mary Kay rep that sent me the email responded right away. She told me that I won a package for me and my friends to have a complementary beauty assessment and she would do a complementary lip treatment and a foundation matching as a prize. She also told me that I won a $25 gift certificate for any Mary Kay products I wanted to purchase. This did not seem right to me so I contacted the customer service department at David’s bridal right away. They told me they do not partner with Mary Kay and took down a report and told me they would contact me in a couple of days. I continued my correspondence through text with this Mary Kay consultant trying to get more information I asked her which location did I win the prize from she told me it was Long Beach California and that is exactly where I bought my dress from. I asked her if that she partners with the corporate on this promotion or if this is just something that’s done in store and she told me that it’s done through the corporation of David’s bridal’s. It seems that an employee at David’s bridal is giving out peoples personal information to this consultant perhaps she has a friend or family member of their’s, and this consultant is doing consultations on the side from the information that they’re getting from the David’s bridal data base when we registered. This is clearly a breach of my privacy and I believe it’s a class action suit is there an attorney out there that wants to talk to me I saved every email and text from this person so I have proof. I am not the only person that this is affected whoever is giving out personal information is giving it out from everybody in their database so there is potential he a lot of victims out there

Asked on 1/30/20, 2:22 pm

1 Answer from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

As inappropriate and unethical as this is, and probably grounds for termination of the employee involved, what is going on is probably not illegal at all. Other than on-line interactions that may require a privacy policy, information from our daily business transactions are generally not considered private at all, much less legally protected. Your only recourse is to bring this to the attention of the business’ management and have them find and fire the responsible employee before you will do any more business with them.

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Answered on 1/30/20, 4:32 pm

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