Klaas: Metromail/Donnelley response shows need to criminalize conduct; legislation needed as companies seek to avoid accountability for dangerous and deceptive practices using children's data.

WASHINGTON--(BUSINESS WIRE)--April 30, 1997-- Monday's press release from Marc Klaas and the Kids Off Lists Coalition reported the expansion of a class action suit against Metromail Corporation (ML.N) and its former parent, R.R. Donnelley & Sons (DNY.N), over privacy violations.

The original lawsuit was filed in April 1996 by Beverly Dennis, an Ohio grandmother who completed a Metromail consumer survey thinking she would receive product samples. Instead, she got a sexually graphic and threatening letter from a convicted rapist who learned intimate information about her while keypunching data from the surveys in a Texas prison.

New plaintiffs and expanded claims were recently added, targeting such Metromail abuses as collecting consumer survey information about families by promising to put them on "mailing lists" for "free coupons," but then making the information about young children and others available for sale to anyone over a "1-900" people-finder service for $3 a minute.

A Metromail press release late Monday claimed the Kids Off Lists release was "misleading," and also attacked Beverly Dennis' attorneys. Donnelley deferred comment to Metromail.

Marc Klaas, head of the Marc Klaas Foundation for Children, and founder of Kids Off Lists, responded: "Metromail and Donnelley are fond of attacking their critics' motives, but the excuses are always short on substance. They have already admitted taking consumer survey information from parents and then putting the kids' information on people-locator services. That's what's significant here."

Marc Rotenberg, director of the Electronic Privacy Information Center (EPIC) in Washington, D.C., underscored Klaas' sentiments: "Metromail/Donnelley should spend less energy on public relations and more on privacy protection. Their disregard for personal privacy will ultimately lead to a crackdown on marketing practices across the entire industry."

On Monday, Robert Ellis Smith, an attorney and publisher of Privacy Journal, said that the Beverly Dennis case could be "the most decisive moment in the courts for direct mail and marketing in more than two decades."

Klaas agreed that Metromail's and Donnelley's unapologetic attitude regarding the misuse of children's data proves the need for legislation to criminalize such conduct: "The harder these companies dig in to defend these practices, the more obvious it is that legislation is needed to outlaw them." Klaas added: "I urge parents everywhere to follow this case and to support `Kids Of Lists' legislation."

Bills have already been introduced in California and New Jersey, and others are being readied elsewhere, to ban the sale of children's data without parental consent, force companies like Metromail to tell parents where it obtains data on their kids, outlaw 900 number "look-up" services on children, and bar prison labor from processing children's data.

John Aristotle Phillips, a Metromail competitor and supporter of Kids Off Lists, said that the Metromail/Donnelley defense of the 900 number is particularly symbolic of management's lack of fitness to maintain dossiers on 90% of American families: "How would you feel if you filled out one of these surveys promising "free coupons," and then your child's or grandchild's name, address and age was made available to anyone -- even pedophiles -- on a `900' number." He renewed his call on Metromail President Susan Henricks and Donnelley CEO William Davis to apologize to those parents and grandparents who had been deceived.

Addendum: Earlier this month, the two claims against the Texas state prison system and its representatives in the Beverly Dennis lawsuit were dismissed on governmental immunity grounds. Although Metromail called this a "significant blow" to the plaintiff's claims, Metromail and Donnelley do not have governmental immunity and the dismissal does not affect the consumers' case against the companies. None of the seven claims against Metromail, Donnelley, or its subcontractor has been dismissed. -0-

Note to Editors: For comment from Marc Klaas (Kids Off Lists), phone [phone]; for EPIC: 202/544-9240; for John Phillips 415/882-9924; For Privacy Journal: 401/274-7861. -0-

William Davis, Susan Henricks, Privacy, Pedophiles, Prisoners, Donnelley, Metromail, Class Action Lawsuit, Marc Klaas.

CONTACT: Kids Off Lists

Marc Klaas, 415/331-6867