Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

By Judy Selby on August 6, 2013 Posted in Information Security

In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information sourced from motor vehicle records. Eric Gordon v. Softech, et al., 12-661-cv (2d Circuit July 31, 2013). The court did hold, however, … Continue Reading

DPPA Does Not Prohibit Bulk Obtainment of Motor Vehicle Records

By Erica Gann Kitaev on May 7, 2012 Posted in Privacy Litigation

The Sixth Circuit Court of Appeals has upheld the dismissal of a purported class action lawsuit brought under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2127, et. seq. (“DPPA”). Plaintiffs’ claims in Wiles v. Ascom Transport System, Inc., Case No. 11-5342, were based on the bulk obtainment of personal information from Kentucky motor … Continue Reading

Will the Driver’s Privacy Protection Act Fuel the Next Wave of Class Actions Against Retailers?

By Craig A. Hoffman on November 29, 2011 Posted in Federal Legislation, Privacy Litigation

Within a month of a California Supreme Court decision in Pineda v. Williams-Sonoma Stores, Inc. (finding ZIP codes constitute personal identification information under California’s Song-Beverly Act), over 100 putative class action law suits were filed against retailers operating in California. A November 22 lawsuit against Best Buy (Siegler v. Best Buy Co. of Minnesota, Inc.) … Continue Reading