A lawsuit was filed last month against the National Shooting Sports Foundation (NSSF), the main trade association for the firearms industry. The complaint, Cocanour et al. v. National Shooting Sports Foundation, Inc., alleges that NSSF collected personal information from firearms buyers through warranty cards and used this data for political purposes without compensating the individuals involved.
Filed on September 22 by attorney Riley Breakell of Motley Rice, LLC, and joined by Benjamin Gould of Keller Rohrback, LLP, the case centers on two plaintiffs: Daniel Cocanour from Oklahoma and Dale Rimkus from Illinois. Both claim their rights were violated after submitting warranty cards following firearm purchases.
The lawsuit asserts that NSSF “received Plaintiffs’ personal information and used it for political purposes—and benefited from doing so.” It further states, “The failure of NSSF to pay Plaintiffs for use of their personal information was to Plaintiffs’ detriment.”
Breakell is a relatively new attorney who previously interned at a public defender’s office in Connecticut and worked as a legal assistant in Oregon. Her ongoing lawsuits include cases against YouTube over mental health concerns, Instagram for alleged addictiveness, and Facebook for claims related to compulsive use.
Gould recently defended a Washington law permitting courts to require individuals under civil protection orders to surrender their firearms to authorities. His firm has also brought litigation against Glock concerning auto sears on behalf of Seattle.
The current suit against NSSF contains only one count: unjust enrichment. No specific federal, state, or local law is cited in the complaint regarding the collection or use of warranty card data—a practice common across various industries.
Media coverage has highlighted similarities between this lawsuit and findings from a ProPublica investigation into gun industry practices. However, critics argue that collecting customer data via warranty cards is standard marketing procedure in many sectors.
Membership organizations such as Buckeye Firearms Association continue grassroots efforts focused on defending gun rights within Ohio communities.
