Huston v. Hearst Communications, Inc.

Dist. Ct. did not err in granting motion for summary judgment filed by defendant-publisher of Good Housekeeping magazine in action by plaintiff-subscriber of Good Housekeeping, alleging that defendant violated Illinois Right to Privacy Act (IRPA) by offering to sell and selling its mailing lists that contained plaintiff’s and other’s identifying information. IRPA provides that person may not use individual’s identity for commercial purposes without obtaining prior written consent, and plaintiff failed to present evidence that defendant used her identity for commercial purposes, since defendant never used or held out plaintiff’s identity in connection with offering for sale or sale of mailing lists. Fact that plaintiff’s identification information was contained in mailing list did not require different result.